Senate Bill sb0480c1
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Florida Senate - 2002 CS for SB 480
By the Committee on Transportation; and Senator Sebesta
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1 A bill to be entitled
2 An act relating to transportation; creating s.
3 339.141, F.S.; creating the Regional
4 Transportation Act; providing purpose; creating
5 the Regional Transportation Advisory Council;
6 providing for membership, meetings, and staff
7 support of the council; providing duties;
8 requiring recommendation of regional and local
9 transportation projects; providing criteria and
10 procedures for approval of Regional
11 Transportation Grant projects and Local
12 Transportation Management Grant projects;
13 providing for approval by the Legislature;
14 providing for funding; providing for allocation
15 of funds from the State Transportation Trust
16 Fund; limiting application of certain
17 requirements; creating s. 339.142, F.S.;
18 providing for designation as a regional
19 transportation corridor; providing a
20 definition; designating certain infrastructure
21 as such corridors; authorizing the council to
22 designate such corridors; creating s. 339.143,
23 F.S.; creating the Regional Transportation
24 Grant program; providing legislative findings
25 and purpose; providing criteria for program
26 eligibility; providing for recommendation by
27 the council and approval by the Legislature;
28 providing for funding; creating s. 339.144,
29 F.S.; creating the Local Transportation
30 Management Grant program; providing legislative
31 findings and purpose; providing criteria for
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1 program eligibility; providing for
2 recommendation by the council and approval by
3 the Legislature; providing for funding;
4 amending s. 339.08, F.S.; revising provisions
5 relating to use of moneys in the State
6 Transportation Trust Fund; conforming
7 references; amending s. 339.1371, F.S.;
8 eliminating provisions for funding the
9 Transportation Outreach Program; amending s.
10 215.211, F.S.; providing for use of certain
11 proceeds to fund projects selected under the
12 act; repealing s. 339.137, F.S., relating to
13 the Transportation Outreach Program; repealing
14 s. 339.2817, F.S., relating to the County
15 Incentive Grant Program; repealing s. 339.2818,
16 F.S., relating to the Small County Outreach
17 Program; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 339.141, Florida Statutes, is
22 created to read:
23 339.141 Regional Transportation Act; short title;
24 purpose; Regional Transportation Council; creation;
25 membership; transportation grants; criteria; applications;
26 approval; project lists; funding.--
27 (1) Sections 339.141-339.144 may be cited as the
28 "Regional Transportation Act," dedicated to identifying and
29 funding high-priority regional transportation projects that
30 create intermodal transportation linkages for passengers and
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1 freight, thus increasing cost-competitive travel choices for
2 Florida residents, visitors, and businesses.
3 (2) The underlying purposes of the Regional
4 Transportation Act are to identify projects throughout the
5 state which will provide more efficient movement of travelers,
6 goods, and services; assist local governments in developing
7 intermodal linkages; promote logical linkages between
8 different modes of transportation; and attract federal, state,
9 local, and private-sector funds to make these improvements.
10 (3) The Regional Transportation Advisory Council is
11 created to make recommendations annually to the Legislature on
12 the selection of projects as provided in this section.
13 Recommendations shall be made for projects seeking Regional
14 Transportation Grants pursuant to s. 339.143 and Local
15 Transportation Management Grants pursuant to s. 339.144.
16 (4) The council shall consist of:
17 (a) The secretary of the Department of Transportation,
18 or his or her designee.
19 (b) One member of the Senate appointed by the
20 President of the Senate.
21 (c) One member of the House of Representatives
22 appointed by the Speaker of the House of Representatives.
23
24 Terms for council members from the Legislature shall be 2
25 years, provided that a legislative member's term shall not
26 exceed the term of the presiding officer making that member's
27 appointment to the council. Initial appointments must be made
28 no later than 30 days after the effective date of this act.
29 Vacancies on the council shall be filled in the same manner as
30 the initial appointments.
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1 (5) Each member of the council shall be allowed one
2 vote. The council shall select a chair from among its
3 membership. Meetings shall be held at the call of the chair
4 but not less frequently than quarterly. The members of the
5 council shall be reimbursed for per diem and travel expenses
6 as provided in s. 112.061.
7 (6) The Department of Transportation shall provide
8 administrative staff support and shall ensure that council
9 meetings are electronically recorded. Such recordings and all
10 documents received, prepared for, or used by the council in
11 conducting its business shall be preserved pursuant to
12 chapters 119 and 257.
13 (7) Applications for Regional Transportation Act
14 funding shall be submitted to the department no later than
15 October 1 of each year, beginning in 2002, along with
16 documentation that the proposed project meets the criteria
17 listed in s. 339.143 or s. 339.144, as applicable.
18 (a) Regional Transportation Grant projects may be
19 proposed by any local government, regional organization,
20 economic development board, public or private partnership,
21 metropolitan planning organization, state agency, or other
22 entity engaged in economic development activities.
23 (b) Local Transportation Management Grant applications
24 may be submitted by counties and municipalities.
25 (c) No project may be submitted for consideration
26 under both grant programs in the same fiscal year.
27 (8) The department shall review all of the
28 applications submitted to determine which ones meet the basic
29 criteria listed in ss. 339.143(3) and 339.144(2). By December
30 1 of each year, beginning in 2002, the department shall submit
31 to the council all of the Regional Transportation Grant
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1 applications that comply, and to each county's legislative
2 delegation the applicable Local Transportation Management
3 Grant applications that comply. Included in the department's
4 submittals shall be a summary of each eligible grant
5 application, including summary information indicating how the
6 project meets the criteria in s. 339.143(5) or s. 339.144(3),
7 as applicable.
8 (9)(a) The council shall evaluate all of the
9 applications it receives from the department and the
10 legislative delegations and shall annually develop separate
11 lists of recommended projects for Regional Transportation
12 Grants and Local Transportation Management Grants for approval
13 by the Secretary of Transportation. Upon approval, the
14 secretary shall submit the approved list for the Legislature's
15 consideration for inclusion in the General Appropriations Act.
16 (b) In selecting projects for inclusion on its two
17 recommended projects lists, the council shall consider the
18 additional criteria in ss. 339.143(5) and 339.144(3),
19 depending on the grant program.
20 (10) The council is encouraged to seek input from
21 transportation or economic development entities and to
22 consider the reports and recommendations of task forces, study
23 commissions, or similar entities charged with reviewing issues
24 relevant to the council's mission.
25 (11) The council's recommended projects lists shall
26 not be ranked. Each list of projects shall total an amount
27 that is no more than 1.5 times the amount of state funding
28 available for the total regional transportation program that
29 fiscal year.
30 (12) The Legislature shall consider the council's
31 recommended projects lists and shall include approved projects
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1 in the General Appropriations Act. Projects approved by the
2 Legislature must be included in the department's adopted work
3 program.
4 (13) For fiscal years 2003-2004 and 2004-2005, the
5 department shall allocate a minimum of $92 million from the
6 State Transportation Trust Fund in its program and resource
7 plan to fund the programs in ss. 339.141-339.144. Of that
8 amount, a minimum of $62 million shall be awarded to projects
9 seeking Regional Transportation Grants. A maximum of $30
10 million shall be awarded to projects seeking Local
11 Transportation Management Grants. For fiscal year 2005-2006,
12 the department shall allocate a minimum of $100 million for
13 the programs in ss. 339.141-339.144. Of that amount, a maximum
14 of $4 million shall be awarded to projects seeking Local
15 Transportation Management Grants. Beginning in fiscal year
16 2006-2007 and for each year thereafter, the minimum amount
17 allocated shall be $100 million for projects seeking Regional
18 Transportation Grants. This allocation of funds is in addition
19 to any funding provided to this program by any other provision
20 of law. Notwithstanding any other laws to the contrary, the
21 requirements of ss. 339.135(1)-(5), 339.155, and 339.175 shall
22 not apply to these funds and programs.
23 Section 2. Section 339.142, Florida Statutes, is
24 created to read:
25 339.142 Regional transportation corridors.--
26 (1) A "regional transportation corridor" is defined as
27 a regional system of transportation infrastructure that
28 collectively provides for the efficient movement of
29 significant numbers of persons and significant volumes of
30 intrastate, interstate, and international commerce by
31 seamlessly linking multiple modes of travel.
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1 (2) Florida's initial regional transportation
2 corridors are:
3 (a) The Interstate 10 Corridor, from Pensacola to
4 Jacksonville.
5 (b) The Gulf Coast Corridor, from Pensacola to St.
6 Petersburg and to Tampa along U.S. 98 and U.S. 19/State Road
7 27.
8 (c) The Interstate 95-Atlantic Coast Corridor, from
9 Jacksonville to Miami.
10 (d) The Central Florida/North-South Corridor, from the
11 Florida-Georgia border to Naples and Fort Lauderdale/Miami,
12 along Interstate 75.
13 (e) The Central Florida/East-West Corridor, from St.
14 Petersburg to Tampa and to Titusville, along Interstate 275,
15 Interstate 4, and the Beeline Expressway.
16 (f) The Jacksonville to Tampa Corridor, along U.S.
17 301.
18 (g) The Jacksonville to Orlando Corridor, along U.S.
19 17.
20 (h) The Southeastern Everglades Corridor, linking
21 Wildwood, Winter Garden, Orlando, and West Palm Beach via the
22 Florida Turnpike.
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24 For the purposes of this subsection, the term "corridor"
25 includes the roadways linking seaports, commercial service and
26 general aviation airports, rail yards, transportation
27 terminals, and intermodal service centers to the major
28 highways listed in this subsection to designate regional
29 corridors.
30 (3) The Regional Transportation Advisory Council is
31 authorized to make additions to, deletions from, or
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1 modifications to the initially designated corridors listed in
2 subsection (2). These changes shall be accomplished through
3 adoption of a resolution by majority vote of the council
4 indicating the changes to the corridors. The department may
5 provide input to the council regarding proposed changes to the
6 corridors, including the results of any consensus-building
7 process undertaken by the department to better define regional
8 transportation corridors. In addition, any of the entities
9 eligible to submit an application for a Regional
10 Transportation Grant pursuant to s. 339.141(7)(a) may propose
11 corridor changes to the council. The council shall provide any
12 such adopted resolutions to the Governor, the President of the
13 Senate, and the Speaker of the House of Representatives.
14 Section 3. Section 339.143, Florida Statutes, is
15 created to read:
16 339.143 Regional Transportation Grant program.--
17 (1) The Legislature finds that Florida's future
18 regional investments in transportation should be targeted
19 toward a regional transportation system that integrates key
20 components of the Florida Intrastate Highway System, seaports,
21 spaceports, aviation facilities, and rail facilities within
22 designated corridors. The Legislature further finds that
23 Florida's future economic health depends on a system that can
24 successfully move growing numbers of residents and tourists
25 and transport goods and services within Florida, as well as to
26 and from national and international markets. Therefore, the
27 Legislature creates the Regional Transportation Grant program
28 to address these needs and to supplement existing related
29 transportation programs.
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1 (2) Projects eligible to receive Regional
2 Transportation Grants include, but are not limited to, the
3 following:
4 (a) Seaport projects that improve cargo and passenger
5 movements or connect the seaports to other modes of
6 transportation.
7 (b) Aviation projects that increase passenger
8 enplanements and cargo activity or connect airports to other
9 modes of transportation.
10 (c) Transit projects that improve mobility on
11 interstate highways, improve regional or localized travel, or
12 connect to other modes of transportation.
13 (d) Rail projects that facilitate the movement of
14 passengers and cargo, including ancillary pedestrian
15 facilities, or that connect rail facilities to other modes of
16 transportation.
17 (e) Road or highway improvements that improve access
18 to another mode of transportation.
19 (f) Roadway relocation projects or other projects that
20 address vehicle user conflicts, access issues, or safety
21 concerns with rail lines.
22 (3) The basic criteria for receipt of a Regional
23 Transportation Grant are as follows:
24 (a) The project must be able to be made
25 production-ready within a 5-year period following the end of
26 the current fiscal year.
27 (b) The project must be consistent with a current
28 transportation system plan, including, but not limited to, the
29 Florida Intrastate Highway System, aviation, intermodal/rail,
30 seaport, spaceport, or transit system plans.
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1 (c) The project must not be inconsistent with an
2 approved local comprehensive plan of any local government
3 within whose boundaries the project is located in whole or in
4 part, or, if inconsistent, must be accompanied by an
5 explanation of why the project should be undertaken.
6 (d) The project must be of statewide or regional
7 significance.
8 (e) The project must facilitate the movement of
9 people, goods, and services within a regional transportation
10 corridor designated pursuant to s. 339.142.
11 (f) The project must encourage, enhance, or create
12 economic benefits in urban or rural areas.
13 (4) Eligible projects that meet the basic criteria in
14 subsection (3) as determined by the department shall be
15 forwarded by the department to the Regional Transportation
16 Advisory Council for evaluation.
17 (5) The council shall use the following criteria for
18 selecting projects for its recommended projects list:
19 (a) Whether other funds are available to help complete
20 the project.
21 (b) The amount of local, federal, or private matching
22 funds available for the project.
23 (c) The extent to which the project incorporates
24 corridor management techniques, including access management
25 strategies, right-of-way acquisition or protection measures,
26 and appropriate zoning and setback controls.
27 (d) The extent to which the project supports a
28 multimodal transportation district established pursuant to s.
29 163.3180(15).
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1 (e) The extent to which the project uses new
2 technologies, including intelligent transportation systems, to
3 enhance the efficiency of the transportation system.
4 (6) Pursuant to s. 339.141, the Regional
5 Transportation Advisory Council shall develop a list of
6 recommended regional transportation projects and submit it to
7 the Secretary of Transportation for approval. Upon approval,
8 the secretary shall submit the approved list to the
9 Legislature. The Legislature shall consider the council's
10 recommended projects list and shall include approved projects
11 in the General Appropriations Act.
12 Section 4. Section 339.144, Florida Statutes, is
13 created to read:
14 339.144 Local Transportation Management Grant
15 program.--
16 (1) The Legislature finds that while planning and
17 financing a statewide transportation system is of primary
18 importance to Florida's economic well-being and public safety,
19 the state also has a responsibility to share in the costs of
20 addressing the mobility needs of Florida's local and
21 metropolitan areas. The Legislature further finds that a local
22 transportation management grant program, in conjunction with
23 other existing programs, is necessary to financially assist
24 local governments in planning and building transportation
25 systems that encourage sound planning practices, promote
26 economic development, and encourage connectivity with state
27 transportation infrastructure. Therefore, the Legislature
28 creates the Local Transportation Management Grant program.
29 (2) The basic criteria for receipt of a Local
30 Transportation Management Grant are as follows:
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1 (a) The project must be able to be made
2 production-ready within a 5-year period following the end of
3 the current fiscal year.
4 (b) The project must be consistent with a current
5 state, regional, or local transportation system plan.
6 (c) The project must not be inconsistent with an
7 approved local comprehensive plan of any local government
8 within whose boundaries the project is located in whole or in
9 part, or, if inconsistent, must be accompanied by an
10 explanation of why the project should be undertaken.
11 (3) Projects that meet the basic criteria in
12 subsection (2) as determined by the department shall be
13 forwarded by the department to the appropriate legislative
14 delegation. The delegation shall evaluate the applications for
15 projects within its particular county based on the following
16 criteria:
17 (a) The extent to which the project provides
18 intermodal access benefits.
19 (b) The extent to which the project facilitates the
20 movement of people, goods, and services on a designated
21 regional transportation corridor.
22 (c) The extent to which the project encourages,
23 enhances, or creates economic benefits in urban or rural
24 areas.
25 (d) The extent to which the county has enacted local
26 option fuel taxes and other dedicated local revenue sources or
27 adopted the 1-percent infrastructure sales surtax or the small
28 county surtax, with priority spending dedicated to
29 transportation improvements.
30 (e) The extent to which the project helps to maintain
31 or protect the environment, enhances existing public
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1 investments in transportation infrastructure, or encourages
2 redevelopment and revitalization of downtown areas.
3 (f) Whether other funds are available to help complete
4 the project.
5 (g) The amount of local, federal, or private matching
6 funds available for the project.
7 (h) The extent to which the project incorporates
8 corridor management techniques, including access management
9 strategies, right-of-way acquisition or protection measures,
10 and appropriate zoning and setback controls.
11 (i) The extent to which the project supports a
12 multimodal transportation district established pursuant to s.
13 163.3180(15).
14 (j) The extent to which the project uses new
15 technologies, including intelligent transportation systems, to
16 enhance the efficiency of the transportation system.
17 (k) The extent to which the project serves as an
18 evacuation route, handles high levels of agricultural travel,
19 or is considered a major arterial route. For projects under
20 this paragraph, the physical condition of the road also may be
21 considered.
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23 Each legislative delegation shall rank its county's projects
24 and send its list of rankings to the Regional Transportation
25 Advisory Council by January 15 of each year, beginning in
26 2003.
27 (4) Pursuant to s. 339.141, the Regional
28 Transportation Advisory Council shall develop an unranked list
29 of recommended Local Transportation Management Grant projects,
30 based on its evaluation of the criteria in subsection (3) and
31 the recommendations from the county legislative delegations.
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1 The council shall submit the recommended projects list to the
2 Legislature by February 15 of each year, beginning in 2003.
3 The Legislature shall consider the council's recommended
4 projects list and shall include approved projects in the
5 General Appropriations Act.
6 (5) The grant program shall provide a 50-percent state
7 match for project costs of selected projects within a county
8 with a population of 75,000 or more, and a 75-percent match
9 for projects within counties with a population of less than
10 75,000. The match requirement may be waived for rural areas
11 pursuant to s. 288.06561.
12 Section 5. Subsections (1) and (2) of section 339.08,
13 Florida Statutes, are amended to read:
14 339.08 Use of moneys in State Transportation Trust
15 Fund.--
16 (1) The department shall expend by rule provide for
17 the expenditure of the moneys in the State Transportation
18 Trust Fund accruing to the department, in accordance with its
19 annual budget.
20 (2) These rules must restrict The use of such moneys
21 is restricted to the following purposes:
22 (a) To pay administrative expenses of the department,
23 including administrative expenses incurred by the several
24 state transportation districts, but excluding administrative
25 expenses of commuter rail authorities that do not operate rail
26 service.
27 (b) To pay the cost of construction of the State
28 Highway System.
29 (c) To pay the cost of maintaining the State Highway
30 System.
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1 (d) To pay the cost of public transportation projects
2 in accordance with chapter 341 and ss. 332.003-332.007.
3 (e) To reimburse counties or municipalities for
4 expenditures made on projects in the State Highway System as
5 authorized by s. 339.12(4) upon legislative approval.
6 (f) To pay the cost of economic development
7 transportation projects in accordance with s. 288.063.
8 (g) To lend or pay a portion of the operating,
9 maintenance, and capital costs of a revenue-producing
10 transportation project that is located on the State Highway
11 System or that is demonstrated to relieve traffic congestion
12 on the State Highway System.
13 (h) To match any federal-aid funds allocated for any
14 other transportation purpose, including funds allocated to
15 projects not located in the State Highway System.
16 (i) To pay the cost of county road projects selected
17 in accordance with the Small County Road Assistance Program
18 created in s. 339.2816.
19 (j) To pay the cost of county or municipal road
20 projects selected in accordance with the Local Transportation
21 Management Grant program created pursuant to s. 339.144 County
22 Incentive Grant Program created in s. 339.2817 and the Small
23 County Outreach Program created in s. 339.2818.
24 (k) To provide loans and credit enhancements for use
25 in constructing and improving highway transportation
26 facilities selected in accordance with the state-funded
27 infrastructure bank created in s. 339.55.
28 (l) To fund the Regional Transportation Grant projects
29 selected pursuant to s. 339.143 Transportation Outreach
30 Program created in s. 339.137.
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1 (m) To pay other lawful expenditures of the
2 department.
3 Section 6. Section 339.1371, Florida Statutes, is
4 amended to read:
5 339.1371 Mobility 2000; Transportation Outreach
6 Program; funding.--
7 (1) Beginning in fiscal year 2000-2001 the Department
8 of Transportation shall allocate sufficient funds to implement
9 the Mobility 2000 (Building Roads for the 21st Century)
10 initiative. The department shall develop a plan to expend
11 these revenues and amend the current tentative work program
12 for the time period 2000-2001 through 2004-2005 prior to
13 adoption to include Mobility 2000 projects. In addition, prior
14 to work program adoption, the department shall submit a budget
15 amendment pursuant to s. 339.135(7), requesting budget
16 authority needed to implement the Mobility 2000 initiative.
17 Funds will be used for corridors that link Florida's economic
18 regions to seaports, international airports, and markets to
19 provide connections through major gateways, improved mobility
20 in major urbanized areas, and access routes for emergency
21 evacuation to coastal communities based on analysis of current
22 and projected traffic conditions.
23 (2) Notwithstanding any other provision of law, in
24 fiscal year 2001-2002 and each year thereafter, the increase
25 in revenue to the State Transportation Trust Fund derived from
26 ss. 1, 2, 3, 7, 9, and 10, ch. 2000-257, Laws of Florida,
27 shall be first used by the Department of Transportation to
28 fund the Mobility 2000 initiative and any remaining funds
29 shall be used to fund the Transportation Outreach Program
30 created pursuant to s. 339.137. Notwithstanding any other law
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1 to the contrary, the requirements of ss. 206.46(3) and
2 206.606(2) shall not apply to the Mobility 2000 initiative.
3 Section 7. Subsection (3) of section 215.211, Florida
4 Statutes, is amended to read:
5 215.211 Service charge; elimination or reduction for
6 specified proceeds.--
7 (3) Notwithstanding the provisions of s. 215.20(1),
8 the service charge provided in s. 215.20(1), which is deducted
9 from the proceeds of the local option fuel tax distributed
10 under s. 336.025, shall be reduced as follows:
11 (a) For the period July 1, 2005, through June 30,
12 2006, the rate of the service charge shall be 3.5 percent.
13 (b) Beginning July 1, 2006, and thereafter, no service
14 charge shall be deducted from the proceeds of the local option
15 fuel tax distributed under s. 336.025.
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17 An amount equal to the reduction in the service charge The
18 increased revenues derived from this subsection shall be
19 deposited in the State Transportation Trust Fund and used to
20 fund the projects selected under the Local Transportation
21 Management Grant program created pursuant to s. 339.144 County
22 Incentive Grant Program and the Small County Outreach Program.
23 Up to 20 percent of such funds shall be used for the purpose
24 of implementing the Small County Outreach Program as provided
25 in this act. Notwithstanding any other laws to the contrary,
26 the requirements of ss. 206.46(3), 206.606(2), 339.135(1)-(5),
27 339.155, and 339.175 shall not apply to these funds and
28 programs.
29 Section 8. Sections 339.137, 339.2817, and 339.2818,
30 Florida Statutes, are repealed.
31 Section 9. This act shall take effect July 1, 2002.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 480
3
4 This CS creates the Regional Transportation Act dedicated to
identifying and funding high-priority regional transportation
5 projects. The CS creates the Regional Transportation Advisory
Council, to be comprised of the Florida Department of
6 Transportation (FDOT) secretary or a designee; a sitting
member appointed by the Speaker of the House of
7 Representatives; and a sitting member appointed by the
President of the Senate. The CS creates the Regional
8 Transportation Grant program and the Local Transportation
Management Grant program, and requires the Council to evaluate
9 project applications, and to submit an unranked list of
Regional Transportation Grant projects and an unranked list of
10 Local Transportation Management Grant projects to the FDOT
secretary for final approval. Upon approval the secretary
11 submits the list of projects to the Legislature by February 15
of each year, beginning in 2003.
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The CS creates s. 339.142, F.S., listing eight "regional
13 transportation corridors," and repeals the Transportation
Outreach Program, the County Improvement Grant Program, and
14 the Small County Outreach Program.
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