Senate Bill 1920

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    Florida Senate - 1999                                  SB 1920

    By Senator Sebesta





    20-1416A-99                                             See HB

  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; providing that the

  7         jurisdictional boundary of such an organization

  8         is the metropolitan planning area and providing

  9         requirements with respect thereto; revising

10         provisions relating to designation of multiple

11         organizations within an area; revising

12         provisions relating to the voting membership of

13         an organization; authorizing approval of

14         noncomplying membership apportionment plans;

15         revising the elements to be considered in the

16         development of long-range transportation plans

17         and transportation improvement programs;

18         deleting duties of the technical advisory

19         committees relating to identification of school

20         safety concerns; revising requirements with

21         respect to the long-range transportation plan

22         and the annual transportation improvement

23         program and development thereof; requiring a

24         metropolitan planning organization to make

25         certain information available for public

26         review; deleting a requirement that the

27         Metropolitan Planning Organization Advisory

28         Council's rules be adopted pursuant to ch. 120,

29         F.S.; clarifying and conforming provisions;

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

31         Intermodal Development Program shall be

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1         administered by the Department of

  2         Transportation in cooperation with metropolitan

  3         planning organizations and local governments;

  4         providing that such an organization, rather

  5         than the department, shall review funding

  6         requests from rail authorities; providing that

  7         such organizations are responsible for

  8         submitting intermodal access project funding

  9         requests to the department in urbanized areas

10         and providing requirements with respect

11         thereto; amending s. 320.20, F.S.; conforming a

12         reference; providing an effective date.

13

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

15

16         Section 1.  Section 339.175, Florida Statutes, 1998

17  Supplement, is amended to read:

18         339.175  Metropolitan planning organization.--It is the

19  intent of the Legislature to encourage and promote the safe

20  and efficient management, operation, and development of

21  transportation systems embracing various modes of

22  transportation in a manner that will serve maximize the

23  mobility needs of people and freight goods within and through

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

25  extent feasible, and together with applicable regulatory

26  government agencies, transportation-related fuel consumption

27  and air pollution.  To accomplish these objectives,

28  metropolitan planning organizations, referred to in this

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

30  state and public transit operators, transportation plans and

31  programs for metropolitan areas. Such plans and programs must

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1  provide for the development of transportation facilities that

  2  will function as an intermodal transportation system for the

  3  metropolitan area.  The process for developing such plans and

  4  programs shall provide for consideration of all modes of

  5  transportation and shall be continuing, cooperative, and

  6  comprehensive, to the degree appropriate, based on the

  7  complexity of the transportation problems to be addressed.

  8         (1)  DESIGNATION.--

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

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

11  agreement between the Governor and units of general-purpose

12  local government representing at least 75 percent of the

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

14  general-purpose local government that represents the central

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

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

17  such agreement.

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

19  metropolitan planning area, which is determined by agreement

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

21  metropolitan planning area shall encompass at least the

22  existing urbanized area and the contiguous urbanized area

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

24  and may encompass the entire metropolitan statistical area or

25  consolidated metropolitan statistical area, as defined by the

26  United States Bureau of the Census.

27         3.2.  More than one M.P.O. may be designated within an

28  existing metropolitan planning area urbanized area only if the

29  Governor and the existing metropolitan planning organization

30  determine determines that the size and complexity of the

31  existing metropolitan planning area make designation of more

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1  than one metropolitan planning organization for the area

  2  appropriate area justifies the designation of multiple

  3  M.P.O.'s.

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

  5  the provisions of this section pursuant to an interlocal

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

  7  to the interlocal agreement shall be the department and the

  8  governmental entities designated by the Governor for

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

10  section and s. 163.01, this section prevails.

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

12  nonattainment area for ozone or carbon monoxide under the

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

14  the metropolitan planning area in existence as of the

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

16  boundaries may be adjusted by agreement of the Governor and

17  affected metropolitan planning organizations in the manner

18  described in this subsection.

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

20  be determined by agreement between the Governor and the

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

22  the metropolitan area and may include the entire metropolitan

23  statistical area or the consolidated metropolitan statistical

24  area.

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

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

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

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

29  coordination of plans and programs required by this section.

30

31

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




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

  2  operative no later than 6 months following its designation.

  3         (2)  VOTING MEMBERSHIP.--

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

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

  6  exact number to be determined on an equitable

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

  8  agreement among the affected units of general-purpose local

  9  government as required by federal rules and regulations. The

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

11  the Intermodal Surface Transportation Efficiency Act of 1991,

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

13  municipalities to alternate with representatives from other

14  municipalities within the metropolitan planning designated

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

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

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

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

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

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

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

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

23  members. All voting members shall be elected officials of

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

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

26  of a statutorily authorized planning board or an official of

27  an agency that operates or administers a major mode of

28  transportation.  In metropolitan areas in which authorities or

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

30  transportation functions that are not under the jurisdiction

31  of a general-purpose local government represented on the

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




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

  2  The county commission shall compose not less than 20 percent

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

  4  operates or administers a major mode of transportation has

  5  been appointed to an M.P.O.

  6         (b)  In metropolitan planning areas in which

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

  8  law to perform transportation functions that are not under the

  9  jurisdiction of a general-purpose local government represented

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

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

12  authorities or agencies are to be represented by elected

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

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

15  the collective interests of such authorities or other

16  agencies.

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

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

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

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

21  jurisdiction is wholly contained within the county.  Any

22  charter county that elects to exercise the provisions of this

23  paragraph shall so notify the Governor in writing.  Upon

24  receipt of such notification, the Governor must designate the

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

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

27  be an elected official representing a municipality within the

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

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

30  office and who resides in the unincorporated portion of the

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

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




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

  2  consideration and approval a membership apportionment plan

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

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

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

  6  plan is needed to fulfill specific goals and policies

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

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

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

10         (3)  APPORTIONMENT.--

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

12  affected units of general-purpose local government as required

13  by federal rules and regulations, apportion the membership on

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

15  within the area and shall prescribe a method for appointing

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

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

18  appointed alternate member must be an elected official serving

19  the same governmental entity or a general-purpose local

20  government with jurisdiction within all or part of the area

21  that the regular member serves.  The governmental entity so

22  designated shall appoint the appropriate number of members to

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

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

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

26  necessary.  The Governor shall review the composition of the

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

28  necessary to comply with subsection (2).

29         (b)  Except for members who represent municipalities on

30  the basis of alternating with representatives from other

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

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




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

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

  3  the basis of alternating with representatives from other

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

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

  6  as further provided in the interlocal agreement described in

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

  8  official automatically terminates upon the member's leaving

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

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

11  of a county or city governing entity represented by the

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

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

14  additional 4-year terms.

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

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

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

18  made by the Governor from the eligible representatives of that

19  governmental entity.

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

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

22  cooperative, and comprehensive transportation planning process

23  that results in the development of plans and programs which

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

25  approved local government comprehensive plans of the units of

26  local government the boundaries of which are within the

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

28  the forum for cooperative decisionmaking by officials of the

29  affected governmental entities in the development of the plans

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

31

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




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

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

  3  this section or incorporated in an interlocal agreement

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

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

  6  subsequently applicable, which are necessary to qualify for

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

  8  shall be involved in the planning and programming of

  9  transportation facilities, including, but not limited to,

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

11  intermodal facilities, to the extent permitted by state or

12  federal law.

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

14  department, develop:

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

16  requirements of subsection (6);

17         2.  An annually updated transportation improvement

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

19         3.  An annual unified planning work program pursuant to

20  the requirements of subsection (8).

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

22  and the transportation improvement program required under

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

24  planning factors established pursuant to federal law and

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

26  government planning processes.:

27         1.  The preservation of existing transportation

28  facilities and, where practical, ways to meet transportation

29  needs by using existing facilities more efficiently;

30

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1         2.  The consistency of transportation planning with

  2  applicable federal, state, and local energy conservation

  3  programs, goals, and objectives;

  4         3.  The need to relieve congestion and prevent

  5  congestion from occurring where it does not yet occur;

  6         4.  The likely effect of transportation policy

  7  decisions on land use and development and the consistency of

  8  transportation plans and programs with all applicable

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

10         5.  The programming of transportation enhancement

11  activities as required by federal law;

12         6.  The effect of all transportation projects to be

13  undertaken in the metropolitan area, without regard to whether

14  such projects are publicly funded;

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

16  intermodal transportation facilities, major freight

17  distribution routes, national and state parks, recreation

18  areas, monuments and historic sites, and military

19  installations;

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

21  efficiently connect with roads outside the metropolitan area;

22         9.  The transportation needs identified through the use

23  of transportation management systems required by federal or

24  state law;

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

26  of future transportation projects, including the

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

28  future transportation corridors and the identification of

29  corridors for which action is most needed to prevent

30  destruction or loss;

31

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1         11.  Any available methods to enhance the efficient

  2  movement of freight;

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

  4  engineering of bridges, tunnels, or pavement;

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

  6  environmental effects of transportation decisions;

  7         14.  Any available methods to expand or enhance transit

  8  services and increase the use of such services; and

  9         15.  The possible allocation of capital investments to

10  increase security for transit systems.

11         (c)  In order to provide recommendations to the

12  department and local governmental entities regarding

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

14         1.  Prepare a congestion management system for the

15  metropolitan planning area and cooperate with the department

16  in the development of all other transportation management

17  systems required by state or federal law;

18         2.  Assist the department in mapping transportation

19  planning boundaries required by state or federal law;

20         3.  Assist the department in performing its duties

21  relating to access management, functional classification of

22  roads, and data collection;

23         4.  Execute all agreements or certifications necessary

24  to comply with applicable state or federal law;

25         5.  Represent all the jurisdictional areas within the

26  metropolitan planning area in the formulation of

27  transportation plans and programs required by this section;

28  and

29         6.  Perform all other duties required by state or

30  federal law.

31

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




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

  2  committee that includes planners; engineers; representatives

  3  of local aviation authorities, port authorities, and public

  4  transit authorities or representatives of aviation

  5  departments, seaport departments, and public transit

  6  departments of municipal or county governments, as applicable;

  7  the school superintendent of each county within the

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

  9  and other appropriate representatives of affected local

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

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

12  committee is responsible for identifying projects contained in

13  the long-range plan or transportation improvement program

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

15  Upon receipt of the recommendation from the technical advisory

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

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

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

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

20  governmental entity responsible for the project must consider

21  at least two alternatives before making a decision about

22  project location or alignment.

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

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

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

26  reflect a broad cross section of local residents with an

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

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

29  and the handicapped must be adequately represented.

30         2.  Notwithstanding the provisions of subparagraph 1.,

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

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1  applicable federal governmental agency, adopt an alternative

  2  program or mechanism to ensure citizen involvement in the

  3  transportation planning process.

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

  5  the purpose of accomplishing its transportation planning and

  6  programming duties, an appropriate amount of federal

  7  transportation planning funds.

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

  9  contracts with local or state agencies, private planning

10  firms, or private engineering firms to accomplish its

11  transportation planning and programming duties required by

12  state or federal law.

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

14  develop a long-range transportation plan that addresses at

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

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

17  other state and federal requirements. The long-range

18  transportation plan must be consistent, to the maximum extent

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

20  objectives, and policies of the approved local government

21  comprehensive plans of the units of local government located

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

23  transportation plan must be considered by local governments in

24  the development of the transportation elements in local

25  government comprehensive plans and any amendments thereto. The

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

27         (a)  Identify transportation facilities, including, but

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

29  rail systems, transit systems, and intermodal or multimodal

30  terminals that will function as an integrated metropolitan

31  transportation system.  The long-range transportation plan

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1  must give emphasis to those transportation facilities that

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

  3  consider the goals and objectives identified in the Florida

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

  5  located within the boundaries of more than one Metropolitan

  6  Planning Organization, those organizations shall coordinate

  7  plans regarding the project in the long-range transportation

  8  plan.

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

10  plan can be implemented, indicating resources from public and

11  private sources which are reasonably expected to be available

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

13  strategies for needed projects and programs. The financial

14  plan may include, for illustrative purposes, additional

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

16  transportation plan if reasonable additional resources beyond

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

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

19  metropolitan planning organization and the department shall

20  cooperatively develop estimates of revenues that will be

21  available to support plan implementation. Innovative financing

22  techniques that may be used to fund needed projects and

23  programs.  Such techniques may include the assessment of

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

25  congestion pricing.

26         (c)  Assess capital investment and other measures

27  necessary to:

28         1.  Ensure the preservation of the existing

29  metropolitan transportation system including requirements for

30  the operation, resurfacing, restoration, and rehabilitation of

31  major roadways and requirements for the operation,

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1  maintenance, modernization, and rehabilitation of public

  2  transportation facilities; and

  3         2.  Make the most efficient use of existing

  4  transportation facilities to relieve vehicular congestion and

  5  maximize the mobility of people and goods.

  6         (d)  Indicate, as appropriate, proposed transportation

  7  enhancement activities, including, but not limited to,

  8  pedestrian and bicycle facilities, scenic easements,

  9  landscaping, historic preservation, mitigation of water

10  pollution due to highway runoff, and control of outdoor

11  advertising.

12         (e)  In addition to the requirements of paragraphs

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

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

15  must coordinate the development of the long-range

16  transportation plan with the State Implementation Plan

17  developed pursuant to the requirements of the federal Clean

18  Air Act.

19

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

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

22  representatives of transportation agency employees, freight

23  shippers, providers of freight transportation services,

24  private providers of transportation, representatives of users

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

26  of the general public with a reasonable opportunity to comment

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

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

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

30  shall, in cooperation with the state and affected public

31  transportation operators, develop a transportation improvement

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




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

  2  the development of the transportation improvement program,

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

  4  transit agencies, representatives of transportation agency

  5  employees, freight shippers, providers of freight

  6  transportation services, private providers of transportation,

  7  representatives of users of public transit, and other

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

  9  reasonable opportunity to comment on the proposed

10  transportation improvement program.

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

12  annually, a list of project priorities and a transportation

13  improvement program. The transportation improvement program

14  will be used to initiate state and federally aided

15  transportation facilities and improvements as well as other

16  transportation facilities and improvements including transit,

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

18  State Transportation Trust Fund within its metropolitan

19  planning area in accordance with existing and subsequent

20  federal and state laws and rules and regulations related

21  thereto.  The transportation improvement program shall be

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

23  local government comprehensive plans of the units of local

24  government whose boundaries are within the metropolitan

25  planning area of the M.P.O.

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

27  project priorities and shall submit the list to the

28  appropriate district of the department by October 1 of each

29  year; however, the department and a metropolitan planning

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

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

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1  by the technical and citizens' advisory committees, and

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

  3  district. The approved list of project priorities shall

  4  provide for the consideration of all modes of transportation,

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

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

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

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

  9  transportation improvement program. The annual list of project

10  priorities must be based upon project selection criteria that,

11  at a minimum, consider the following:

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

13         2.  The results of the transportation management

14  systems; and

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

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

17  minimum:

18         1.  Include projects and project phases to be funded

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

20  transportation improvement program and which are recommended

21  for advancement during the next fiscal year and 4 subsequent

22  fiscal years.  Such projects and project phases must be

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

24  local government comprehensive plans of the units of local

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

26  informational purposes, the transportation improvement program

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

28  or private revenues.

29         2.  Include projects within the metropolitan planning

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

31

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1  the Federal Transit Act and which are consistent with the

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

  3         3.  Provide a financial plan that demonstrates how the

  4  transportation improvement program can be implemented;

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

  6  reasonably expected to be available to accomplish the program;

  7  and identifies recommends any innovative financing techniques

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

  9  financial plan may include, for illustrative purposes,

10  additional projects that would be included in the approved

11  transportation improvement program if reasonable additional

12  resources beyond those identified in the financial plan were

13  available. Innovative financing Such techniques may include

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

15  or the use of value congestion pricing.  The transportation

16  improvement program may include a project or project phase

17  only if full funding can reasonably be anticipated to be

18  available for the project or project phase within the time

19  period contemplated for completion of the project or project

20  phase.

21         4.  Group projects and project phases of similar

22  urgency and anticipated staging into appropriate staging

23  periods.

24         5.  Indicate how the transportation improvement program

25  relates to the long-range transportation plan developed under

26  subsection (6), including providing examples of specific

27  projects or project phases that further the goals and policies

28  of the long-range transportation plan.

29         6.  Indicate whether any project or project phase is

30  inconsistent with an approved comprehensive plan of a unit of

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

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    Florida Senate - 1999                                  SB 1920
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  1  If a project is inconsistent with an affected comprehensive

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

  3  project in the transportation improvement program.

  4         7.  Indicate how the improvements are consistent, to

  5  the maximum extent feasible, with affected seaport and airport

  6  master plans and with public transit development plans of the

  7  units of local government located within the jurisdiction of

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

  9  more than one M.P.O., the M.P.O.'s shall coordinate plans

10  regarding the project in the transportation improvement

11  program.

12         (d)  Projects included in the transportation

13  improvement program and that have advanced to the design stage

14  of preliminary engineering may be removed from or rescheduled

15  in a subsequent transportation improvement program only by the

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

17  recommended in writing by the district secretary for good

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

19  transportation improvement program shall not be rescheduled by

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

21  year of such program.

22         (e)  Prior to adopting the transportation improvement

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

24  and any affected public transit operation, provide the general

25  public, affected public agencies, representatives of

26  transportation agency employees, freight shippers, providers

27  of freight transportation services, private providers of

28  transportation, representatives of users of public transit,

29  and other interested parties with reasonable notice of and an

30  opportunity to comment on the proposed program.

31

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




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

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

  3  must be submitted to the district secretary and the Department

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

  5  the state transportation improvement program by the department

  6  to the appropriate federal agencies. The annual transportation

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

  8  submitted to the district secretary and the Department of

  9  Community Affairs at least 45 days before the department

10  submits the state transportation improvement program to the

11  appropriate federal agencies; however, the department, the

12  Department of Community Affairs, and a metropolitan planning

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

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

15  shall review and approve each transportation improvement

16  program and any amendments thereto.

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

18  review the annual transportation improvement program of each

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

20  comprehensive plans of the units of local government whose

21  boundaries are within the metropolitan planning area of each

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

23  with such comprehensive plans. The Department of Community

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

25  contained in its transportation improvement program which are

26  inconsistent with the approved local government comprehensive

27  plans of the units of local government whose boundaries are

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

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

30  make available for public review the annual listing of

31  projects for which federal funds have been obligated in the

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1  preceding year. Project monitoring systems shall be maintained

  2  by those agencies responsible for obligating federal funds,

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

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

  5  develop, in cooperation with the department and public

  6  transportation providers, a unified planning work program that

  7  lists all planning tasks to be undertaken during the program

  8  year. The unified planning work program must provide a

  9  complete description of each planning task and an estimated

10  budget therefor and must comply with applicable state and

11  federal law.

12         (9)  AGREEMENTS.--

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

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

15  every 5 years:

16         1.  An agreement with the department clearly

17  establishing the cooperative relationship essential to

18  accomplish the transportation planning requirements of state

19  and federal law.

20         2.  An agreement with the metropolitan and regional

21  intergovernmental coordination and review agencies serving the

22  metropolitan areas, specifying the means by which activities

23  will be coordinated and how transportation planning and

24  programming will be part of the comprehensive planned

25  development of the area.

26         3.  An agreement with operators of public

27  transportation systems, including transit systems, commuter

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

29  which activities will be coordinated and specifying how public

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

31

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1  programming will be part of the comprehensive planned

  2  development of the metropolitan planning area.

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

  4  state or federal law or as necessary to properly accomplish

  5  its functions.

  6         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

  7  COUNCIL.--

  8         (a)  A Metropolitan Planning Organization Advisory

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

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

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

12         (b)  The council shall consist of one representative

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

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

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

16  representative. Members of the council do not receive any

17  compensation for their services, but may be reimbursed from

18  funds made available to council members for travel and per

19  diem expenses incurred in the performance of their council

20  duties as provided in s. 112.061.

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

22  Organization Advisory Council are to:

23         1.  Enter into contracts with individuals, private

24  corporations, and public agencies.

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

26  personal property essential for the conduct of business.

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

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

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

30  120.536(1) and 120.54 to implement provisions of law

31  conferring powers or duties upon it.

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




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

  2  transportation planning process by serving as the principal

  3  forum for collective policy discussion pursuant to law.

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

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

  6  issues required to comply with federal or state law in

  7  carrying out the urbanized area transportation and systematic

  8  planning processes instituted pursuant to s. 339.155.

  9         7.  Employ an executive director and such other staff

10  as necessary to perform adequately the functions of the

11  council, within budgetary limitations. The executive director

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

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

14  assigned to the Office of the Secretary of the Department of

15  Transportation or for fiscal and accountability purposes, but

16  it shall otherwise function independently of the control and

17  direction of the department.

18         8.  Adopt an agency strategic plan that provides the

19  priority directions the agency will take to carry out its

20  mission within the context of the state comprehensive plan and

21  any other statutory mandates and directions given to the

22  agency.

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

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

25  section conflicts with federal laws or regulations, such

26  federal laws or regulations will take precedence to the extent

27  of the conflict until such conflict is resolved.  The

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

29  comply with such federal laws and regulations or to continue

30  to remain eligible to receive federal funds.

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1         Section 2.  Section 341.053, Florida Statutes, is

  2  amended to read:

  3         341.053  Intermodal Development Program;

  4  administration; eligible projects; limitations.--

  5         (1)  There is created within the Department of

  6  Transportation an Intermodal Development Program to provide

  7  for major capital investments in fixed-guideway transportation

  8  systems, access to seaports, airports and other transportation

  9  terminals, providing for the construction of intermodal or

10  multimodal terminals; and to otherwise facilitate the

11  intermodal or multimodal movement of people and goods.

12         (2)  The Intermodal Development Program shall be

13  administered by the Department of Transportation in

14  cooperation with metropolitan planning organizations and other

15  units of special purpose and general-purpose local

16  governments.

17         (3)  The department shall review funding requests from

18  a rail authority created pursuant to chapter 343.  The

19  department may include projects of the authorities, including

20  planning and design, in the tentative work program.

21         (3)(4)  No single transportation authority operating a

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

23  transportation system not administered by a transportation

24  authority, receiving funds under the Intermodal Development

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

26  intermodal development funds appropriated between July 1,

27  1990, and June 30, 2015.  In determining the distribution of

28  funds under the Intermodal Development Program in any fiscal

29  year, the department shall assume that future appropriation

30  levels will be equal to the current appropriation level.

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1         (4)(5)  The department is authorized to fund projects

  2  within the Intermodal Development Program, which are

  3  consistent, to the maximum extent feasible, with approved

  4  local government comprehensive plans of the units of local

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

  6  eligible for funding under this program include major capital

  7  investments in public rail and fixed-guideway transportation

  8  facilities and systems which provide intermodal access and

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

10  requirement of the department's major capital investment

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

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

13  and other transportation terminals; construction of intermodal

14  or multimodal terminals; development and construction of

15  dedicated bus lanes; and projects which otherwise facilitate

16  the intermodal or multimodal movement of people and goods.

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

18  planning organization shall be the responsible agency for the

19  submittal to the department of intermodal access project

20  funding requests, including funding requests from rail

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

22  submittal of intermodal access project funding requests and

23  requests from rail authorities shall be contained in the

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

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

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

27  metropolitan planning organization must demonstrate that the

28  project for which funding is being requested is contained

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

30  transportation improvement program.

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1         Section 3.  Subsection (4) of section 320.20, Florida

  2  Statutes, is amended to read:

  3         320.20  Disposition of license tax moneys.--The revenue

  4  derived from the registration of motor vehicles, including any

  5  delinquent fees and excluding those revenues collected and

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

  7  distributed monthly, as collected, as follows:

  8         (4)  Notwithstanding any other provision of law except

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

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

11  Transportation Trust Fund solely for the purposes of funding

12  the Florida Seaport Transportation and Economic Development

13  Program as provided in chapter 311 and for funding seaport

14  intermodal access projects of statewide significance as

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

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

17  projects as follows:

18         (a)  For any seaport intermodal access projects that

19  are identified in the 1997-1998 Tentative Work Program of the

20  Department of Transportation, up to the amounts needed to

21  offset the funding requirements of this section; and

22         (b)  For seaport intermodal access projects as

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

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

25  311.09(3). Funding for such projects shall be on a matching

26  basis as mutually determined by the Florida Seaport

27  Transportation and Economic Development Council and the

28  Department of Transportation, provided a minimum of 25 percent

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

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

31  or

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1         (c)  On a 50-50 matching basis for projects as

  2  described in s. 311.07(3)(b).

  3

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

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

  6  anticipation certificates, or any other form of indebtedness

  7  issued by an individual port or appropriate local government

  8  having jurisdiction thereof, or collectively by interlocal

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

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

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

12  does hereby covenant with holders of such revenue bonds or

13  other instruments of indebtedness issued hereunder that it

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

15  manner which will materially and adversely affect the rights

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

17  outstanding. Any revenues that are not pledged to the

18  repayment of bonds as authorized by this section may be

19  utilized for purposes authorized under the Florida Seaport

20  Transportation and Economic Development Program. This revenue

21  source is in addition to any amounts provided for and

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

23  The Florida Seaport Transportation and Economic Development

24  Council shall approve distribution of funds to ports for

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

26  or for seaport intermodal access projects identified in the

27  5-year Florida Seaport Mission Plan as provided in s.

28  311.09(3) and mutually agreed upon by the FSTED Council and

29  the Department of Transportation.  All contracts for actual

30  construction of projects authorized by this subsection must

31  include a provision encouraging employment of WAGES

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1  participants.  The goal for employment of WAGES participants

  2  is 25 percent of all new employees employed specifically for

  3  the project, unless the Department of Transportation and the

  4  Florida Seaport Transportation and Economic Development

  5  Council can demonstrate to the satisfaction of the Secretary

  6  of Labor and Employment Security that such a requirement would

  7  severely hamper the successful completion of the project. In

  8  such an instance, the Secretary of Labor and Employment

  9  Security shall establish an appropriate percentage of

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

11  Department of Transportation are authorized to perform such

12  acts as are required to facilitate and implement the

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

14  cooperate to their mutual advantage, the governing body of

15  each port may exercise powers provided to municipalities or

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

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

18  The use of funds provided pursuant to this subsection is

19  limited to eligible projects listed in this subsection. The

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

21  pursuant to this subsection.

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

23  law.

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    Florida Senate - 1999                                  SB 1920
    20-1416A-99                                             See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Revises provisions relating to legislative intent
  4    regarding, and purposes of, metropolitan planning
      organizations. Revises provisions relating to the
  5    jurisdictional boundary of an organization, designation
      of multiple organizations within an area, and the voting
  6    membership of an organization. Deletes duties of the
      technical advisory committees relating to identification
  7    of school safety concerns. Revises requirements with
      respect to the long-range transportation plan and the
  8    annual transportation improvement program and development
      thereof. Requires a Metropolitan Planning Organization to
  9    make certain information available for public review.

10
      Provides that the Intermodal Development Program shall be
11    administered by the Department of Transportation in
      cooperation with Metropolitan Planning Organizations and
12    local governments. Provides that an organization, rather
      than the department, shall review funding requests from
13    rail authorities. Provides that an organization is
      responsible for submitting intermodal access project
14    funding requests to the department in urbanized areas.

15

16

17

18

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