House Bill 1689

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    Florida House of Representatives - 1999                HB 1689

        By Representative Patterson






  1                      A bill to be entitled

  2         An act relating to transportation planning;

  3         amending s. 339.175, F.S.; revising provisions

  4         relating to legislative intent regarding, and

  5         purposes of, metropolitan planning

  6         organizations (M.P.O.'s); providing that the

  7         jurisdictional boundary of an M.P.O. is the

  8         metropolitan planning area and providing

  9         requirements with respect thereto; revising

10         provisions relating to designation of multiple

11         M.P.O.'s within an area; revising provisions

12         relating to the voting membership of an M.P.O;

13         authorizing approval of noncomplying membership

14         apportionment plans; revising the elements to

15         be considered in the development of long-range

16         transportation plans and transportation

17         improvement programs; deleting duties of the

18         technical advisory committees relating to

19         identification of school safety concerns;

20         revising requirements with respect to the

21         long-range transportation plan and the annual

22         transportation improvement program and

23         development thereof; requiring an M.P.O. to

24         make certain information available for public

25         review; clarifying and correcting language;

26         amending s. 341.053, F.S.; providing that the

27         Intermodal Development Program shall be

28         administered by the Department of

29         Transportation in cooperation with M.P.O.'s and

30         local governments; providing that an M.P.O.,

31         rather than the department, shall review

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  1         funding requests from rail authorities;

  2         providing that an M.P.O. shall be responsible

  3         for submitting intermodal access project

  4         funding requests to the department in urbanized

  5         areas and providing requirements with respect

  6         thereto; amending s. 320.20, F.S.; correcting a

  7         reference; providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Section 339.175, Florida Statutes, 1998

12  Supplement, is amended to read:

13         339.175  Metropolitan planning organization.--It is the

14  intent of the Legislature to encourage and promote the safe

15  and efficient management, operation, and development of

16  transportation systems embracing various modes of

17  transportation in a manner that will serve maximize the

18  mobility needs of people and freight goods within and through

19  urbanized areas of this state and minimize, to the maximum

20  extent feasible, and together with applicable regulatory

21  government agencies, transportation-related fuel consumption

22  and air pollution.  To accomplish these objectives,

23  metropolitan planning organizations, referred to in this

24  section as M.P.O.'s, shall develop, in cooperation with the

25  state and public transit operators, transportation plans and

26  programs for metropolitan areas. Such plans and programs must

27  provide for the development of transportation facilities that

28  will function as an intermodal transportation system for the

29  metropolitan area.  The process for developing such plans and

30  programs shall provide for consideration of all modes of

31  transportation and shall be continuing, cooperative, and

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  1  comprehensive, to the degree appropriate, based on the

  2  complexity of the transportation problems to be addressed.

  3         (1)  DESIGNATION.--

  4         (a)1.  An M.P.O. shall be designated for each urbanized

  5  area of the state.  Such designation shall be accomplished by

  6  agreement between the Governor and units of general-purpose

  7  local government representing at least 75 percent of the

  8  population of the urbanized area; however, the unit of

  9  general-purpose local government that represents the central

10  city or cities within the M.P.O. jurisdiction, as defined by

11  the United States Bureau of the Census, must be a party to

12  such agreement.

13         2.  The jurisdictional boundary of an M.P.O. is the

14  metropolitan planning area, which is determined by agreement

15  between the Governor and the applicable M.P.O. Each

16  metropolitan planning area shall encompass at least the

17  existing urbanized area and the contiguous urbanized area

18  expected to become urbanized within a 20-year forecast period,

19  and may encompass the entire metropolitan statistical area or

20  consolidated metropolitan statistical area, as defined by the

21  United States Bureau of the Census.

22         3.2.  More than one M.P.O. may be designated within an

23  existing metropolitan planning area urbanized area only if the

24  Governor and the existing metropolitan planning organization

25  determine determines that the size and complexity of the

26  existing metropolitan planning area make designation of more

27  than one metropolitan planning organization for the area

28  appropriate area justifies the designation of multiple

29  M.P.O.'s.

30         (b)  Each M.P.O. shall be created and operated under

31  the provisions of this section pursuant to an interlocal

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  1  agreement entered into pursuant to s. 163.01.  The signatories

  2  to the interlocal agreement shall be the department and the

  3  governmental entities designated by the Governor for

  4  membership on the M.P.O. If there is a conflict between this

  5  section and s. 163.01, this section prevails.

  6         (c)  In the case of an urbanized area designated as a

  7  nonattainment area for ozone or carbon monoxide under the

  8  Clean Air Act, 42 U.S.C. s. 7401 et seq., the boundaries of

  9  the metropolitan planning area in existence as of the

10  effective date of this act shall be retained, except that the

11  boundaries may be adjusted by agreement of the Governor and

12  affected metropolitan planning organizations in the manner

13  described in this subsection.

14         (c)  The jurisdictional boundaries of an M.P.O. shall

15  be determined by agreement between the Governor and the

16  applicable M.P.O.  The boundaries must include, at a minimum,

17  the metropolitan area and may include the entire metropolitan

18  statistical area or the consolidated metropolitan statistical

19  area.

20         (d)  If more than one M.P.O. has authority within a

21  metropolitan planning area or an area that is designated as a

22  nonattainment area, each M.P.O. shall consult with other

23  M.P.O.'s designated for such area and with the state in the

24  coordination of plans and programs required by this section.

25

26  Each M.P.O. required under this section must be fully

27  operative no later than 6 months following its designation.

28         (2)  VOTING MEMBERSHIP.--

29         (a)  The voting membership of an M.P.O. shall consist

30  of not fewer than 5 or more than 19 apportioned members, the

31  exact number to be determined on an equitable

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  1  geographic-population ratio basis by the Governor, based on an

  2  agreement among the affected units of general-purpose local

  3  government as required by federal rules and regulations. The

  4  Governor, in accordance with 23 U.S.C. s. 134, as amended by

  5  the Intermodal Surface Transportation Efficiency Act of 1991,

  6  may also provide for M.P.O. members who represent

  7  municipalities to alternate with representatives from other

  8  municipalities within the metropolitan planning designated

  9  urban area that do not have members on the M.P.O. County

10  commission members shall compose not less than one-third of

11  the M.P.O. membership, except for an M.P.O. with more than 15

12  members located in a county with a five-member county

13  commission or an M.P.O. with 19 members located in a county

14  with no more than 6 county commissioners, in which case county

15  commission members may compose less than one-third percent of

16  the M.P.O. membership, but all county commissioners must be

17  members. All voting members shall be elected officials of

18  general-purpose governments, except that an M.P.O. may

19  include, as part of its apportioned voting members, a member

20  of a statutorily authorized planning board or an official of

21  an agency that operates or administers a major mode of

22  transportation.  In metropolitan areas in which authorities or

23  other agencies have been, or may be, created by law to perform

24  transportation functions that are not under the jurisdiction

25  of a general-purpose local government represented on the

26  M.P.O., they shall be provided voting membership on the M.P.O.

27  The county commission shall compose not less than 20 percent

28  of the M.P.O. membership if an official of an agency that

29  operates or administers a major mode of transportation has

30  been appointed to an M.P.O.

31

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  1         (b)  In metropolitan planning areas in which

  2  authorities or other agencies have been, or may be, created by

  3  law to perform transportation functions that are not under the

  4  jurisdiction of a general-purpose local government represented

  5  on the M.P.O., they shall be provided voting membership on the

  6  M.P.O. In metropolitan planning areas where transportation

  7  authorities or agencies are to be represented by elected

  8  officials from general-purpose local government, the M.P.O.

  9  may designate one or more of its members to express and convey

10  the collective interests of such authorities or other

11  agencies.

12         (c)(b)  Any other provision of this section to the

13  contrary notwithstanding, any county chartered under s. 6(e),

14  Art. VIII of the State Constitution may elect to have its

15  county commission serve as the M.P.O., if the M.P.O.

16  jurisdiction is wholly contained within the county.  Any

17  charter county that elects to exercise the provisions of this

18  paragraph shall so notify the Governor in writing.  Upon

19  receipt of such notification, the Governor must designate the

20  county commission as the M.P.O.  The Governor must appoint

21  four additional voting members to the M.P.O., one of whom must

22  be an elected official representing a municipality within the

23  county, one of whom must be an expressway authority member,

24  one of whom must be a person who does not hold elected public

25  office and who resides in the unincorporated portion of the

26  county, and one of whom must be a school board member.

27         (d)  An M.P.O. may submit to the Governor for

28  consideration and approval a membership apportionment plan

29  that does not comply with the requirements of paragraphs (a),

30  (b), and (c). This plan may be approved by the Governor, if

31  the M.P.O. demonstrates that such a membership apportionment

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  1  plan is needed to fulfill specific goals and policies

  2  applicable to that metropolitan planning area. However, such a

  3  membership apportionment plan, at a minimum, must comply with

  4  all federal requirements pertaining to M.P.O. membership.

  5         (3)  APPORTIONMENT.--

  6         (a)  The Governor shall, with the agreement of the

  7  affected units of general-purpose local government as required

  8  by federal rules and regulations, apportion the membership on

  9  the applicable M.P.O. among the various governmental entities

10  within the area and shall prescribe a method for appointing

11  alternate members who may vote at any M.P.O. meeting that an

12  alternate member attends in place of a regular member.  An

13  appointed alternate member must be an elected official serving

14  the same governmental entity or a general-purpose local

15  government with jurisdiction within all or part of the area

16  that the regular member serves.  The governmental entity so

17  designated shall appoint the appropriate number of members to

18  the M.P.O. from eligible officials.  Representatives of the

19  department shall serve as nonvoting members of the M.P.O.

20  Nonvoting advisers may be appointed by the M.P.O. as deemed

21  necessary.  The Governor shall review the composition of the

22  M.P.O. membership at least every 5 years and reapportion it as

23  necessary to comply with subsection (2).

24         (b)  Except for members who represent municipalities on

25  the basis of alternating with representatives from other

26  municipalities that do not have members on the M.P.O. as

27  provided in paragraph (2)(a), the members of an M.P.O. shall

28  serve 4-year terms. Members who represent municipalities on

29  the basis of alternating with representatives from other

30  municipalities that do not have members on the M.P.O. as

31  provided in paragraph (2)(a) may serve terms of up to 4 years

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  1  as further provided in the interlocal agreement described in

  2  paragraph (1)(b). The membership of a member who is a public

  3  official automatically terminates upon the member's leaving

  4  his or her elective or appointive office for any reason, or

  5  may be terminated by a majority vote of the total membership

  6  of a county or city governing entity represented by the

  7  member.  A vacancy shall be filled by the original appointing

  8  entity.  A member may be reappointed for one or more

  9  additional 4-year terms.

10         (c)  If a governmental entity fails to fill an assigned

11  appointment to an M.P.O. within 60 days after notification by

12  the Governor of its duty to appoint, that appointment shall be

13  made by the Governor from the eligible representatives of that

14  governmental entity.

15         (4)  AUTHORITY AND RESPONSIBILITY.--The authority and

16  responsibility of an M.P.O. is to manage a continuing,

17  cooperative, and comprehensive transportation planning process

18  that results in the development of plans and programs which

19  are consistent, to the maximum extent feasible, with the

20  approved local government comprehensive plans of the units of

21  local government the boundaries of which are within the

22  metropolitan planning area of the M.P.O.  An M.P.O. shall be

23  the forum for cooperative decisionmaking by officials of the

24  affected governmental entities in the development of the plans

25  and programs required by subsections (5), (6), (7), and (8).

26         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

27  privileges, and authority of an M.P.O. are those specified in

28  this section or incorporated in an interlocal agreement

29  authorized under s. 163.01.  Each M.P.O. shall perform all

30  acts required by federal or state laws or rules, now and

31  subsequently applicable, which are necessary to qualify for

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  1  federal aid. It is the intent of this section that each M.P.O.

  2  shall be involved in the planning and programming of

  3  transportation facilities, including, but not limited to,

  4  airports, intercity and high-speed rail lines, seaports, and

  5  intermodal facilities, to the extent permitted by state or

  6  federal law.

  7         (a)  Each M.P.O. shall, in cooperation with the

  8  department, develop:

  9         1.  A long-range transportation plan pursuant to the

10  requirements of subsection (6);

11         2.  An annually updated transportation improvement

12  program pursuant to the requirements of subsection (7); and

13         3.  An annual unified planning work program pursuant to

14  the requirements of subsection (8).

15         (b)  In developing the long-range transportation plan

16  and the transportation improvement program required under

17  paragraph (a), each M.P.O. must, at a minimum, consider the

18  planning factors established pursuant to federal law and

19  regulations, as well as applicable state, regional, and local

20  government planning processes.:

21         1.  The preservation of existing transportation

22  facilities and, where practical, ways to meet transportation

23  needs by using existing facilities more efficiently;

24         2.  The consistency of transportation planning with

25  applicable federal, state, and local energy conservation

26  programs, goals, and objectives;

27         3.  The need to relieve congestion and prevent

28  congestion from occurring where it does not yet occur;

29         4.  The likely effect of transportation policy

30  decisions on land use and development and the consistency of

31

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  1  transportation plans and programs with all applicable

  2  short-term and long-term land use and development plans;

  3         5.  The programming of transportation enhancement

  4  activities as required by federal law;

  5         6.  The effect of all transportation projects to be

  6  undertaken in the metropolitan area, without regard to whether

  7  such projects are publicly funded;

  8         7.  The provision of access to seaports, airports,

  9  intermodal transportation facilities, major freight

10  distribution routes, national and state parks, recreation

11  areas, monuments and historic sites, and military

12  installations;

13         8.  The need for roads within the metropolitan area to

14  efficiently connect with roads outside the metropolitan area;

15         9.  The transportation needs identified through the use

16  of transportation management systems required by federal or

17  state law;

18         10.  The preservation of rights-of-way for construction

19  of future transportation projects, including the

20  identification of unused rights-of-way that may be needed for

21  future transportation corridors and the identification of

22  corridors for which action is most needed to prevent

23  destruction or loss;

24         11.  Any available methods to enhance the efficient

25  movement of freight;

26         12.  The use of life-cycle costs in the design and

27  engineering of bridges, tunnels, or pavement;

28         13.  The overall social, economic, energy, and

29  environmental effects of transportation decisions;

30         14.  Any available methods to expand or enhance transit

31  services and increase the use of such services; and

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  1         15.  The possible allocation of capital investments to

  2  increase security for transit systems.

  3         (c)  In order to provide recommendations to the

  4  department and local governmental entities regarding

  5  transportation plans and programs, each M.P.O. shall:

  6         1.  Prepare a congestion management system for the

  7  metropolitan planning area and cooperate with the department

  8  in the development of all other transportation management

  9  systems required by state or federal law;

10         2.  Assist the department in mapping transportation

11  planning boundaries required by state or federal law;

12         3.  Assist the department in performing its duties

13  relating to access management, functional classification of

14  roads, and data collection;

15         4.  Execute all agreements or certifications necessary

16  to comply with applicable state or federal law;

17         5.  Represent all the jurisdictional areas within the

18  metropolitan planning area in the formulation of

19  transportation plans and programs required by this section;

20  and

21         6.  Perform all other duties required by state or

22  federal law.

23         (d)  Each M.P.O. shall appoint a technical advisory

24  committee that includes planners; engineers; representatives

25  of local aviation authorities, port authorities, and public

26  transit authorities or representatives of aviation

27  departments, seaport departments, and public transit

28  departments of municipal or county governments, as applicable;

29  the school superintendent of each county within the

30  jurisdiction of the M.P.O. or the superintendent's designee;

31  and other appropriate representatives of affected local

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  1  governments. In addition to any other duties assigned to it by

  2  the M.P.O. or by state or federal law, the technical advisory

  3  committee is responsible for identifying projects contained in

  4  the long-range plan or transportation improvement program

  5  which deserve to be classified as a school safety concern.

  6  Upon receipt of the recommendation from the technical advisory

  7  committee that a project should be so classified, the M.P.O.

  8  must vote on whether to classify a particular project as a

  9  school safety concern.  If the M.P.O. votes that a project

10  should be classified as a school safety concern, the local

11  governmental entity responsible for the project must consider

12  at least two alternatives before making a decision about

13  project location or alignment.

14         (e)1.  Each M.P.O. shall appoint a citizens' advisory

15  committee, the members of which serve at the pleasure of the

16  M.P.O. The membership on the citizens' advisory committee must

17  reflect a broad cross section of local residents with an

18  interest in the development of an efficient, safe, and

19  cost-effective transportation system. Minorities, the elderly,

20  and the handicapped must be adequately represented.

21         2.  Notwithstanding the provisions of subparagraph 1.,

22  an M.P.O. may, with the approval of the department and the

23  applicable federal governmental agency, adopt an alternative

24  program or mechanism to ensure citizen involvement in the

25  transportation planning process.

26         (f)  The department shall allocate to each M.P.O., for

27  the purpose of accomplishing its transportation planning and

28  programming duties, an appropriate amount of federal

29  transportation planning funds.

30         (g)  Each M.P.O. may employ personnel or may enter into

31  contracts with local or state agencies, private planning

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  1  firms, or private engineering firms to accomplish its

  2  transportation planning and programming duties required by

  3  state or federal law.

  4         (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must

  5  develop a long-range transportation plan that addresses at

  6  least a 20-year planning horizon. The plan must include both

  7  long-range and short-range strategies and must comply with all

  8  other state and federal requirements. The long-range

  9  transportation plan must be consistent, to the maximum extent

10  feasible, with future land use elements and the goals,

11  objectives, and policies of the approved local government

12  comprehensive plans of the units of local government located

13  within the jurisdiction of the M.P.O. The approved long-range

14  transportation plan must be considered by local governments in

15  the development of the transportation elements in local

16  government comprehensive plans and any amendments thereto. The

17  long-range transportation plan must, at a minimum:

18         (a)  Identify transportation facilities, including, but

19  not limited to, major roadways, airports, seaports, commuter

20  rail systems, transit systems, and intermodal or multimodal

21  terminals that will function as an integrated metropolitan

22  transportation system.  The long-range transportation plan

23  must give emphasis to those transportation facilities that

24  serve national, statewide, or regional functions, and must

25  consider the goals and objectives identified in the Florida

26  Transportation Plan as provided in s. 339.155. If a project is

27  located within the boundaries of more than one M.P.O., the

28  metropolitan planning organizations shall coordinate plans

29  regarding the project in the long-range transportation plan.

30         (b)  Include a financial plan that demonstrates how the

31  plan can be implemented, indicating resources from public and

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  1  private sources which are reasonably expected to be available

  2  to carry out the plan, and recommends any additional financing

  3  strategies for needed projects and programs. The financial

  4  plan may include, for illustrative purposes, additional

  5  projects that would be included in the adopted long-range

  6  transportation plan if reasonable additional resources beyond

  7  those identified in the financial plan were available. For the

  8  purpose of developing the long-range transportation plan, the

  9  metropolitan planning organization and the department shall

10  cooperatively develop estimates of revenues that will be

11  available to support plan implementation. Innovative financing

12  techniques that may be used to fund needed projects and

13  programs.  Such techniques may include the assessment of

14  tolls, the use of value capture financing, or the use of value

15  congestion pricing.

16         (c)  Assess capital investment and other measures

17  necessary to:

18         1.  Ensure the preservation of the existing

19  metropolitan transportation system including requirements for

20  the operation, resurfacing, restoration, and rehabilitation of

21  major roadways and requirements for the operation,

22  maintenance, modernization, and rehabilitation of public

23  transportation facilities; and

24         2.  Make the most efficient use of existing

25  transportation facilities to relieve vehicular congestion and

26  maximize the mobility of people and goods.

27         (d)  Indicate, as appropriate, proposed transportation

28  enhancement activities, including, but not limited to,

29  pedestrian and bicycle facilities, scenic easements,

30  landscaping, historic preservation, mitigation of water

31

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  1  pollution due to highway runoff, and control of outdoor

  2  advertising.

  3         (e)  In addition to the requirements of paragraphs

  4  (a)-(d), in metropolitan areas that are classified as

  5  nonattainment areas for ozone or carbon monoxide, the M.P.O.

  6  must coordinate the development of the long-range

  7  transportation plan with the State Implementation Plan

  8  developed pursuant to the requirements of the federal Clean

  9  Air Act.

10

11  In the development of its long-range transportation plan, each

12  M.P.O. must provide citizens, affected public agencies,

13  representatives of transportation agency employees, freight

14  shippers, providers of freight transportation services,

15  private providers of transportation, representatives of users

16  of public transit, and other interested parties, and members

17  of the general public with a reasonable opportunity to comment

18  on the long-range transportation plan. The long-range

19  transportation plan must be approved by the M.P.O.

20         (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.

21  shall, in cooperation with the state and affected public

22  transportation operators, develop a transportation improvement

23  program for the area within the jurisdiction of the M.P.O.  In

24  the development of the transportation improvement program,

25  each M.P.O. must provide the general public, affected public

26  transit agencies, representatives of transportation agency

27  employees, freight shippers, providers of freight

28  transportation services, private providers of transportation,

29  representatives of users of public transit, and other

30  interested parties, and members of the general public with a

31

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  1  reasonable opportunity to comment on the proposed

  2  transportation improvement program.

  3         (a)  Each M.P.O. is responsible for developing,

  4  annually, a list of project priorities and a transportation

  5  improvement program. The transportation improvement program

  6  will be used to initiate state and federally aided

  7  transportation facilities and improvements as well as other

  8  transportation facilities and improvements including transit,

  9  rail, aviation, and port facilities to be funded from the

10  State Transportation Trust Fund within its metropolitan

11  planning area in accordance with existing and subsequent

12  federal and state laws and rules and regulations related

13  thereto.  The transportation improvement program shall be

14  consistent, to the maximum extent feasible, with the approved

15  local government comprehensive plans of the units of local

16  government whose boundaries are within the metropolitan

17  planning area of the M.P.O.

18         (b)  Each M.P.O. annually shall prepare a list of

19  project priorities and shall submit the list to the

20  appropriate district of the department by October 1 of each

21  year; however, the department and a metropolitan planning

22  organization may, in writing, agree to vary this submittal

23  date. The list of project priorities must be formally reviewed

24  by the technical and citizens' advisory committees, and

25  approved by the M.P.O., before it is transmitted to the

26  district. The approved list of project priorities shall

27  provide for the consideration of all modes of transportation,

28  including, but not limited to, projects identified pursuant to

29  s. 341.053, the Intermodal Development Program. The list is to

30  must be used by the district in developing the district work

31  program and must be used by the M.P.O. in developing its

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  1  transportation improvement program. The annual list of project

  2  priorities must be based upon project selection criteria that,

  3  at a minimum, consider the following:

  4         1.  The approved M.P.O. long-range plan;

  5         2.  The results of the transportation management

  6  systems; and

  7         3.  The M.P.O.'s public-involvement procedures.

  8         (c)  The transportation improvement program must, at a

  9  minimum:

10         1.  Include projects and project phases to be funded

11  with state or federal funds within the time period of the

12  transportation improvement program and which are recommended

13  for advancement during the next fiscal year and 4 subsequent

14  fiscal years.  Such projects and project phases must be

15  consistent, to the maximum extent feasible, with the approved

16  local government comprehensive plans of the units of local

17  government located within the jurisdiction of the M.P.O.  For

18  informational purposes, the transportation improvement program

19  shall also include a list of projects to be funded from local

20  or private revenues.

21         2.  Include projects within the metropolitan planning

22  area which are proposed for funding under 23 U.S.C. s. 134 of

23  the Federal Transit Act and which are consistent with the

24  long-range transportation plan developed under subsection (6).

25         3.  Provide a financial plan that demonstrates how the

26  transportation improvement program can be implemented;

27  indicates the resources, both public and private, that are

28  reasonably expected to be available to accomplish the program;

29  and identifies recommends any innovative financing techniques

30  that may be used to fund needed projects and programs. The

31  financial plan may include, for illustrative purposes,

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  1  additional projects that would be included in the approved

  2  transportation improvement program if reasonable additional

  3  resources beyond those identified in the financial plan were

  4  available. Innovative financing Such techniques may include

  5  the assessment of tolls, the use of value capture financing,

  6  or the use of value congestion pricing.  The transportation

  7  improvement program may include a project or project phase

  8  only if full funding can reasonably be anticipated to be

  9  available for the project or project phase within the time

10  period contemplated for completion of the project or project

11  phase.

12         4.  Group projects and project phases of similar

13  urgency and anticipated staging into appropriate staging

14  periods.

15         5.  Indicate how the transportation improvement program

16  relates to the long-range transportation plan developed under

17  subsection (6), including providing examples of specific

18  projects or project phases that further the goals and policies

19  of the long-range transportation plan.

20         6.  Indicate whether any project or project phase is

21  inconsistent with an approved comprehensive plan of a unit of

22  local government located within the jurisdiction of the M.P.O.

23  If a project is inconsistent with an affected comprehensive

24  plan, the M.P.O. must provide justification for including the

25  project in the transportation improvement program.

26         7.  Indicate how the improvements are consistent, to

27  the maximum extent feasible, with affected seaport and airport

28  master plans and with public transit development plans of the

29  units of local government located within the jurisdiction of

30  the M.P.O. If a project is located within the boundaries of

31  more than one M.P.O., the metropolitan planning organizations

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  1  shall coordinate plans regarding the project in the

  2  transportation improvement program.

  3         (d)  Projects included in the transportation

  4  improvement program and that have advanced to the design stage

  5  of preliminary engineering may be removed from or rescheduled

  6  in a subsequent transportation improvement program only by the

  7  joint action of the M.P.O. and the department. Except when

  8  recommended in writing by the district secretary for good

  9  cause, any project removed from or rescheduled in a subsequent

10  transportation improvement program shall not be rescheduled by

11  the M.P.O. in that subsequent program earlier than the 5th

12  year of such program.

13         (e)  Prior to adopting the transportation improvement

14  program, the M.P.O. shall, in cooperation with the department

15  and any affected public transit operation, provide the general

16  public, affected public agencies, representatives of

17  transportation agency employees, freight shippers, providers

18  of freight transportation services, private providers of

19  transportation, representatives of users of public transit,

20  and other interested parties with reasonable notice of and an

21  opportunity to comment on the proposed program.

22         (f)(e)  The adopted annual transportation improvement

23  program for M.P.O.'s in nonattainment or maintenance areas

24  must be submitted to the district secretary and the Department

25  of Community Affairs at least 90 days before the submission of

26  the state transportation improvement program by the department

27  to the appropriate federal agencies. The annual transportation

28  improvement program for M.P.O.'s in attainment areas must be

29  submitted to the district secretary and the Department of

30  Community Affairs at least 45 days before the department

31  submits the state transportation improvement program to the

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  1  appropriate federal agencies; however, the department, the

  2  Department of Community Affairs, and a metropolitan planning

  3  organization may, in writing, agree to vary this submittal

  4  date.  The M.P.O. and the Governor or the Governor's designee

  5  shall review and approve each transportation improvement

  6  program and any amendments thereto.

  7         (g)(f)  The Department of Community Affairs shall

  8  review the annual transportation improvement program of each

  9  M.P.O. for consistency with the approved local government

10  comprehensive plans of the units of local government whose

11  boundaries are within the metropolitan planning area of each

12  M.P.O. and shall identify those projects that are inconsistent

13  with such comprehensive plans. The Department of Community

14  Affairs shall notify an M.P.O. of any transportation projects

15  contained in its transportation improvement program which are

16  inconsistent with the approved local government comprehensive

17  plans of the units of local government whose boundaries are

18  within the metropolitan planning area of the M.P.O.

19         (h)  The M.P.O. shall annually publish or otherwise

20  make available for public review the annual listing of

21  projects for which federal funds have been obligated in the

22  preceding year. Project monitoring systems shall be maintained

23  by those agencies responsible for obligating federal funds,

24  and made accessible to the M.P.O.'s.

25         (8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall

26  develop, in cooperation with the department and public

27  transportation providers, a unified planning work program that

28  lists all planning tasks to be undertaken during the program

29  year. The unified planning work program must provide a

30  complete description of each planning task and an estimated

31

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  1  budget therefor and must comply with applicable state and

  2  federal law.

  3         (9)  AGREEMENTS.--

  4         (a)  Each M.P.O. shall execute the following written

  5  agreements, which shall be reviewed, and updated as necessary,

  6  every 5 years:

  7         1.  An agreement with the department clearly

  8  establishing the cooperative relationship essential to

  9  accomplish the transportation planning requirements of state

10  and federal law.

11         2.  An agreement with the metropolitan and regional

12  intergovernmental coordination and review agencies serving the

13  metropolitan areas, specifying the means by which activities

14  will be coordinated and how transportation planning and

15  programming will be part of the comprehensive planned

16  development of the area.

17         3.  An agreement with operators of public

18  transportation systems, including transit systems, commuter

19  rail systems, airports, and seaports, describing the means by

20  which activities will be coordinated and specifying how public

21  transit, commuter rail, aviation, and seaport planning and

22  programming will be part of the comprehensive planned

23  development of the metropolitan planning area.

24         (b)  An M.P.O. may execute other agreements required by

25  state or federal law or as necessary to properly accomplish

26  its functions.

27         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

28  COUNCIL.--

29         (a)  A Metropolitan Planning Organization Advisory

30  Council is created to augment, and not supplant, the role of

31

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  1  the individual M.P.O.'s in the cooperative transportation

  2  planning process described in s. 339.155(5).

  3         (b)  The council shall consist of one representative

  4  from each M.P.O. and shall elect a chairperson annually from

  5  its number.  Each M.P.O. shall also elect an alternate

  6  representative from each M.P.O. to vote in the absence of the

  7  representative. Members of the council do not receive any

  8  compensation for their services, but may be reimbursed from

  9  funds made available to council members for travel and per

10  diem expenses incurred in the performance of their council

11  duties as provided in s. 112.061.

12         (c)  The powers and duties of the Metropolitan Planning

13  Organization Advisory Council are to:

14         1.  Enter into contracts with individuals, private

15  corporations, and public agencies.

16         2.  Acquire, own, operate, maintain, sell, or lease

17  personal property essential for the conduct of business.

18         3.  Accept funds, grants, assistance, gifts, or

19  bequests from private, local, state, or federal sources.

20         4.  Establish bylaws and adopt rules pursuant to ss.

21  120.536(1) and 120.54 to implement provisions of law

22  conferring powers or duties upon it.

23         5.  Assist M.P.O.'s in carrying out the urbanized area

24  transportation planning process by serving as the principal

25  forum for collective policy discussion pursuant to law.

26         6.  Serve as a clearinghouse for review and comment by

27  M.P.O.'s on the Florida Transportation Plan and on other

28  issues required to comply with federal or state law in

29  carrying out the urbanized area transportation and systematic

30  planning processes instituted pursuant to s. 339.155.

31

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  1         7.  Employ an executive director and such other staff

  2  as necessary to perform adequately the functions of the

  3  council, within budgetary limitations. The executive director

  4  and staff are exempt from part II of chapter 110 and serve at

  5  the direction and control of the council.  The council is

  6  assigned to the Office of the Secretary of the Department of

  7  Transportation or for fiscal and accountability purposes, but

  8  it shall otherwise function independently of the control and

  9  direction of the department.

10         8.  Adopt an agency strategic plan that provides the

11  priority directions the agency will take to carry out its

12  mission within the context of the state comprehensive plan and

13  any other statutory mandates and directions given to the

14  agency.

15         (11)  APPLICATION OF FEDERAL LAW.--Upon notification by

16  an agency of the Federal Government that any provision of this

17  section conflicts with federal laws or regulations, such

18  federal laws or regulations will take precedence to the extent

19  of the conflict until such conflict is resolved.  The

20  department or an M.P.O. may take any necessary action to

21  comply with such federal laws and regulations or to continue

22  to remain eligible to receive federal funds.

23         Section 2.  Section 341.053, Florida Statutes, is

24  amended to read:

25         341.053  Intermodal Development Program;

26  administration; eligible projects; limitations.--

27         (1)  There is created within the Department of

28  Transportation an Intermodal Development Program to provide

29  for major capital investments in fixed-guideway transportation

30  systems, access to seaports, airports and other transportation

31  terminals, providing for the construction of intermodal or

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  1  multimodal terminals; and to otherwise facilitate the

  2  intermodal or multimodal movement of people and goods.

  3         (2)  The Intermodal Development Program shall be

  4  administered by the Department of Transportation in

  5  cooperation with metropolitan planning organizations and other

  6  units of special purpose and general-purpose local

  7  governments.

  8         (3)  The department shall review funding requests from

  9  a rail authority created pursuant to chapter 343.  The

10  department may include projects of the authorities, including

11  planning and design, in the tentative work program.

12         (3)(4)  No single transportation authority operating a

13  fixed-guideway transportation system, or single fixed-guideway

14  transportation system not administered by a transportation

15  authority, receiving funds under the Intermodal Development

16  Program shall receive more than 33 1/3  percent of the total

17  intermodal development funds appropriated between July 1,

18  1990, and June 30, 2015.  In determining the distribution of

19  funds under the Intermodal Development Program in any fiscal

20  year, the department shall assume that future appropriation

21  levels will be equal to the current appropriation level.

22         (4)(5)  The department is authorized to fund projects

23  within the Intermodal Development Program, which are

24  consistent, to the maximum extent feasible, with approved

25  local government comprehensive plans of the units of local

26  government in which the project is located.  Projects that are

27  eligible for funding under this program include major capital

28  investments in public rail and fixed-guideway transportation

29  facilities and systems which provide intermodal access and

30  which, if approved after July 1, 1991, have complied with the

31  requirement of the department's major capital investment

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  1  policy as adopted by agency rule; road, rail, or

  2  fixed-guideway access to, from, or between seaports, airports,

  3  and other transportation terminals; construction of intermodal

  4  or multimodal terminals; development and construction of

  5  dedicated bus lanes; and projects which otherwise facilitate

  6  the intermodal or multimodal movement of people and goods.

  7         (5)  In urbanized areas of the state, the metropolitan

  8  planning organization shall be the responsible agency for the

  9  submittal to the department of intermodal access project

10  funding requests, including funding requests from rail

11  authorities created pursuant to chapter 343. The M.P.O.'s

12  submittal of intermodal access project funding requests and

13  requests from rail authorities shall be contained in the

14  M.P.O.'s list of project priorities submitted to the

15  department annually pursuant to s. 339.175(7)(b). In order for

16  a project to be eligible for state or federal funding, the

17  metropolitan planning organization must demonstrate that the

18  project for which funding is being requested is contained

19  within the approved M.P.O. long-range transportation plan and

20  transportation improvement program.

21         Section 3.  Paragraph (b) of subsection (4) of section

22  320.20, Florida Statutes, is amended to read:

23         320.20  Disposition of license tax moneys.--The revenue

24  derived from the registration of motor vehicles, including any

25  delinquent fees and excluding those revenues collected and

26  distributed under the provisions of s. 320.081, must be

27  distributed monthly, as collected, as follows:

28         (4)  Notwithstanding any other provision of law except

29  subsections (1), (2), and (3), on July 1, 2001, and annually

30  thereafter, $10 million shall be deposited in the State

31  Transportation Trust Fund solely for the purposes of funding

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  1  the Florida Seaport Transportation and Economic Development

  2  Program as provided in chapter 311 and for funding seaport

  3  intermodal access projects of statewide significance as

  4  provided in s. 341.053. Such revenues shall be distributed to

  5  any port listed in s. 311.09(1), to be used for funding

  6  projects as follows:

  7         (b)  For seaport intermodal access projects as

  8  described in s. 341.053(4)(5) that are identified in the

  9  5-year Florida Seaport Mission Plan as provided in s.

10  311.09(3). Funding for such projects shall be on a matching

11  basis as mutually determined by the Florida Seaport

12  Transportation and Economic Development Council and the

13  Department of Transportation, provided a minimum of 25 percent

14  of total project funds shall come from any port funds, local

15  funds, private funds, or specifically earmarked federal funds;

16  or

17

18  Such revenues may be assigned, pledged, or set aside as a

19  trust for the payment of principal or interest on bonds, tax

20  anticipation certificates, or any other form of indebtedness

21  issued by an individual port or appropriate local government

22  having jurisdiction thereof, or collectively by interlocal

23  agreement among any of the ports, or used to purchase credit

24  support to permit such borrowings. However, such debt shall

25  not constitute a general obligation of the state. This state

26  does hereby covenant with holders of such revenue bonds or

27  other instruments of indebtedness issued hereunder that it

28  will not repeal or impair or amend this subsection in any

29  manner which will materially and adversely affect the rights

30  of holders so long as bonds authorized by this subsection are

31  outstanding. Any revenues that are not pledged to the

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  1  repayment of bonds as authorized by this section may be

  2  utilized for purposes authorized under the Florida Seaport

  3  Transportation and Economic Development Program. This revenue

  4  source is in addition to any amounts provided for and

  5  appropriated in accordance with s. 311.07 and subsection (3).

  6  The Florida Seaport Transportation and Economic Development

  7  Council shall approve distribution of funds to ports for

  8  projects that have been approved pursuant to s. 311.09(5)-(9),

  9  or for seaport intermodal access projects identified in the

10  5-year Florida Seaport Mission Plan as provided in s.

11  311.09(3) and mutually agreed upon by the FSTED Council and

12  the Department of Transportation.  All contracts for actual

13  construction of projects authorized by this subsection must

14  include a provision encouraging employment of WAGES

15  participants.  The goal for employment of WAGES participants

16  is 25 percent of all new employees employed specifically for

17  the project, unless the Department of Transportation and the

18  Florida Seaport Transportation and Economic Development

19  Council can demonstrate to the satisfaction of the Secretary

20  of Labor and Employment Security that such a requirement would

21  severely hamper the successful completion of the project. In

22  such an instance, the Secretary of Labor and Employment

23  Security shall establish an appropriate percentage of

24  employees that must be WAGES participants. The council and the

25  Department of Transportation are authorized to perform such

26  acts as are required to facilitate and implement the

27  provisions of this subsection. To better enable the ports to

28  cooperate to their mutual advantage, the governing body of

29  each port may exercise powers provided to municipalities or

30  counties in s. 163.01(7)(d) subject to the provisions of

31  chapter 311 and special acts, if any, pertaining to a port.

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  1  The use of funds provided pursuant to this subsection is

  2  limited to eligible projects listed in this subsection. The

  3  provisions of s. 311.07(4) do not apply to any funds received

  4  pursuant to this subsection.

  5         Section 4.  This act shall take effect upon becoming a

  6  law.

  7

  8            *****************************************

  9                          HOUSE SUMMARY

10
      Revises provisions relating to legislative intent
11    regarding, and purposes of, metropolitan planning
      organizations (M.P.O.'s). Revises provisions relating to
12    the jurisdictional boundary of an M.P.O., designation of
      multiple M.P.O.'s within an area, and the voting
13    membership of an M.P.O. Deletes duties of the technical
      advisory committees relating to identification of school
14    safety concerns. Revises requirements with respect to the
      long-range transportation plan and the annual
15    transportation improvement program and development
      thereof. Requires an M.P.O. to make certain information
16    available for public review.

17
      Provides that the Intermodal Development Program shall be
18    administered by the Department of Transportation in
      cooperation with M.P.O.'s and local governments. Provides
19    that an M.P.O., rather than the department, shall review
      funding requests from rail authorities. Provides that an
20    M.P.O. shall be responsible for submitting intermodal
      access project funding requests to the department in
21    urbanized areas.

22

23

24

25

26

27

28

29

30

31

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