The Florida Senate

¹339.137  Transportation Outreach Program (TOP).--

(1)  There is created within the Department of Transportation, a Transportation Outreach Program (TOP) dedicated to funding transportation projects of a high priority based on the prevailing principles of preserving the existing transportation infrastructure; enhancing Florida's economic growth and competitiveness; and improving travel choices to ensure mobility.

(2)  For purposes of this section, words and phrases shall have the following meanings:

(a)  Preservation.--Protecting the state's transportation infrastructure investment. Preservation includes:

1.  Ensuring that 80 percent of the pavement on the State Highway System meets department standards;

2.  Ensuring that 90 percent of department-maintained bridges meet department standards; and

3.  Ensuring that the department achieves 100 percent of acceptable maintenance standards on the State Highway System.

(b)  Economic growth and competitiveness.--Ensuring that state transportation investments promote economic activities which result in development or retention of income generative industries which increase per capita earned income in the state, and that such investments improve the state's economic competitiveness.

(c)  Mobility.--Ensuring a cost-effective, statewide, interconnected transportation system.

(d)  The term "regionally significant transportation project of critical concern" means a transportation facility improvement project located in one county which provides significant enhancement of economic development opportunities in an adjoining county or counties and which provides improvements to a hurricane evacuation route.

(3)  Eligible projects include those for planning, designing, acquiring rights-of-way for, or constructing the following:

(a)  Major highway improvements.--

1.  Florida Intrastate Highway System.

2.  Feeder roads which provide linkages to major highways.

3.  Bridges of statewide or regional significance.

4.  Trade and economic development corridors.

5.  Access projects for freight and passengers.

6.  Hurricane evacuation routes.

(b)  Major public transportation projects.--

1.  Seaport projects which improve cargo and passenger movements.

2.  Aviation projects which increase passenger enplanements and cargo activity.

3.  Transit projects which improve mobility on interstate highways, or which improve regional or localized travel.

4.  Rail projects that facilitate the movement of passengers and cargo including ancillary pedestrian facilities.

5.  Florida Space Authority projects which improve space transportation capacity and facilities consistent with the provisions of s. 331.360

6.  Bicycle and pedestrian facilities that add to or enhance a statewide system of public trails.

(c)  Highway and bridge projects that facilitate retention and expansion of military installations, or that facilitate reuse and development of any military base designated for closure by the Federal Government.

(4)  Transportation Outreach projects may be proposed by any local government, regional organization, economic development board, public or private partnership, metropolitan planning organization, state agency, or other entity engaged in economic development activities.

(5)  Transportation funding under this section shall use the following mechanisms to prioritize proposed projects:

(a)  Economic development-related transportation projects may compete for funding under the program. Projects funded under this program should provide for increased mobility on the state's transportation system. Projects which have local or private matching funds may be given priority over other projects.

(b)  Establishment of a funding allocation under this program reserved to quickly respond to transportation needs of emergent economic competitiveness development projects that may be outside of the routine project selection process. This funding may be used to match local or private contributions for transportation projects which meet the definition of economic competitiveness contained in this section.

(c)  Establish innovative financing methods to enable the state to respond in a timely manner to major or emergent economic development-related transportation needs that require timely commitments. These innovative financing methods include, but are not limited to, the state infrastructure bank, state bonds for right-of-way acquisition and bridge construction, state bonds for fixed guideway transportation systems, state bonds for federal aid highway construction, funds previously programmed by the department for high-speed rail development, and any other local, state, or federal funds made available to the department.

(6)  In addition to complying with the prevailing principles provided in subsection (1), to be eligible for funding under the program, projects must also meet the following minimum criteria:

(a)  The project or project phase selected can be made production-ready within a 5-year period following the end of the current fiscal year.

(b)  The project is listed in an outer year of the 5-year work program and can be made production-ready and advanced to an earlier year of the 5-year work program.

(c)  The project is consistent with a current transportation system plan including, but not limited to, the Florida Intrastate Highway System, aviation, intermodal/rail, seaport, spaceport, or transit system plans.

(d)  The project is not inconsistent with an approved local comprehensive plan of any local government within whose boundaries the project is located in whole or in part or, if inconsistent, is accompanied by an explanation of why the project should be undertaken.

(e)  One or more of the minimum criteria listed in paragraphs (a)-(d) may be waived for a statewide or regionally significant transportation project of critical concern.

(7)  The Transportation Outreach Program (TOP) advisory council is created to annually make recommendations to the Legislature on prioritization and selection of economic growth projects as provided in this section.

(a)  The council shall consist of:

1.  Two representatives of private interests who are directly involved in or affected by any mode of transportation or tourism chosen by the Speaker of the House of Representatives.

2.  Two representatives of private interests who are directly involved in or affected by any mode of transportation or tourism chosen by the President of the Senate.

3.  Three representatives of private or governmental interests who are directly involved in or affected by any mode of transportation or tourism chosen by the Governor.

(b)  Terms for council members shall be 2 years, and each member shall be allowed one vote.

(c)  Initial appointments must be made no later than 60 days after this act takes effect. Vacancies in the council shall be filled in the same manner as the initial appointments.

(d)  The council shall hold its initial meeting no later than 30 days after the members have been appointed in order to organize and select a chair and vice chair from the council membership. Meetings shall be held at the call of the chair, but not less frequently than quarterly.

(e)  The members of the council shall serve without compensation, but shall be reimbursed for per diem and travel expenses as provided in s. 112.061 The department shall provide administrative staff support, travel and per diem expenses for the council.

(8)  Because transportation investment plays a key role in economic development, the council and the department shall actively participate in state and local economic development programs, including:

(a)  Working in partnership with other state and local agencies in business recruitment, expansion, and retention activities to ensure early transportation input into these activities.

(b)  Providing expertise and rapid response in analyzing the transportation needs of emergent economic development projects.

(c)  The council and department must develop a macroeconomic analysis of the linkages between transportation investment and economic performance, as well as a method to quantifiably measure the economic benefits of the investments.

(9)  The council shall review and prioritize projects submitted for funding under the program with priority given to projects which comply with the prevailing principles provided in subsection (1), and shall recommend to the Legislature a transportation outreach program. The department shall provide technical expertise and support as requested by the council, and shall develop financial plans, cash forecast plans, and program and resource plans necessary to implement this program. These supporting documents shall be submitted with the Transportation Outreach Program.

(10)  Projects recommended for funding under the Transportation Outreach Program shall be submitted to the Governor and the Legislature as a separate section of the department's tentative work program. Final approval of the Transportation Outreach Program shall be made by the Legislature through the General Appropriations Act. Program projects approved by the Legislature must be included in the department's adopted work program.

(11)  For purposes of funding projects under the program, the department shall allocate from the State Transportation Trust Fund in its program and resource plan a minimum of $60 million each year beginning in fiscal 2001-2002 for a transportation outreach program. This funding is to be reserved for projects to be funded under the Transportation Outreach Program. This allocation of funds is in addition to any funding provided to this program by any other provision of law.

(12)  Notwithstanding any other law to the contrary the requirements of ss. 206.46(3), 206.606(2), 339.135, 339.155, and 339.175 shall not apply to the Transportation Outreach Program.

(13)  The department is authorized to adopt rules to implement the Transportation Outreach Program supporting economic development.

History.--s. 18, ch. 2000-257; s. 22, ch. 2002-183.

¹Note.--Section 22, ch. 2000-257, provides that "[n]otwithstanding any other law to the contrary the requirements of sections 206.46(3) and 206.606(2), Florida Statutes, shall not apply to any funding, programs, or other provisions contained in this act."