HB 1425 2003
1	A bill to be entitled
2	An act relating to metropolitan planning organizations;
3	amending s. 120.52, F.S.; revising the definition of
4	"agency" for the purposes of the Administrative Procedure
5	Act; providing that certain metropolitan planning
6	organizations and certain described legal or
7	administrative agencies are not agencies for the purposes
8	of that act; amending s. 339.175, F.S.; clarifying a
9	provision that M.P.O.'s be designated for each urbanized
10	area; revising provisions for chair's coordinating
11	committees; providing for a chair's coordinating committee
12	consisting of designated M.P.O.'s; providing legislative
13	findings; authorizing an M.P.O. to enter into interlocal
14	agreement with any other M.P.O. or any political
15	subdivision for described purposes; providing for content
16	of such agreement; providing conditions for such agreement
17	to take effect; providing for recording of such agreements
18	in public records; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	WHEREAS, in pursuit of the implementation of federal law
23	and pursuant to s. 339.175, Florida Statutes, metropolitan
24	planning organizations (M.P.O.'s) are created by interlocal
25	agreement between the Department of Transportation, acting on
26	behalf of the Office of the Governor, and various local
27	government entities primarily, including counties and
28	municipalities, and
29	WHEREAS, local governments, such as counties and
30	municipalities, are not "agencies" pursuant to, and are
31	consequently exempt from, chapter 120, Florida Statutes, the
32	Administrative Procedure Act, and
33	WHEREAS, it is only because the Department of
34	Transportation, a state agency subject to the Administrative
35	Procedure Act, is a party to the interlocal agreement creating
36	M.P.O.'s that M.P.O.'s are defined as "agencies" pursuant to the
37	Administrative Procedure Act, and therefore made subject to the
38	act, and
39	WHEREAS, most M.P.O.'s have jurisdiction within only a
40	single county, and
41	WHEREAS, M.P.O.'s are essentially nonregulatory
42	organizations, and
43	WHEREAS, most of the membership of an M.P.O. consists of
44	county commissioners and city commissioners, and
45	WHEREAS, citizens, attorneys, and others dealing with
46	M.P.O.'s are generally unfamiliar with the Administrative
47	Procedure Act, and
48	WHEREAS, the Administrative Procedure Act has caused
49	confusion and created additional bureaucracy for local
50	government officials and the general public, a result that the
51	act was specifically intended to avoid, and
52	WHEREAS, because of the essentially nonregulatory, local
53	governmental nature of M.P.O.'s, M.P.O.'s and citizens dealing
54	with M.P.O.'s will be better served by having M.P.O.'s exempted
55	from the Administrative Procedure Act, and
56	WHEREAS, towards the implementation of federal law and
57	pursuant to s. 339.175, Florida Statutes, providing for the
58	creation of Metropolitan Planning Organizations "to encourage
59	and promote the safe and efficient management, operation, and
60	development of surface transportation systems that will serve
61	the mobility needs of people and freight within and through
62	urbanized areas of this state while minimizing transportation-
63	related fuel consumption and air pollution," and
64	WHEREAS, Florida law provides for various local
65	governmental entities (primarily counties, municipalities, and
66	certain intermodal agencies) to combine together as an M.P.O.
67	for transportation planning and development purposes, and
68	WHEREAS, Florida law provides for all M.P.O.'s to combine
69	as a statewide council to collectively provide for
70	transportation planning and development purposes, and
71	WHEREAS, there is no specific provision of state law which
72	specifically provides for individual M.P.O.'s or local
73	governmental entities to join together for the purpose of
74	coordinating transportation planning and development on a
75	regional basis, and
76	WHEREAS, it is the purpose of this act to provide a
77	nonexclusive means for individual M.P.O.'s and local
78	governmental entities to work together for the purpose of
79	coordinating transportation planning and development on a
80	regional basis, and
81	WHEREAS, it is the intent of the Legislature that this act
82	shall in no way limit other legal methods or procedures
83	currently existing or which may hereinafter be provided for
84	permitting M.P.O.'s and local governmental entities to join
85	together for the purpose of coordinating transportation planning
86	and development on a regional basis, NOW, THEREFORE,
87
88	Section 1. Subsection (1) of section 120.52, Florida
89	Statutes, is amended to read:
90	120.52 Definitions.--As used in this act:
91	(1) "Agency" means:
92	(a) The Governor in the exercise of all executive powers
93	other than those derived from the constitution.
94	(b) Each:
95	1. State officer and state department, and each
96	departmental unit described in s. 20.04.
97	2. Authority, including a regional water supply authority.
98	3. Board.
99	4. Commission, including the Commission on Ethics and the
100	Fish and Wildlife Conservation Commission when acting pursuant
101	to statutory authority derived from the Legislature.
102	5. Regional planning agency.
103	6. Multicounty special district with a majority of its
104	governing board comprised of nonelected persons.
105	7. Educational units.
106	8. Entity described in chapters 163, 373, 380, and 582 and
107	s. 186.504.
108	(c) Each other unit of government in the state, including
109	counties and municipalities, to the extent they are expressly
110	made subject to this act by general or special law or existing
111	judicial decisions.
112
113	This definition does not include any legal entity or agency
114	created in whole or in part pursuant to chapter 361, part II, a
115	metropolitan planning organization created pursuant to s.
116	339.175, any separate legal or administrative entity of which a
117	metropolitan planning organization is a member, which separate
118	legal or administrative entity is created pursuant to s.
119	339.175,an expressway authority pursuant to chapter 348, any
120	legal or administrative entity created by an interlocal
121	agreement pursuant to s. 163.01(7), unless any party to such
122	agreement is otherwise an agency as defined in this subsection,
123	or any multicounty special district with a majority of its
124	governing board comprised of elected persons; however, this
125	definition shall include a regional water supply authority.
126	Section 2. Paragraph (a) of subsection (1) and paragraph
127	(h) of subsection (5) of section 339.175, Florida Statutes, are
128	amended, and paragraph (i) is added to said subsection (5), to
129	read:
130	339.175 Metropolitan planning organization.--It is the
131	intent of the Legislature to encourage and promote the safe and
132	efficient management, operation, and development of surface
133	transportation systems that will serve the mobility needs of
134	people and freight within and through urbanized areas of this
135	state while minimizing transportation-related fuel consumption
136	and air pollution. To accomplish these objectives, metropolitan
137	planning organizations, referred to in this section as M.P.O.'s,
138	shall develop, in cooperation with the state and public transit
139	operators, transportation plans and programs for metropolitan
140	areas. The plans and programs for each metropolitan area must
141	provide for the development and integrated management and
142	operation of transportation systems and facilities, including
143	pedestrian walkways and bicycle transportation facilities that
144	will function as an intermodal transportation system for the
145	metropolitan area, based upon the prevailing principles provided
146	in s. 334.046(1). The process for developing such plans and
147	programs shall provide for consideration of all modes of
148	transportation and shall be continuing, cooperative, and
149	comprehensive, to the degree appropriate, based on the
150	complexity of the transportation problems to be addressed.
151	(1) DESIGNATION.--
152	(a)1. An M.P.O. shall be designated for each urbanized
153	area of the state; however, this provision shall not require
154	that an individual M.P.O. be designated for each individual
155	urbanized area of the state. Such designation shall be
156	accomplished by agreement between the Governor and units of
157	general-purpose local government representing at least 75
158	percent of the population of the urbanized area; however, the
159	unit of general-purpose local government that represents the
160	central city or cities within the M.P.O. jurisdiction, as
161	defined by the United States Bureau of the Census, must be a
162	party to such agreement.
163	2. More than one M.P.O. may be designated within an
164	existing metropolitan planning area only if the Governor and the
165	existing M.P.O. determine that the size and complexity of the
166	existing metropolitan planning area makes the designation of
167	more than one M.P.O. for the area appropriate.
168
169	Each M.P.O. required under this section must be fully operative
170	no later than 6 months following its designation.
171	(5) POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
172	privileges, and authority of an M.P.O. are those specified in
173	this section or incorporated in an interlocal agreement
174	authorized under s. 163.01. Each M.P.O. shall perform all acts
175	required by federal or state laws or rules, now and subsequently
176	applicable, which are necessary to qualify for federal aid. It
177	is the intent of this section that each M.P.O. shall be involved
178	in the planning and programming of transportation facilities,
179	including, but not limited to, airports, intercity and high-
180	speed rail lines, seaports, and intermodal facilities, to the
181	extent permitted by state or federal law.
182	(h) There shall exist a chair's coordinating committee
183	consisting of the M.P.O.'s serving Hernando, Hillsborough,
184	Manatee, Pasco, Pinellas, Polk, and Sarasota CountiesAny group
185	of M.P.O.'s which has created a chair's coordinating committee
186	as of the effective date of this act and is located within the
187	same Department of Transportation District which is comprised of
188	four adjacent M.P.O.'s must continue such committee as provided
189	for in this section. Such committee must also include one
190	representative from each M.P.O. contiguous to the geographic
191	boundaries of the original committee. The committee must, at a
192	minimum:
193	1. Coordinate transportation projects deemed to be
194	regionally significant by the committee.
195	2. Review the impact of regionally significant land use
196	decisions on the region.
197	3. Review all proposed regionally significant
198	transportation projects in the respective transportation
199	improvement programs which affect more than one of the M.P.O.'s
200	represented on the committee.
201	4. Institute a conflict resolution process to address any
202	conflict that may arise in the planning and programming of such
203	regionally significant projects.
204	(i)1. Findings and intent.--The Legislature finds that
205	Florida's rapid growth in recent decades has caused many
206	urbanized areas subject to M.P.O. jurisdiction to become
207	contiguous to one another. As a result, various needed
208	transportation projects will likely cross from the jurisdiction
209	of one M.P.O. into the jurisdiction of another M.P.O. To more
210	fully accomplish the purposes for which M.P.O.'s have been
211	mandated pursuant to federal law, the Legislature finds that
212	various M.P.O.'s will need to develop coordination mechanisms
213	with one another in an effort to expand and improve
214	transportation within the state. The Legislature recognizes that
215	the appropriate method of coordination between M.P.O.'s will
216	vary depending upon the project involved and given local and
217	regional needs. Consequently, the Legislature finds it
218	appropriate to set forth a flexible methodology that can be
219	utilized by M.P.O.'s to coordinate with other M.P.O.'s and
220	appropriate political subdivisions as circumstances demand.
221	2. Interlocal coordination.--Any M.P.O. is authorized to
222	join with any other M.P.O. or any individual political
223	subdivision for the purpose of coordination of activities or
224	toward the achievement of an activity or activities of any
225	federal or state transportation planning or development goal or
226	purpose consistent with federal or state law. When an M.P.O.
227	determines that it is appropriate to join with any other M.P.O.
228	or any political subdivision for the purpose of coordination of
229	activities, the M.P.O. or political subdivision shall effectuate
230	coordination by entering into an interlocal agreement pursuant
231	to s. 163.01, which agreement shall, at a minimum:
232	a. Create a separate legal or administrative entity for
233	coordination of the transportation planning or development
234	activities intended to achieve the goal or purpose.
235	b. Provide the purpose for which the entity is created.
236	c. Provide the duration of the agreement and the entity,
237	and how the agreement may be terminated, modified, or rescinded.
238	d. Describe the precise organization of the entity, who
239	shall have voting rights on the governing board, whether
240	alternate voting members shall be provided for, how voting
241	members shall be appointed, and what the relative voting
242	strength of each constituent M.P.O. or political subdivision
243	shall be.
244	e. Specify the manner in which the parties to an
245	interlocal agreement will provide from their treasuries for the
246	financial support of the entity and payment of costs and
247	expenses of the entity.
248	f. Specify the manner in which funds may be paid to and
249	disbursed from the entity.
250	g. Specify how members of the entity shall resolve any
251	disagreement between themselves with regard to interpretation of
252	the interlocal agreement or dispute relating to the operation of
253	the entity.
254
255	Any interlocal agreement entered into pursuant to this
256	subparagraph shall become effective only upon its recordation in
257	the official public records of each county in which a member of
258	the entity created by the interlocal agreement shall have a
259	voting member. Nothing in this paragraph shall be interpreted or
260	construed to require any two or more M.P.O.'s to merge, combine,
261	or otherwise join together as a single M.P.O.
262	Section 3. This act shall take effect upon becoming a law.