CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Webster moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 40, line 26, through page 44, line 28 delete

15  those lines

16

17  and insert:

18         Section 27.  Section 334.035, Florida Statutes, is

19  amended to read:

20         334.035  Purpose of transportation code.--The purpose

21  of the Florida Transportation Code is to establish the

22  responsibilities of the state, the counties, and the

23  municipalities in the planning and development of the

24  transportation systems serving the people of the state and to

25  assure the development of an integrated, balanced statewide

26  transportation system. The prevailing principles to be

27  considered in planning and developing these transportation

28  systems are: preserving the existing transportation

29  infrastructure; enhancing Florida's economic competitiveness;

30  and improving travel choices to ensure mobility which enhances

31  economic development through promotion of international trade

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                                                  SENATE AMENDMENT

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 1  and interstate and intrastate commerce. This code is necessary

 2  for the protection of the public safety and general welfare

 3  and for the preservation of all transportation facilities in

 4  the state.  The chapters in the code shall be considered

 5  components of the total code, and the provisions therein,

 6  unless expressly limited in scope, shall apply to all

 7  chapters.

 8         Section 28.  Section 334.046, Florida Statutes, is

 9  amended to read:

10         334.046  Department mission, goals, and objectives.--

11         (1)  The prevailing principles to be considered in

12  planning and developing an integrated, balanced statewide

13  transportation system are: preserving the existing

14  transportation infrastructure; enhancing Florida's economic

15  competitiveness; and improving travel choices to ensure

16  mobility.

17         (2)(1)  The mission of the Department of Transportation

18  shall be to provide a safe, interconnected statewide

19  transportation system for Florida's citizens and visitors that

20  ensures the mobility of people and goods freight, enhances

21  while enhancing economic prosperity, and preserves and

22  sustaining the quality of our environment and communities.

23         (3)(2)  The department shall document in the Florida

24  Transportation Plan, in accordance with s. 339.155 and based

25  upon the prevailing principles of preserving the existing

26  transportation infrastructure, enhancing Florida's economic

27  competitiveness, and improving travel choices to ensure

28  mobility, pursuant to s. 339.155 the goals and objectives that

29  which provide statewide policy guidance for accomplishing the

30  department's mission.

31         (4)(3)  At a minimum, the department's goals shall

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                                                  SENATE AMENDMENT

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 1  address the following prevailing principles.:

 2         (a)  Preservation.--Protecting the state's

 3  transportation infrastructure investment. Preservation

 4  includes:

 5         1.  Ensuring that 80 percent of the pavement on the

 6  State Highway System meets department standards;

 7         2.  Ensuring that 90 percent of department-maintained

 8  bridges meet department standards; and

 9         3.  Ensuring that the department achieves 100 percent

10  of the acceptable maintenance standard on the state highway

11  system.

12         (b)  Economic Competitiveness.--Ensuring that the state

13  has a clear understanding of the economic consequences of

14  transportation investments, and how such investments affect

15  the state's economic competitiveness. The department must

16  develop a macroeconomic analysis of the linkages between

17  transportation investment and economic performance, as well as

18  a method to quantifiably measure the economic benefits of the

19  district-work-program investments. Such an analysis must

20  analyze:

21         1.  The state's and district's economic performance

22  relative to the competition.

23         2.  The business environment as viewed from the

24  perspective of companies evaluating the state as a place in

25  which to do business.

26         3.  The state's capacity to sustain long-term growth.

27         (c)  Mobility--Ensuring a cost-effective, statewide,

28  interconnected transportation system.

29         (a)  Providing a safe transportation system for

30  residents, visitors, and commerce.

31         (b)  Preservation of the transportation system.

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                                                  SENATE AMENDMENT

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 1         (c)  Providing an interconnected transportation system

 2  to support Florida's economy.

 3         (d)  Providing travel choices to support Florida's

 4  communities.

 5         Section 29.  Section 339.155, Florida Statutes, is

 6  amended to read:

 7         339.155  Transportation planning.--

 8         (1)  THE FLORIDA TRANSPORTATION PLAN.--The department

 9  shall develop and annually update a statewide transportation

10  plan, to be known as the Florida Transportation Plan. The plan

11  shall be designed so as to be easily read and understood by

12  the general public. The purpose of the Florida Transportation

13  Plan is to establish and define the state's long-range

14  transportation goals and objectives to be accomplished over a

15  period of at least 20 years within the context of the State

16  Comprehensive Plan, and any other statutory mandates and

17  authorizations and based upon the prevailing principles of:

18  preserving the existing transportation infrastructure;

19  enhancing Florida's economic competitiveness; and improving

20  travel choices to ensure mobility. The Florida Transportation

21  Plan shall consider the needs of the entire state

22  transportation system and examine the use of all modes of

23  transportation to effectively and efficiently meet such needs.

24         (2)  SCOPE OF PLANNING PROCESS.--

25         (a)  The department shall carry out a transportation

26  planning process in conformance with s. 334.046(1) which that

27  provides for consideration of projects and strategies that

28  will:

29         (a)1.  Support the economic vitality of the United

30  States, Florida, and the metropolitan areas, especially by

31  enabling global competitiveness, productivity, and efficiency;

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                                                  SENATE AMENDMENT

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 1         (b)2.  Increase the safety and security of the

 2  transportation system for motorized and nonmotorized users;

 3         (c)3.  Increase the accessibility and mobility options

 4  available to people and for freight;

 5         (d)4.  Protect and enhance the environment, promote

 6  energy conservation, and improve quality of life;

 7         (e)5.  Enhance the integration and connectivity of the

 8  transportation system, across and between modes throughout

 9  Florida, for people and freight;

10         (f)6.  Promote efficient system management and

11  operation; and

12         (g)7.  Emphasize the preservation of the existing

13  transportation system.

14         (b)  Additionally, the department shall consider:

15         1.  With respect to nonmetropolitan areas, the concerns

16  of local elected officials representing units of general

17  purpose local government;

18         2.  The concerns of Indian tribal governments and

19  federal land management agencies that have jurisdiction over

20  land within the boundaries of Florida; and

21         3.  Coordination of transportation plans, programs, and

22  planning activities with related planning activities being

23  carried out outside of metropolitan planning areas.

24         (c)  The results of the management systems required

25  pursuant to federal laws and regulations.

26         (d)  Any federal, state, or local energy use goals,

27  objectives, programs, or requirements.

28         (e)  Strategies for incorporating bicycle

29  transportation facilities and pedestrian walkways in projects

30  where appropriate throughout the state.

31         (f)  International border crossings and access to

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                                                  SENATE AMENDMENT

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 1  ports, airports, spaceports, intermodal transportation

 2  facilities, major freight distribution routes, national parks,

 3  recreation and scenic areas, monuments and historic sites, and

 4  military installations.

 5         (g)  The transportation needs of nonmetropolitan areas

 6  through a process that includes consultation with local

 7  elected officials with jurisdiction over transportation.

 8         (h)  Consistency of the plan, to the maximum extent

 9  feasible, with strategic regional policy plans, metropolitan

10  planning organization plans, and approved local government

11  comprehensive plans so as to contribute to the management of

12  orderly and coordinated community development.

13         (i)  Connectivity between metropolitan areas within the

14  state and with metropolitan areas in other states.

15         (j)  Recreational travel and tourism.

16         (k)  Any state plan developed pursuant to the Federal

17  Water Pollution Control Act.

18         (l)  Transportation system management and investment

19  strategies designed to make the most efficient use of existing

20  transportation facilities.

21         (m)  The total social, economic, energy, and

22  environmental effects of transportation decisions on the

23  community and region.

24         (n)  Methods to manage traffic congestion and to

25  prevent traffic congestion from developing in areas where it

26  does not yet occur, including methods which reduce motor

27  vehicle travel, particularly single-occupant vehicle travel.

28         (o)  Methods to expand and enhance transit services and

29  to increase the use of such services.

30         (p)  The effect of transportation decisions on land use

31  and land development, including the need for consistency

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                                                  SENATE AMENDMENT

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 1  between transportation decisionmaking and the provisions of

 2  all applicable short-range and long-range land use and

 3  development plans.

 4         (q)  Where appropriate, the use of innovative

 5  mechanisms for financing projects, including value capture

 6  pricing, tolls, and congestion pricing.

 7         (r)  Preservation and management of rights-of-way for

 8  construction of future transportation projects, including

 9  identification of unused rights-of-way which may be needed for

10  future transportation corridors, and identification of those

11  corridors for which action is most needed to prevent

12  destruction or loss.

13         (s)  Future, as well as existing, needs of the state

14  transportation system.

15         (t)  Methods to enhance the efficient movement of

16  commercial motor vehicles.

17         (u)  The use of life-cycle costs in the design and

18  engineering of bridges, tunnels, or pavement.

19         (v)  Investment strategies to improve adjoining state

20  and local roads that support rural economic growth and tourism

21  development, federal agency renewable resources management,

22  and multipurpose land management practices, including

23  recreation development.

24         (w)  The concerns of Indian tribal governments having

25  jurisdiction over lands within the boundaries of the state.

26         (x)  A seaport or airport master plan, which has been

27  incorporated into an approved local government comprehensive

28  plan, and the linkage of transportation modes described in

29  such plan which are needed to provide for the movement of

30  goods and passengers between the seaport or airport and the

31  other transportation facilities.

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                                                  SENATE AMENDMENT

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 1         (y)  The spaceport master plan approved by the

 2  Spaceport Florida Authority.

 3         (z)  The joint use of transportation corridors and

 4  major transportation facilities for alternate transportation

 5  and community uses.

 6         (aa)  The integration of any proposed system into all

 7  other types of transportation facilities in the community.

 8         (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida

 9  Transportation Plan shall be a unified, concise planning

10  document that clearly defines the state's long-range

11  transportation goals and objectives and documents the

12  department's short-range objectives developed to further such

13  goals and objectives. The plan shall include a glossary that

14  clearly and succinctly defines any and all phrases, words, or

15  terms of art included in the plan, with which the general

16  public may be unfamiliar and shall consist of, at a minimum,

17  the following components:

18         (a)  A long-range component documenting the goals and

19  long-term objectives necessary to implement the results of the

20  department's findings from its examination of the criteria

21  listed in subsection (2) and s. 334.046(1).  The long-range

22  component must be developed in cooperation with the

23  metropolitan planning organizations and reconciled, to the

24  maximum extent feasible, with the long-range plans developed

25  by metropolitan planning organizations pursuant to s. 339.175.

26  The plan must also be developed in consultation with affected

27  local officials in nonmetropolitan areas and with any affected

28  Indian tribal governments. The plan must provide an

29  examination of transportation issues likely to arise during at

30  least a 20-year period. The long-range component shall be

31  updated at least once every 5 years, or more often as

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                                                  SENATE AMENDMENT

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 1  necessary, to reflect substantive changes to federal or state

 2  law.

 3         (b)  A short-range component documenting the short-term

 4  objectives and strategies necessary to implement the goals and

 5  long-term objectives contained in the long-range component.

 6  The short-range component must define the relationship between

 7  the long-range goals and the short-range objectives, specify

 8  those objectives against which the department's achievement of

 9  such goals will be measured, and identify transportation

10  strategies necessary to efficiently achieve the goals and

11  objectives in the plan. It must provide a policy framework

12  within which the department's legislative budget request, the

13  strategic information resource management plan, and the work

14  program are developed. The short-range component shall serve

15  as the department's annual agency strategic plan pursuant to

16  s. 186.021. The short-range component shall be developed

17  consistent with the requirements of s. 186.022 and consistent

18  with available and forecasted state and federal funds. In

19  addition to those entities listed in s. 186.022, the

20  short-range component shall also be submitted to the Florida

21  Transportation Commission.

22         (4)  ANNUAL PERFORMANCE REPORT.--The department shall

23  develop an annual performance report evaluating the operation

24  of the department for the preceding fiscal year.  The report,

25  which shall meet the requirements of s. 186.022, shall also

26  include a summary of the financial operations of the

27  department and shall annually evaluate how well the adopted

28  work program meets the short-term objectives contained in the

29  short-range component of the Florida Transportation Plan.  In

30  addition to the entities listed in s. 186.022, this

31  performance report shall also be submitted to the Florida

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                                                  SENATE AMENDMENT

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 1  Transportation Commission and the legislative appropriations

 2  and transportation committees.

 3         (5)  ADDITIONAL TRANSPORTATION PLANS.--

 4         (a)  Upon request by local governmental entities, the

 5  department may in its discretion develop and design

 6  transportation corridors, arterial and collector streets,

 7  vehicular parking areas, and other support facilities which

 8  are consistent with the plans of the department for major

 9  transportation facilities.  The department may render to local

10  governmental entities or their planning agencies such

11  technical assistance and services as are necessary so that

12  local plans and facilities are coordinated with the plans and

13  facilities of the department.

14         (b)  Each regional planning council, as provided for in

15  s. 186.504, or any successor agency thereto, shall develop, as

16  an element of its strategic regional policy plan,

17  transportation goals and policies. The transportation goals

18  and policies must be prioritized to comply with the prevailing

19  principles provided in subsection (2) and s. 334.046(1). The

20  transportation goals and policies shall be consistent, to the

21  maximum extent feasible, with the goals and policies of the

22  metropolitan planning organization and the Florida

23  Transportation Plan.  The transportation goals and policies of

24  the regional planning council will be advisory only and shall

25  be submitted to the department and any affected metropolitan

26  planning organization for their consideration and comments.

27  Metropolitan planning organization plans and other local

28  transportation plans shall be developed consistent, to the

29  maximum extent feasible, with the regional transportation

30  goals and policies.  The regional planning council shall

31  review urbanized area transportation plans and any other

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                                                  SENATE AMENDMENT

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 1  planning products stipulated in s. 339.175 and provide the

 2  department and respective metropolitan planning organizations

 3  with written recommendations which the department and the

 4  metropolitan planning organizations shall take under

 5  advisement.  Further, the regional planning councils shall

 6  directly assist local governments which are not part of a

 7  metropolitan area transportation planning process in the

 8  development of the transportation element of their

 9  comprehensive plans as required by s. 163.3177.

10         (6)  PROCEDURES FOR PUBLIC PARTICIPATION IN

11  TRANSPORTATION PLANNING.--

12         (a)  During the development of the long-range component

13  of the Florida Transportation Plan and prior to substantive

14  revisions, the department shall provide citizens, affected

15  public agencies, representatives of transportation agency

16  employees, other affected employee representatives, private

17  providers of transportation, and other known interested

18  parties with an opportunity to comment on the proposed plan or

19  revisions. These opportunities shall include, at a minimum,

20  publishing a notice in the Florida Administrative Weekly and

21  within a newspaper of general circulation within the area of

22  each department district office.

23         (b)  During development of major transportation

24  improvements, such as those increasing the capacity of a

25  facility through the addition of new lanes or providing new

26  access to a limited or controlled access facility or

27  construction of a facility in a new location, the department

28  shall hold one or more hearings prior to the selection of the

29  facility to be provided; prior to the selection of the site or

30  corridor of the proposed facility; and prior to the selection

31  of and commitment to a specific design proposal for the

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  proposed facility. Such public hearings shall be conducted so

 2  as to provide an opportunity for effective participation by

 3  interested persons in the process of transportation planning

 4  and site and route selection and in the specific location and

 5  design of transportation facilities. The various factors

 6  involved in the decision or decisions and any alternative

 7  proposals shall be clearly presented so that the persons

 8  attending the hearing may present their views relating to the

 9  decision or decisions which will be made.

10         (c)  Opportunity for design hearings:

11         1.  The department, prior to holding a design hearing,

12  shall duly notify notice all affected property owners of

13  record, as recorded in the property appraiser's office, by

14  mail at least 20 days prior to the date set for the hearing.

15  The affected property owners shall be:

16         a.  Those whose property lies in whole or in part

17  within 300 feet on either side of the centerline of the

18  proposed facility.

19         b.  Those whom who the department determines will be

20  substantially affected environmentally, economically,

21  socially, or safetywise.

22         2.  For each subsequent hearing, the department shall

23  daily publish notice at least 14 days immediately prior to the

24  hearing date in a newspaper of general circulation for the

25  area affected. These notices must be published twice, with the

26  first notice appearing at least 15 days, but no later than 30

27  days, before the hearing

28         3.  A copy of the notice of opportunity for the hearing

29  must shall be furnished to the United States Department of

30  Transportation and to the appropriate departments of the state

31  government at the time of publication.

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                                                  SENATE AMENDMENT

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 1         4.  The opportunity for another hearing shall be

 2  afforded in any case when proposed locations or designs are so

 3  changed from those presented in the notices specified above or

 4  at a hearing as to have a substantially different social,

 5  economic, or environmental effect.

 6         5.  The opportunity for a hearing shall be afforded in

 7  each case in which the department is in doubt as to whether a

 8  hearing is required.

 9         Section 30.  Subsections (1) through (6) and paragraph

10  (a) of subsection (7) of section 339.175, Florida Statutes, is

11  amended to read:

12         339.175  Metropolitan planning organization.--It is the

13  intent of the Legislature to encourage and promote the safe

14  and efficient management, operation, and development of

15  surface transportation systems that will serve the mobility

16  needs of people and freight within and through urbanized areas

17  of this state while minimizing transportation-related fuel

18  consumption and air pollution. To accomplish these objectives,

19  metropolitan planning organizations, referred to in this

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

21  state and public transit operators, transportation plans and

22  programs for metropolitan areas. The plans and programs for

23  each metropolitan area must provide for the development and

24  integrated management and operation of transportation systems

25  and facilities, including pedestrian walkways and bicycle

26  transportation facilities that will function as an intermodal

27  transportation system for the metropolitan area, based upon

28  the prevailing principles provided in s. 334.046(1).  The

29  process for developing such plans and programs shall provide

30  for consideration of all modes of transportation and shall be

31  continuing, cooperative, and comprehensive, to the degree

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 1  appropriate, based on the complexity of the transportation

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

14  existing metropolitan planning area only if the Governor and

15  the existing M.P.O. determine that the size and complexity of

16  the existing metropolitan planning area makes the designation

17  of more than one M.P.O. for the area appropriate.

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

19  the provisions of this section pursuant to an interlocal

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

21  to the interlocal agreement shall be the department and the

22  governmental entities designated by the Governor for

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

24  section and s. 163.01, this section prevails.

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

26  be determined by agreement between the Governor and the

27  applicable M.P.O.  The boundaries must include at least the

28  metropolitan planning area, which is the existing urbanized

29  area and the contiguous area expected to become urbanized

30  within a 20-year forecast period, and may encompass the entire

31  metropolitan statistical area or the consolidated metropolitan

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 1  statistical area.

 2         (d)  In the case of an urbanized area designated as a

 3  nonattainment area for ozone or carbon monoxide under the

 4  Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of

 5  the metropolitan planning area in existence as of the date of

 6  enactment of this paragraph shall be retained, except that the

 7  boundaries may be adjusted by agreement of the Governor and

 8  affected metropolitan planning organizations in the manner

 9  described in this section. If more than one M.P.O. has

10  authority within a metropolitan area or an area that is

11  designated as a nonattainment area, each M.P.O. shall consult

12  with other M.P.O.'s designated for such area and with the

13  state in the coordination of plans and programs required by

14  this section.

15

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

17  operative no later than 6 months following its designation.

18         (2)  VOTING MEMBERSHIP.--

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

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

21  exact number to be determined on an equitable

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

23  agreement among the affected units of general-purpose local

24  government as required by federal rules and regulations. The

25  Governor, in accordance with 23 U.S.C. s. 134, may also

26  provide for M.P.O. members who represent municipalities to

27  alternate with representatives from other municipalities

28  within the metropolitan planning area that do not have members

29  on the M.P.O. County commission members shall compose not less

30  than one-third of the M.P.O. membership, except for an M.P.O.

31  with more than 15 members located in a county with a

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  five-member county commission or an M.P.O. with 19 members

 2  located in a county with no more than 6 county commissioners,

 3  in which case county commission members may compose less than

 4  one-third percent of the M.P.O. membership, but all county

 5  commissioners must be members. All voting members shall be

 6  elected officials of general-purpose governments, except that

 7  an M.P.O. may include, as part of its apportioned voting

 8  members, a member of a statutorily authorized planning board,

 9  an official of an agency that operates or administers a major

10  mode of transportation, or an official of the Spaceport

11  Florida Authority.  The county commission shall compose not

12  less than 20 percent of the M.P.O. membership if an official

13  of an agency that operates or administers a major mode of

14  transportation has been appointed to an M.P.O.

15         (b)  In metropolitan areas in which authorities or

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

17  transportation functions that are not under the jurisdiction

18  of a general purpose local government represented on the

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

20  In all other M.P.O.'s where transportation authorities or

21  agencies are to be represented by elected officials from

22  general purpose local governments, the M.P.O. shall establish

23  a process by which the collective interests of such

24  authorities or other agencies are expressed and conveyed.

25         (c)  Any other provision of this section to the

26  contrary notwithstanding, a chartered county with over 1

27  million population may elect to reapportion the membership of

28  an M.P.O. whose jurisdiction is wholly within the county. The

29  charter county may exercise the provisions of this paragraph

30  if:

31         1.  The M.P.O. approves the reapportionment plan by a

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    Amendment No.    





 1  three-fourths vote of its membership;

 2         2.  The M.P.O. and the charter county determine that

 3  the reapportionment plan is needed to fulfill specific goals

 4  and policies applicable to that metropolitan planning area;

 5  and

 6         3.  The charter county determines the reapportionment

 7  plan otherwise complies with all federal requirements

 8  pertaining to M.P.O. membership.

 9

10  Any charter county that elects to exercise the provisions of

11  this paragraph shall notify the Governor in writing.

12         (d)  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         (3)  APPORTIONMENT.--

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

29  affected units of general-purpose local government as required

30  by federal rules and regulations, apportion the membership on

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1  within the area and shall prescribe a method for appointing

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

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

 4  appointed alternate member must be an elected official serving

 5  the same governmental entity or a general-purpose local

 6  government with jurisdiction within all or part of the area

 7  that the regular member serves.  The governmental entity so

 8  designated shall appoint the appropriate number of members to

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

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

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

12  necessary.  The Governor shall review the composition of the

13  M.P.O. membership in conjunction with the decennial census as

14  prepared by the United States Department of Commerce, Bureau

15  of the Census, and reapportion it as necessary to comply with

16  subsection (2).

17         (b)  Except for members who represent municipalities on

18  the basis of alternating with representatives from other

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

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

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

22  the basis of alternating with representatives from other

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

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

25  as further provided in the interlocal agreement described in

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

27  official automatically terminates upon the member's leaving

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

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

30  of a county or city governing entity represented by the

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





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

 2  additional 4-year terms.

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

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

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

 6  made by the Governor from the eligible representatives of that

 7  governmental entity.

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

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

10  cooperative, and comprehensive transportation planning process

11  that, based upon the prevailing principles provided in s.

12  334.046(1), results in the development of plans and programs

13  which are consistent, to the maximum extent feasible, with the

14  approved local government comprehensive plans of the units of

15  local government the boundaries of which are within the

16  metropolitan area of the M.P.O.  An M.P.O. shall be the forum

17  for cooperative decisionmaking by officials of the affected

18  governmental entities in the development of the plans and

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

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

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

22  this section or incorporated in an interlocal agreement

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

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

25  subsequently applicable, which are necessary to qualify for

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

27  shall be involved in the planning and programming of

28  transportation facilities, including, but not limited to,

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

30  intermodal facilities, to the extent permitted by state or

31  federal law.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





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

 2  department, develop:

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

 4  requirements of subsection (6);

 5         2.  An annually updated transportation improvement

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

 7         3.  An annual unified planning work program pursuant to

 8  the requirements of subsection (8).

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

10  and the transportation improvement program required under

11  paragraph (a), each M.P.O. shall provide for consideration of

12  projects and strategies that will:

13         1.  Support the economic vitality of the metropolitan

14  area, especially by enabling global competitiveness,

15  productivity, and efficiency;

16         2.  Increase the safety and security of the

17  transportation system for motorized and nonmotorized users;

18         3.  Increase the accessibility and mobility options

19  available to people and for freight;

20         4.  Protect and enhance the environment, promote energy

21  conservation, and improve quality of life;

22         5.  Enhance the integration and connectivity of the

23  transportation system, across and between modes, for people

24  and freight;

25         6.  Promote efficient system management and operation;

26  and

27         7.  Emphasize the preservation of the existing

28  transportation system.

29         (c)  Additionally, each M.P.O. shall consider:

30         1.  The consistency of transportation planning with

31  applicable federal, state, and local energy conservation

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1  programs, goals, and objectives;

 2         2.  The likely effect of transportation policy

 3  decisions on land use and development and the consistency of

 4  transportation plans and programs with all applicable

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

 6         3.  The preservation of rights-of-way for construction

 7  of future transportation projects, including the

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

 9  future transportation corridors and the identification of

10  corridors for which action is most needed to prevent

11  destruction or loss;

12         4.  The overall social, economic, energy, and

13  environmental effects of transportation decisions; and

14         5.  Available methods to expand or enhance transit

15  services and increase the use of such services.

16         6.  The possible allocation of capital investments to

17  increase security for transit systems.

18         (c)(d)  In order to provide recommendations to the

19  department and local governmental entities regarding

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

21         1.  Prepare a congestion management system for the

22  metropolitan area and cooperate with the department in the

23  development of all other transportation management systems

24  required by state or federal law;

25         2.  Assist the department in mapping transportation

26  planning boundaries required by state or federal law;

27         3.  Assist the department in performing its duties

28  relating to access management, functional classification of

29  roads, and data collection;

30         4.  Execute all agreements or certifications necessary

31  to comply with applicable state or federal law;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1         5.  Represent all the jurisdictional areas within the

 2  metropolitan area in the formulation of transportation plans

 3  and programs required by this section; and

 4         6.  Perform all other duties required by state or

 5  federal law.

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

 7  committee that includes planners; engineers; representatives

 8  of local aviation authorities, port authorities, and public

 9  transit authorities or representatives of aviation

10  departments, seaport departments, and public transit

11  departments of municipal or county governments, as applicable;

12  the school superintendent of each county within the

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

14  and other appropriate representatives of affected local

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

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

17  committee is responsible for  considering safe access to

18  schools in its review of transportation project priorities,

19  long-range transportation plans, and transportation

20  improvement programs, and shall advise the M.P.O. on such

21  matters. In addition, the technical advisory committee shall

22  coordinate its actions with local school boards and other

23  local programs and organizations within the metropolitan area

24  which participate in school safety activities, such as locally

25  established community traffic safety teams. Local school

26  boards must provide the appropriate M.P.O. with information

27  concerning future school sites and in the coordination of

28  transportation service. identifying projects contained in the

29  long-range transportation plan or transportation improvement

30  program which deserve to be classified as a school safety

31  concern. Upon receipt of the recommendation from the technical

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1  advisory committee that a project should be so classified, the

 2  M.P.O. must vote on whether to classify a particular project

 3  as a school safety concern.  If the M.P.O. votes that a

 4  project should be classified as a school safety concern, the

 5  local governmental entity responsible for the project must

 6  consider at least two alternatives before making a decision

 7  about project location or alignment.

 8         (e)(f)1.  Each M.P.O. shall appoint a citizens'

 9  advisory committee, the members of which serve at the pleasure

10  of the M.P.O. The membership on the citizens' advisory

11  committee must reflect a broad cross section of local

12  residents with an interest in the development of an efficient,

13  safe, and cost-effective transportation system. Minorities,

14  the elderly, and the handicapped must be adequately

15  represented.

16         2.  Notwithstanding the provisions of subparagraph 1.,

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

18  applicable federal governmental agency, adopt an alternative

19  program or mechanism to ensure citizen involvement in the

20  transportation planning process.

21         (f)(g)  The department shall allocate to each M.P.O.,

22  for the purpose of accomplishing its transportation planning

23  and programming duties, an appropriate amount of federal

24  transportation planning funds.

25         (g)(h)  Each M.P.O. may employ personnel or may enter

26  into contracts with local or state agencies, private planning

27  firms, or private engineering firms to accomplish its

28  transportation planning and programming duties required by

29  state or federal law.

30         (h)  Any group of M.P.O.s which have created a

31  Chairmen's Coordinating Committee as of the effective date of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1  this act, and are located within the same Regional Planning

 2  Council district which is comprised of 4 adjacent counties,

 3  must continue such committee as provided for in this section.

 4  Such M.P.O.s on the committee will be represented by two

 5  members, appointed by the M.P.O. chairman, to the committee.

 6  Such committee must also include one representative from all

 7  M.P.O.s contiguous to such Regional Planning Council district.

 8  The committee must at a minimum:

 9         1.  Coordinate local, state, and regional

10  transportation systems.

11         2.  Review the impact of local land use decisions on

12  the region.

13         3.  Review all proposed projects in the respective

14  transportation improvement plans which effect more than one of

15  the M.P.O.s represented on the committee.

16

17  The committee shall have the authority to object, by a

18  majority vote, to any project within the geographic boundaries

19  of the committee and which is included in a M.P.O.'s

20  transportation improvement plan.  The committee may also

21  recommend projects, by a majority vote, to be included in a

22  M.P.O.'s transportation improvement plan.  If the committee

23  objects to a project, or if an M.P.O. refuses to include a

24  project recommended by the committee, the effected M.P.O.s

25  must initiate a formal conflict resolution process to reach

26  agreement on such projects. Until the conflict is resolved to

27  the satisfaction of the committee, the department must, to the

28  maximum extent feasible, withhold 10 percent of the state

29  funds from the disputed project of the effected M.P.O.s.

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

31  develop a long-range transportation plan that addresses at

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





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

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

 3  other state and federal requirements. The prevailing

 4  principles to be considered in the long-range transportation

 5  plan are: preserving the existing transportation

 6  infrastructure; enhancing Florida's economic competitiveness;

 7  and improving travel choices to ensure mobility. The

 8  long-range transportation plan must be consistent, to the

 9  maximum extent feasible, with future land use elements and the

10  goals, objectives, and policies of the approved local

11  government comprehensive plans of the units of local

12  government located within the jurisdiction of the M.P.O. The

13  approved long-range transportation plan must be considered by

14  local governments in the development of the transportation

15  elements in local government comprehensive plans and any

16  amendments thereto. The long-range transportation plan must,

17  at a minimum:

18         (a)  Identify transportation facilities, including, but

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

20  spaceports, commuter rail systems, transit systems, and

21  intermodal or multimodal terminals that will function as an

22  integrated metropolitan transportation system.  The long-range

23  transportation plan must give emphasis to those transportation

24  facilities that serve national, statewide, or regional

25  functions, and must consider the goals and objectives

26  identified in the Florida Transportation Plan as provided in

27  s. 339.155. If a project is located within the boundaries of

28  more than one M.P.O., the M.P.O.'s must 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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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 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  M.P.O. and the department shall cooperatively develop

10  estimates of funds that will be available to support the plan

11  implementation. Innovative financing techniques may be used to

12  fund needed projects and programs.  Such techniques may

13  include the assessment of tolls, the use of value capture

14  financing, or the use of value pricing.

15         (c)  Assess capital investment and other measures

16  necessary to:

17         1.  Ensure the preservation of the existing

18  metropolitan transportation system including requirements for

19  the operation, resurfacing, restoration, and rehabilitation of

20  major roadways and requirements for the operation,

21  maintenance, modernization, and rehabilitation of public

22  transportation facilities; and

23         2.  Make the most efficient use of existing

24  transportation facilities to relieve vehicular congestion and

25  maximize the mobility of people and goods.

26         (d)  Indicate, as appropriate, proposed transportation

27  enhancement activities, including, but not limited to,

28  pedestrian and bicycle facilities, scenic easements,

29  landscaping, historic preservation, mitigation of water

30  pollution due to highway runoff, and control of outdoor

31  advertising.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1         (e)  In addition to the requirements of paragraphs

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

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

 4  must coordinate the development of the long-range

 5  transportation plan with the State Implementation Plan

 6  developed pursuant to the requirements of the federal Clean

 7  Air Act.

 8

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

10  M.P.O. must provide the public, affected public agencies,

11  representatives of transportation agency employees, freight

12  shippers, providers of freight transportation services,

13  private providers of transportation, representatives of users

14  of public transit, and other interested parties with a

15  reasonable opportunity to comment on the long-range

16  transportation plan. The long-range transportation plan must

17  be approved by the M.P.O.

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

19  shall, in cooperation with the state and affected public

20  transportation operators, develop a transportation improvement

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

22  the development of the transportation improvement program,

23  each M.P.O. must provide the public, affected public agencies,

24  representatives of transportation agency employees, freight

25  shippers, providers of freight transportation services,

26  private providers of transportation, representatives of users

27  of public transit, and other interested parties with a

28  reasonable opportunity to comment on the proposed

29  transportation improvement program.

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

31  annually, a list of project priorities and a transportation

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1  improvement program. The prevailing principles to be

 2  considered by each M.P.O. when developing a list of project

 3  priorities and a transportation improvement program are:

 4  preserving the existing transportation infrastructure;

 5  enhancing Florida's economic competitiveness; and improving

 6  travel choices to ensure mobility. The transportation

 7  improvement program will be used to initiate federally aided

 8  transportation facilities and improvements as well as other

 9  transportation facilities and improvements including transit,

10  rail, aviation, spaceport, and port facilities to be funded

11  from the State Transportation Trust Fund within its

12  metropolitan area in accordance with existing and subsequent

13  federal and state laws and rules and regulations related

14  thereto.  The transportation improvement program shall be

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

16  local government comprehensive plans of the units of local

17  government whose boundaries are within the metropolitan area

18  of the M.P.O.

19

20

21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23         On page 3, line 2, through page 3, line 10, delete

24  those lines

25

26  and insert:

27         tentative work program; amending ss. 334.035,

28         334.046, F.S.; providing prevailing principles

29         for planning and developing transportation

30         systems; amending s. 339.155, F.S.; clarifying

31         the public participation process in

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1         transportation planning; conforming provisions

 2         to federal requirements; providing prevailing

 3         principles; deleting certain planning factors;

 4         amending s. 339.175, F.S.; providing duties of

 5         the metropolitan planning Technical Advisory

 6         Committee; providing for a coordinating

 7         committee in certain M.P.O.s; providing

 8         prevailing principles for planning and

 9         developing transportation systems for

10         metropolitan planning organizations; deleting

11         certain planning factors; amending s. 341.051,

12         F.S.;

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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