HB 1477

CS

CHAMBER ACTION

1	The Committee on Transportation recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to transportation facilities; amending s.
7	206.608, F.S.; removing certain restrictions on use of
8	specified proceeds in the State Transportation Trust Fund;
9	amending s. 215.211, F.S.; revising use of certain
10	proceeds of the local option fuel tax; providing for
11	distribution of such funds to the Transportation Rural
12	Initiative Program and to counties; amending s. 339.08,
13	F.S.; revising provisions for use of moneys in the State
14	Transportation Trust Fund; providing for use of such funds
15	for projects on the Strategic Intermodal System, the
16	Regional Transportation Incentive Program, and the
17	Transportation Rural Initiative Program; amending s.
18	339.135, F.S.; revising provisions for use of new
19	discretionary highway capacity funds; providing for
20	allocation of such funds to the Strategic Intermodal
21	System and the Regional Transportation Incentive Program;
22	repealing s. 339.137, F.S., relating to the Transportation
23	Outreach Program; amending s. 339.1371, F.S.; removing
24	provisions to fund the Transportation Outreach Program;
25	amending s. 339.175, F.S.; revising planning procedures of
26	metropolitan planning organizations; requiring development
27	of plans and programs that identify transportation
28	facilities that should function as an integrated
29	metropolitan planning system; requiring that the approved
30	list of project priorities include projects on the
31	Strategic Intermodal System and projects funded through
32	the Regional Transportation Incentive Program; repealing
33	s. 339.2816, F.S., relating to the Small County Road
34	Assistance Program; amending s. 339.2817, F.S.; renaming
35	the County Incentive Grant Program as the Regional
36	Transportation Incentive Program; revising purpose of the
37	program; providing funds to regional transportation areas;
38	providing that such funds shall pay for regional projects;
39	providing criteria for projects to be funded; providing
40	for the Department of Transportation to determine
41	boundaries of regional transportation areas by rule;
42	providing procedures, timeframes, and criteria; providing
43	criteria for development of regional transportation
44	programs; providing for interlocal agreements in
45	development of regional transportation improvement
46	programs; providing criteria for such agreements;
47	providing for the allocation of certain funds to the
48	Regional Transportation Incentive Program; amending s.
49	339.2818, F.S.; renaming the Small County Outreach Program
50	as the Transportation Rural Initiative Program; revising
51	purposes of the program; defining "economically distressed
52	rural county"; providing for funds in the State
53	Transportation Trust Fund to be used for the program;
54	providing that economically distressed rural counties
55	shall be eligible to compete for funds for projects on
56	county roads; providing for basis of matching funds;
57	providing for review by the Rural Economic Development
58	Initiative of projects proposed for funding; amending s.
59	339.55, F.S.; providing that the state-funded
60	infrastructure bank may lend capital costs or provide
61	credit enhancements for Regional Transportation Incentive
62	Program projects; revising criteria to be eligible for
63	consideration by the bank; requiring that Regional
64	Transportation Incentive Program projects match a certain
65	amount of the loan from the bank; providing an effective
66	date.
67
68	Be It Enacted by the Legislature of the State of Florida:
69
70	Section 1.  Subsection (2) of section 206.608, Florida
71	Statutes, is amended to read:
72	206.608  State Comprehensive Enhanced Transportation System
73	Tax; deposit of proceeds; distribution.--Moneys received
74	pursuant to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited
75	in the Fuel Tax Collection Trust Fund, and, after deducting the
76	service charge imposed in chapter 215 and administrative costs
77	incurred by the department in collecting, administering,
78	enforcing, and distributing the tax, which administrative costs
79	may not exceed 2 percent of collections, shall be distributed as
80	follows:
81	(2)  The remaining proceeds of the tax levied pursuant to
82	s. 206.41(1)(f) and all of the proceeds from the tax imposed by
83	s. 206.87(1)(d) shall be transferred into the State
84	Transportation Trust Fund, and may be used only for projects in
85	the adopted work program in the district in which the tax
86	proceeds are collected and, to the maximum extent feasible, such
87	moneys shall be programmed for use in the county where
88	collected. However, no revenue from the taxes imposed pursuant
89	to ss. 206.41(1)(f) and 206.87(1)(d) in a county shall be
90	expended unless the projects funded with such revenues have been
91	included in the work program adopted pursuant to s. 339.135.
92	Section 2.  Subsection (3) of section 215.211, Florida
93	Statutes, is amended to read:
94	215.211  Service charge; elimination or reduction for
95	specified proceeds.--
96	(3)  Notwithstanding the provisions of s. 215.20(1), the
97	service charge provided in s. 215.20(1), which is deducted from
98	the proceeds of the local option fuel tax distributed under s.
99	336.025, shall be reduced as follows:
100	(a)  For the period July 1, 2005, through June 30, 2006,
101	the rate of the service charge shall be 3.5 percent.
102	(b)  Beginning July 1, 2006, and thereafter, no service
103	charge shall be deducted from the proceeds of the local option
104	fuel tax distributed under s. 336.025.
105
106	Twenty percent of the increased revenues derived from this
107	subsection shall be deposited in the State Transportation Trust
108	Fund and used to fund the Transportation Rural Initiative
109	Program as outlined in s. 339.2818. The remaining 80 percent of
110	the increased revenues shall be distributed to the county of
111	collection County Incentive Grant Program and the Small County
112	Outreach Program. Up to 20 percent of such funds shall be used
113	for the purpose of implementing the Small County Outreach
114	Program as provided in this act. Notwithstanding any other laws
115	to the contrary, the requirements of ss. 339.135, 339.155, and
116	339.175 shall not apply to these funds and programs.
117	Section 3.  Section 339.08, Florida Statutes, is amended to
118	read:
119	339.08  Use of moneys in State Transportation Trust Fund.--
120	(1)  The department shall expend by rule provide for the
121	expenditure of the moneys in the State Transportation Trust Fund
122	accruing to the department, in accordance with its annual
123	budget.
124	(2)  These rules must restrict The use of such moneys shall
125	be restricted to the following purposes:
126	(a)  To pay administrative expenses of the department,
127	including administrative expenses incurred by the several state
128	transportation districts, but excluding administrative expenses
129	of commuter rail authorities that do not operate rail service.
130	(b)  To pay the cost of construction of the State Highway
131	System.
132	(c)  To pay the cost of maintaining the State Highway
133	System.
134	(d)  To pay the cost of public transportation projects in
135	accordance with chapter 341 and ss. 332.003-332.007.
136	(e)  To reimburse counties or municipalities for
137	expenditures made on projects in the State Highway System as
138	authorized by s. 339.12(4) upon legislative approval.
139	(f)  To pay the cost of economic development transportation
140	projects in accordance with s. 288.063.
141	(g)  To lend or pay a portion of the operating,
142	maintenance, and capital costs of a revenue-producing
143	transportation project that is located on the State Highway
144	System or that is demonstrated to relieve traffic congestion on
145	the State Highway System.
146	(h)  To match any federal-aid funds allocated for any other
147	transportation purpose, including funds allocated to projects
148	not located in the State Highway System.
149	(i)  To pay the cost of county road projects on the
150	Strategic Intermodal System designated pursuant to s. 339.61
151	selected in accordance with the Small County Road Assistance
152	Program created in s. 339.2816.
153	(j)  To pay the cost of county or municipal road projects
154	selected in accordance with the Regional Transportation County
155	Incentive Grant Program created in s. 339.2817 and the
156	Transportation Rural Initiative Small County Outreach Program
157	created in s. 339.2818.
158	(k)  To provide loans and credit enhancements for use in
159	constructing and improving highway transportation facilities
160	selected in accordance with the state-funded infrastructure bank
161	created in s. 339.55.
162	(l)  To fund the Transportation Outreach Program created in
163	s. 339.137.
164	(l)(m)  To pay other lawful expenditures of the department.
165	(2)(3)  Unless specifically provided in the General
166	Appropriations Act or the substantive bill implementing the
167	General Appropriations Act, no moneys in the State
168	Transportation Trust Fund may be used to fund the operational or
169	capital outlay cost for any correctional facility of the
170	Department of Corrections. The department shall, however, enter
171	into contractual arrangements with the Department of Corrections
172	for those specific maintenance functions that can be performed
173	effectively by prison inmates under the supervision of
174	Department of Corrections personnel with technical assistance
175	being provided by the department. The cost of such contracts
176	must not exceed the cost that would be incurred by the
177	department if these functions were to be performed by its
178	personnel or by contract with another entity unless,
179	notwithstanding cost, the department can clearly demonstrate
180	that for reasons of expediency or efficiency it is in the best
181	interests of the department to contract with the Department of
182	Corrections.
183	(3)(4)  The department may authorize the investment of the
184	earnings accrued and collected upon the investment of the
185	minimum balance of funds required to be maintained in the State
186	Transportation Trust Fund pursuant to s. 339.135(6)(b). Such
187	investment shall be limited as provided in s. 288.9607(7).
188	(4)(5)  For the 2003-2004 fiscal year only and
189	notwithstanding the provisions of this section and s. 339.09(1),
190	$200 million may be transferred from the State Transportation
191	Trust Fund to the General Revenue Fund in the 2003-2004 General
192	Appropriations Act. Such transfer may be comprised of several
193	smaller transfers made during the 2003-2004 fiscal year.
194	Notwithstanding ss. 206.46(3) and 206.606(2), the total amount
195	transferred shall be reduced from total state revenues deposited
196	into the State Transportation Trust Fund for the calculation
197	requirements of ss. 206.46(3) and 206.606(2). This subsection
198	expires July 1, 2004.
199	Section 4.  Paragraph (a) of subsection (4) of section
200	339.135, Florida Statutes, is amended to read:
201	339.135  Work program; legislative budget request;
202	definitions; preparation, adoption, execution, and amendment.--
203	(4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
204	(a)1.  To assure that no district or county is penalized
205	for local efforts to improve the State Highway System, the
206	department shall, for the purpose of developing a tentative work
207	program, allocate funds for new construction to the districts,
208	except for the turnpike enterprise, based on equal parts of
209	population and motor fuel tax collections. Funds for
210	resurfacing, bridge repair and rehabilitation, bridge fender
211	system construction or repair, public transit projects except
212	public transit block grants as provided in s. 341.052, and other
213	programs with quantitative needs assessments shall be allocated
214	based on the results of these assessments. The department may
215	not transfer any funds allocated to a district under this
216	paragraph to any other district except as provided in subsection
217	(7). Funds for public transit block grants shall be allocated to
218	the districts pursuant to s. 341.052. Funds for the intercity
219	bus program provided for under s. 5311(f) of the federal
220	nonurbanized area formula program shall be administered and
221	allocated directly to eligible bus carriers as defined in s.
222	341.031(12) at the state level rather than the district. In
223	order to provide state funding to support the intercity bus
224	program provided for under provisions of the federal 5311(f)
225	program, the department shall allocate an amount equal to the
226	federal share of the 5311(f) program from amounts calculated
227	pursuant to s. 206.46(3).
228	2.  Notwithstanding the provisions of subparagraph 1., the
229	department shall allocate at least 50 percent of any new
230	discretionary highway capacity funds to the Strategic Intermodal
231	System designated pursuant to s. 339.61 Florida Intrastate
232	Highway System established pursuant to s. 338.001. The
233	department shall allocate 25 percent of any new discretionary
234	highway capacity funds to the Regional Transportation Incentive
235	Program pursuant to s. 339.2817. Any remaining new discretionary
236	highway capacity funds shall be allocated to the districts for
237	new construction as provided in subparagraph 1. For the purposes
238	of this subparagraph, the term "new discretionary highway
239	capacity funds" means any funds available to the department
240	above the prior year funding level for capacity improvements,
241	which the department has the discretion to allocate to highway
242	projects.
243	Section 5.  Section 339.137, Florida Statutes, is repealed.
244	Section 6.  Section 339.1371, Florida Statutes, is amended
245	to read:
246	339.1371  Mobility 2000; Transportation Outreach Program;
247	funding.--
248	(1)  Beginning in fiscal year 2000-2001 the Department of
249	Transportation shall allocate sufficient funds to implement the
250	Mobility 2000 (Building Roads for the 21st Century) initiative.
251	The department shall develop a plan to expend these revenues and
252	amend the current tentative work program for the time period
253	2000-2001 through 2004-2005 prior to adoption to include
254	Mobility 2000 projects. In addition, prior to work program
255	adoption, the department shall submit a budget amendment
256	pursuant to s. 339.135(7), requesting budget authority needed to
257	implement the Mobility 2000 initiative. Funds will be used for
258	corridors that link Florida's economic regions to seaports,
259	international airports, and markets to provide connections
260	through major gateways, improved mobility in major urbanized
261	areas, and access routes for emergency evacuation to coastal
262	communities based on analysis of current and projected traffic
263	conditions.
264	(2)  Notwithstanding any other provision of law, in fiscal
265	year 2001-2002 and each year thereafter, the increase in revenue
266	to the State Transportation Trust Fund derived from ss. 1, 2, 3,
267	7, 9, and 10, ch. 2000-257, Laws of Florida, shall be first used
268	by the Department of Transportation to fund the Mobility 2000
269	initiative and any remaining funds shall be used to fund the
270	Transportation Outreach Program created pursuant to s. 339.137.
271	Notwithstanding any other law to the contrary, the requirements
272	of ss. 206.46(3) and 206.606(2) shall not apply to the Mobility
273	2000 initiative.
274	Section 7.  Section 339.175, Florida Statutes, is amended
275	to read:
276	339.175  Metropolitan planning organization.--It is the
277	intent of the Legislature to encourage and promote the safe and
278	efficient management, operation, and development of surface
279	transportation systems that will serve the mobility needs of
280	people and freight within and through urbanized areas of this
281	state while minimizing transportation-related fuel consumption
282	and air pollution. To accomplish these objectives, metropolitan
283	planning organizations, referred to in this section as M.P.O.'s,
284	shall develop, in cooperation with the state and public transit
285	operators, transportation plans and programs for metropolitan
286	areas. The plans and programs for each metropolitan area must
287	provide for the development and integrated management and
288	operation of transportation systems and facilities, including
289	pedestrian walkways and bicycle transportation facilities that
290	will function as an intermodal transportation system for the
291	metropolitan area, based upon the prevailing principles provided
292	in s. 334.046(1). The process for developing such plans and
293	programs shall provide for consideration of all modes of
294	transportation and shall be continuing, cooperative, and
295	comprehensive, to the degree appropriate, based on the
296	complexity of the transportation problems to be addressed. To
297	ensure that the M.P.O. process is integrated with the statewide
298	planning process, M.P.O.'s shall develop plans and programs that
299	identify transportation facilities that should function as an
300	integrated metropolitan transportation system, giving emphasis
301	to facilities that serve important national, state, and regional
302	transportation functions. For the purposes of this section,
303	those facilities include the facilities on the Strategic
304	Intermodal System designated pursuant to s. 339.63 and
305	facilities for which  projects have been identified pursuant to
306	s. 339.2817(4).
307	(1)  DESIGNATION.--
308	(a)1.  An M.P.O. shall be designated for each urbanized
309	area of the state; however, this does not require that an
310	individual M.P.O. be designated for each such area. Such
311	designation shall be accomplished by agreement between the
312	Governor and units of general-purpose local government
313	representing at least 75 percent of the population of the
314	urbanized area; however, the unit of general-purpose local
315	government that represents the central city or cities within the
316	M.P.O. jurisdiction, as defined by the United States Bureau of
317	the Census, must be a party to such agreement.
318	2.  More than one M.P.O. may be designated within an
319	existing metropolitan planning area only if the Governor and the
320	existing M.P.O. determine that the size and complexity of the
321	existing metropolitan planning area makes the designation of
322	more than one M.P.O. for the area appropriate.
323	(b)  Each M.P.O. shall be created and operated under the
324	provisions of this section pursuant to an interlocal agreement
325	entered into pursuant to s. 163.01. The signatories to the
326	interlocal agreement shall be the department and the
327	governmental entities designated by the Governor for membership
328	on the M.P.O. If there is a conflict between this section and s.
329	163.01, this section prevails.
330	(c)  The jurisdictional boundaries of an M.P.O. shall be
331	determined by agreement between the Governor and the applicable
332	M.P.O. The boundaries must include at least the metropolitan
333	planning area, which is the existing urbanized area and the
334	contiguous area expected to become urbanized within a 20-year
335	forecast period, and may encompass the entire metropolitan
336	statistical area or the consolidated metropolitan statistical
337	area.
338	(d)  In the case of an urbanized area designated as a
339	nonattainment area for ozone or carbon monoxide under the Clean
340	Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
341	metropolitan planning area in existence as of the date of
342	enactment of this paragraph shall be retained, except that the
343	boundaries may be adjusted by agreement of the Governor and
344	affected metropolitan planning organizations in the manner
345	described in this section. If more than one M.P.O. has authority
346	within a metropolitan area or an area that is designated as a
347	nonattainment area, each M.P.O. shall consult with other
348	M.P.O.'s designated for such area and with the state in the
349	coordination of plans and programs required by this section.
350
351	Each M.P.O. required under this section must be fully operative
352	no later than 6 months following its designation.
353	(2)  VOTING MEMBERSHIP.--
354	(a)  The voting membership of an M.P.O. shall consist of
355	not fewer than 5 or more than 19 apportioned members, the exact
356	number to be determined on an equitable geographic-population
357	ratio basis by the Governor, based on an agreement among the
358	affected units of general-purpose local government as required
359	by federal rules and regulations. The Governor, in accordance
360	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
361	represent municipalities to alternate with representatives from
362	other municipalities within the metropolitan planning area that
363	do not have members on the M.P.O. County commission members
364	shall compose not less than one-third of the M.P.O. membership,
365	except for an M.P.O. with more than 15 members located in a
366	county with a five-member county commission or an M.P.O. with 19
367	members located in a county with no more than 6 county
368	commissioners, in which case county commission members may
369	compose less than one-third percent of the M.P.O. membership,
370	but all county commissioners must be members. All voting members
371	shall be elected officials of general-purpose governments,
372	except that an M.P.O. may include, as part of its apportioned
373	voting members, a member of a statutorily authorized planning
374	board, an official of an agency that operates or administers a
375	major mode of transportation, or an official of the Florida
376	Space Authority. The county commission shall compose not less
377	than 20 percent of the M.P.O. membership if an official of an
378	agency that operates or administers a major mode of
379	transportation has been appointed to an M.P.O.
380	(b)  In metropolitan areas in which authorities or other
381	agencies have been or may be created by law to perform
382	transportation functions and are performing transportation
383	functions that are not under the jurisdiction of a general
384	purpose local government represented on the M.P.O., they shall
385	be provided voting membership on the M.P.O. In all other
386	M.P.O.'s where transportation authorities or agencies are to be
387	represented by elected officials from general purpose local
388	governments, the M.P.O. shall establish a process by which the
389	collective interests of such authorities or other agencies are
390	expressed and conveyed.
391	(c)  Any other provision of this section to the contrary
392	notwithstanding, a chartered county with over 1 million
393	population may elect to reapportion the membership of an M.P.O.
394	whose jurisdiction is wholly within the county. The charter
395	county may exercise the provisions of this paragraph if:
396	1.  The M.P.O. approves the reapportionment plan by a
397	three-fourths vote of its membership;
398	2.  The M.P.O. and the charter county determine that the
399	reapportionment plan is needed to fulfill specific goals and
400	policies applicable to that metropolitan planning area; and
401	3.  The charter county determines the reapportionment plan
402	otherwise complies with all federal requirements pertaining to
403	M.P.O. membership.
404
405	Any charter county that elects to exercise the provisions of
406	this paragraph shall notify the Governor in writing.
407	(d)  Any other provision of this section to the contrary
408	notwithstanding, any county chartered under s. 6(e), Art. VIII
409	of the State Constitution may elect to have its county
410	commission serve as the M.P.O., if the M.P.O. jurisdiction is
411	wholly contained within the county. Any charter county that
412	elects to exercise the provisions of this paragraph shall so
413	notify the Governor in writing. Upon receipt of such
414	notification, the Governor must designate the county commission
415	as the M.P.O. The Governor must appoint four additional voting
416	members to the M.P.O., one of whom must be an elected official
417	representing a municipality within the county, one of whom must
418	be an expressway authority member, one of whom must be a person
419	who does not hold elected public office and who resides in the
420	unincorporated portion of the county, and one of whom must be a
421	school board member.
422	(3)  APPORTIONMENT.--
423	(a)  The Governor shall, with the agreement of the affected
424	units of general-purpose local government as required by federal
425	rules and regulations, apportion the membership on the
426	applicable M.P.O. among the various governmental entities within
427	the area and shall prescribe a method for appointing alternate
428	members who may vote at any M.P.O. meeting that an alternate
429	member attends in place of a regular member. An appointed
430	alternate member must be an elected official serving the same
431	governmental entity or a general-purpose local government with
432	jurisdiction within all or part of the area that the regular
433	member serves. The governmental entity so designated shall
434	appoint the appropriate number of members to the M.P.O. from
435	eligible officials. Representatives of the department shall
436	serve as nonvoting members of the M.P.O. Nonvoting advisers may
437	be appointed by the M.P.O. as deemed necessary. The Governor
438	shall review the composition of the M.P.O. membership in
439	conjunction with the decennial census as prepared by the United
440	States Department of Commerce, Bureau of the Census, and
441	reapportion it as necessary to comply with subsection (2).
442	(b)  Except for members who represent municipalities on the
443	basis of alternating with representatives from other
444	municipalities that do not have members on the M.P.O. as
445	provided in paragraph (2)(a), the members of an M.P.O. shall
446	serve 4-year terms. Members who represent municipalities on the
447	basis of alternating with representatives from other
448	municipalities that do not have members on the M.P.O. as
449	provided in paragraph (2)(a) may serve terms of up to 4 years as
450	further provided in the interlocal agreement described in
451	paragraph (1)(b). The membership of a member who is a public
452	official automatically terminates upon the member's leaving his
453	or her elective or appointive office for any reason, or may be
454	terminated by a majority vote of the total membership of a
455	county or city governing entity represented by the member. A
456	vacancy shall be filled by the original appointing entity. A
457	member may be reappointed for one or more additional 4-year
458	terms.
459	(c)  If a governmental entity fails to fill an assigned
460	appointment to an M.P.O. within 60 days after notification by
461	the Governor of its duty to appoint, that appointment shall be
462	made by the Governor from the eligible representatives of that
463	governmental entity.
464	(4)  AUTHORITY AND RESPONSIBILITY.--The authority and
465	responsibility of an M.P.O. is to manage a continuing,
466	cooperative, and comprehensive transportation planning process
467	that, based upon the prevailing principles provided in s.
468	334.046(1), results in the development of plans and programs
469	which are consistent, to the maximum extent feasible, with the
470	approved local government comprehensive plans of the units of
471	local government the boundaries of which are within the
472	metropolitan area of the M.P.O. An M.P.O. shall be the forum for
473	cooperative decisionmaking by officials of the affected
474	governmental entities in the development of the plans and
475	programs required by subsections (5), (6), (7), and (8).
476	(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
477	privileges, and authority of an M.P.O. are those specified in
478	this section or incorporated in an interlocal agreement
479	authorized under s. 163.01. Each M.P.O. shall perform all acts
480	required by federal or state laws or rules, now and subsequently
481	applicable, which are necessary to qualify for federal aid. It
482	is the intent of this section that each M.P.O. shall be involved
483	in the planning and programming of transportation facilities,
484	including, but not limited to, airports, intercity and high-
485	speed rail lines, seaports, and intermodal facilities, to the
486	extent permitted by state or federal law.
487	(a)  Each M.P.O. shall, in cooperation with the department,
488	develop:
489	1.  A long-range transportation plan pursuant to the
490	requirements of subsection (6);
491	2.  An annually updated transportation improvement program
492	pursuant to the requirements of subsection (7); and
493	3.  An annual unified planning work program pursuant to the
494	requirements of subsection (8).
495	(b)  In developing the long-range transportation plan and
496	the transportation improvement program required under paragraph
497	(a), each M.P.O. shall provide for consideration of projects and
498	strategies that will:
499	1.  Support the economic vitality of the metropolitan area,
500	especially by enabling global competitiveness, productivity, and
501	efficiency;
502	2.  Increase the safety and security of the transportation
503	system for motorized and nonmotorized users;
504	3.  Increase the accessibility and mobility options
505	available to people and for freight;
506	4.  Protect and enhance the environment, promote energy
507	conservation, and improve quality of life;
508	5.  Enhance the integration and connectivity of the
509	transportation system, across and between modes, for people and
510	freight;
511	6.  Promote efficient system management and operation; and
512	7.  Emphasize the preservation of the existing
513	transportation system.
514	(c)  In order to provide recommendations to the department
515	and local governmental entities regarding transportation plans
516	and programs, each M.P.O. shall:
517	1.  Prepare a congestion management system for the
518	metropolitan area and cooperate with the department in the
519	development of all other transportation management systems
520	required by state or federal law;
521	2.  Assist the department in mapping transportation
522	planning boundaries required by state or federal law;
523	3.  Assist the department in performing its duties relating
524	to access management, functional classification of roads, and
525	data collection;
526	4.  Execute all agreements or certifications necessary to
527	comply with applicable state or federal law;
528	5.  Represent all the jurisdictional areas within the
529	metropolitan area in the formulation of transportation plans and
530	programs required by this section; and
531	6.  Perform all other duties required by state or federal
532	law.
533	(d)  Each M.P.O. shall appoint a technical advisory
534	committee that includes planners; engineers; representatives of
535	local aviation authorities, port authorities, and public transit
536	authorities or representatives of aviation departments, seaport
537	departments, and public transit departments of municipal or
538	county governments, as applicable; the school superintendent of
539	each county within the jurisdiction of the M.P.O. or the
540	superintendent's designee; and other appropriate representatives
541	of affected local governments. In addition to any other duties
542	assigned to it by the M.P.O. or by state or federal law, the
543	technical advisory committee is responsible for considering safe
544	access to schools in its review of transportation project
545	priorities, long-range transportation plans, and transportation
546	improvement programs, and shall advise the M.P.O. on such
547	matters. In addition, the technical advisory committee shall
548	coordinate its actions with local school boards and other local
549	programs and organizations within the metropolitan area which
550	participate in school safety activities, such as locally
551	established community traffic safety teams. Local school boards
552	must provide the appropriate M.P.O. with information concerning
553	future school sites and in the coordination of transportation
554	service.
555	(e)1.  Each M.P.O. shall appoint a citizens' advisory
556	committee, the members of which serve at the pleasure of the
557	M.P.O. The membership on the citizens' advisory committee must
558	reflect a broad cross section of local residents with an
559	interest in the development of an efficient, safe, and cost-
560	effective transportation system. Minorities, the elderly, and
561	the handicapped must be adequately represented.
562	2.  Notwithstanding the provisions of subparagraph 1., an
563	M.P.O. may, with the approval of the department and the
564	applicable federal governmental agency, adopt an alternative
565	program or mechanism to ensure citizen involvement in the
566	transportation planning process.
567	(f)  The department shall allocate to each M.P.O., for the
568	purpose of accomplishing its transportation planning and
569	programming duties, an appropriate amount of federal
570	transportation planning funds.
571	(g)  Each M.P.O. may employ personnel or may enter into
572	contracts with local or state agencies, private planning firms,
573	or private engineering firms to accomplish its transportation
574	planning and programming duties required by state or federal
575	law.
576	(h)  A chair's coordinating committee is created, composed
577	of the M.P.O.'s serving Hernando, Hillsborough, Manatee, Pasco,
578	Pinellas, Polk, and Sarasota Counties. The committee must, at a
579	minimum:
580	1.  Coordinate transportation projects deemed to be
581	regionally significant by the committee.
582	2.  Review the impact of regionally significant land use
583	decisions on the region.
584	3.  Review all proposed regionally significant
585	transportation projects in the respective transportation
586	improvement programs which affect more than one of the M.P.O.'s
587	represented on the committee.
588	4.  Institute a conflict resolution process to address any
589	conflict that may arise in the planning and programming of such
590	regionally significant projects.
591	(i)1.  The Legislature finds that the state's rapid growth
592	in recent decades has caused many urbanized areas subject to
593	M.P.O. jurisdiction to become contiguous to each other. As a
594	result, various transportation projects may cross from the
595	jurisdiction of one M.P.O. into the jurisdiction of another
596	M.P.O. To more fully accomplish the purposes for which M.P.O.'s
597	have been mandated, M.P.O.'s shall develop coordination
598	mechanisms with one another to expand and improve transportation
599	within the state. The appropriate method of coordination between
600	M.P.O.'s shall vary depending upon the project involved and
601	given local and regional needs. Consequently, it is appropriate
602	to set forth a flexible methodology that can be used by M.P.O.'s
603	to coordinate with other M.P.O.'s and appropriate political
604	subdivisions as circumstances demand.
605	2.  Any M.P.O. may join with any other M.P.O. or any
606	individual political subdivision to coordinate activities or to
607	achieve any federal or state transportation planning or
608	development goals or purposes consistent with federal or state
609	law. When an M.P.O. determines that it is appropriate to join
610	with another M.P.O. or any political subdivision to coordinate
611	activities, the M.P.O. or political subdivision shall enter into
612	an interlocal agreement pursuant to s. 163.01, which, at a
613	minimum, creates a separate legal or administrative entity to
614	coordinate the transportation planning or development activities
615	required to achieve the goal or purpose; provide the purpose for
616	which the entity is created; provide the duration of the
617	agreement and the entity, and specify how the agreement may be
618	terminated, modified, or rescinded; describe the precise
619	organization of the entity, including who has voting rights on
620	the governing board, whether alternative voting members are
621	provided for, how voting members are appointed, and what the
622	relative voting strength is for each constituent M.P.O. or
623	political subdivision; provide the manner in which the parties
624	to the agreement will provide for the financial support of the
625	entity and payment of costs and expenses of the entity; provide
626	the manner in which funds may be paid to and disbursed from the
627	entity; and provide how members of the entity will resolve
628	disagreements regarding interpretation of the interlocal
629	agreement or disputes relating to the operation of the entity.
630	Such interlocal agreement shall become effective upon its
631	recordation in the official public records of each county in
632	which a member of the entity created by the interlocal agreement
633	has a voting member. This paragraph does not require any
634	M.P.O.'s to merge, combine, or otherwise join together as a
635	single M.P.O.
636	(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
637	develop a long-range transportation plan that addresses at least
638	a 20-year planning horizon. The plan must include both long-
639	range and short-range strategies and must comply with all other
640	state and federal requirements. The prevailing principles to be
641	considered in the long-range transportation plan are: preserving
642	the existing transportation infrastructure; enhancing Florida's
643	economic competitiveness; and improving travel choices to ensure
644	mobility. The long-range transportation plan must be consistent,
645	to the maximum extent feasible, with future land use elements
646	and the goals, objectives, and policies of the approved local
647	government comprehensive plans of the units of local government
648	located within the jurisdiction of the M.P.O. The approved long-
649	range transportation plan must be considered by local
650	governments in the development of the transportation elements in
651	local government comprehensive plans and any amendments thereto.
652	The long-range transportation plan must, at a minimum:
653	(a)  Identify transportation facilities, including, but not
654	limited to, major roadways, airports, seaports, spaceports,
655	commuter rail systems, transit systems, and intermodal or
656	multimodal terminals that will function as an integrated
657	metropolitan transportation system. The long-range
658	transportation plan must give emphasis to those transportation
659	facilities that serve national, statewide, or regional
660	functions, and must consider the goals and objectives identified
661	in the Florida Transportation Plan as provided in s. 339.155. If
662	a project is located within the boundaries of more than one
663	M.P.O., the M.P.O.'s must coordinate plans regarding the project
664	in the long-range transportation plan.
665	(b)  Include a financial plan that demonstrates how the
666	plan can be implemented, indicating resources from public and
667	private sources which are reasonably expected to be available to
668	carry out the plan, and recommends any additional financing
669	strategies for needed projects and programs. The financial plan
670	may include, for illustrative purposes, additional projects that
671	would be included in the adopted long-range transportation plan
672	if reasonable additional resources beyond those identified in
673	the financial plan were available. For the purpose of developing
674	the long-range transportation plan, the M.P.O. and the
675	department shall cooperatively develop estimates of funds that
676	will be available to support the plan implementation. Innovative
677	financing techniques may be used to fund needed projects and
678	programs. Such techniques may include the assessment of tolls,
679	the use of value capture financing, or the use of value pricing.
680	(c)  Assess capital investment and other measures necessary
681	to:
682	1.  Ensure the preservation of the existing metropolitan
683	transportation system including requirements for the operation,
684	resurfacing, restoration, and rehabilitation of major roadways
685	and requirements for the operation, maintenance, modernization,
686	and rehabilitation of public transportation facilities; and
687	2.  Make the most efficient use of existing transportation
688	facilities to relieve vehicular congestion and maximize the
689	mobility of people and goods.
690	(d)  Indicate, as appropriate, proposed transportation
691	enhancement activities, including, but not limited to,
692	pedestrian and bicycle facilities, scenic easements,
693	landscaping, historic preservation, mitigation of water
694	pollution due to highway runoff, and control of outdoor
695	advertising.
696	(e)  In addition to the requirements of paragraphs (a)-(d),
697	in metropolitan areas that are classified as nonattainment areas
698	for ozone or carbon monoxide, the M.P.O. must coordinate the
699	development of the long-range transportation plan with the State
700	Implementation Plan developed pursuant to the requirements of
701	the federal Clean Air Act.
702
703	In the development of its long-range transportation plan, each
704	M.P.O. must provide the public, affected public agencies,
705	representatives of transportation agency employees, freight
706	shippers, providers of freight transportation services, private
707	providers of transportation, representatives of users of public
708	transit, and other interested parties with a reasonable
709	opportunity to comment on the long-range transportation plan.
710	The long-range transportation plan must be approved by the
711	M.P.O.
712	(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
713	shall, in cooperation with the state and affected public
714	transportation operators, develop a transportation improvement
715	program for the area within the jurisdiction of the M.P.O. In
716	the development of the transportation improvement program, each
717	M.P.O. must provide the public, affected public agencies,
718	representatives of transportation agency employees, freight
719	shippers, providers of freight transportation services, private
720	providers of transportation, representatives of users of public
721	transit, and other interested parties with a reasonable
722	opportunity to comment on the proposed transportation
723	improvement program.
724	(a)  Each M.P.O. is responsible for developing, annually, a
725	list of project priorities and a transportation improvement
726	program. The prevailing principles to be considered by each
727	M.P.O. when developing a list of project priorities and a
728	transportation improvement program are: preserving the existing
729	transportation infrastructure; enhancing Florida's economic
730	competitiveness; and improving travel choices to ensure
731	mobility. The transportation improvement program will be used to
732	initiate federally aided transportation facilities and
733	improvements as well as other transportation facilities and
734	improvements including transit, rail, aviation, spaceport, and
735	port facilities to be funded from the State Transportation Trust
736	Fund within its metropolitan area in accordance with existing
737	and subsequent federal and state laws and rules and regulations
738	related thereto. The transportation improvement program shall be
739	consistent, to the maximum extent feasible, with the approved
740	local government comprehensive plans of the units of local
741	government whose boundaries are within the metropolitan area of
742	the M.P.O. and include those projects programmed pursuant to s.
743	339.2817(4).
744	(b)  Each M.P.O. annually shall prepare a list of project
745	priorities and shall submit the list to the appropriate district
746	of the department by October 1 of each year; however, the
747	department and a metropolitan planning organization may, in
748	writing, agree to vary this submittal date. The list of project
749	priorities must be formally reviewed by the technical and
750	citizens' advisory committees, and approved by the M.P.O.,
751	before it is transmitted to the district. The approved list of
752	project priorities must be used by the district in developing
753	the district work program and must be used by the M.P.O. in
754	developing its transportation improvement program. In developing
755	the list of project priorities, the M.P.O. should fully consider
756	facilities on the Strategic Intermodal System, including
757	intermodal connectors and other regionally significant
758	facilities. The annual list of project priorities must be based
759	upon project selection criteria that, at a minimum, consider the
760	following:
761	1.  The approved M.P.O. long-range transportation plan.;
762	2.  The Strategic Intermodal System Plan developed pursuant
763	to s. 339.64.
764	3.  The priorities developed pursuant to s. 339.2817(4).
765	4.2.  The results of the transportation management
766	systems.; and
767	5.3.  The M.P.O.'s public-involvement procedures.
768	(c)  The transportation improvement program must, at a
769	minimum:
770	1.  Include projects and project phases to be funded with
771	state or federal funds within the time period of the
772	transportation improvement program and which are recommended for
773	advancement during the next fiscal year and 4 subsequent fiscal
774	years. Such projects and project phases must be consistent, to
775	the maximum extent feasible, with the approved local government
776	comprehensive plans of the units of local government located
777	within the jurisdiction of the M.P.O. For informational
778	purposes, the transportation improvement program shall also
779	include a list of projects to be funded from local or private
780	revenues.
781	2.  Include projects within the metropolitan area which are
782	proposed for funding under 23 U.S.C. s. 134 of the Federal
783	Transit Act and which are consistent with the long-range
784	transportation plan developed under subsection (6).
785	3.  Provide a financial plan that demonstrates how the
786	transportation improvement program can be implemented; indicates
787	the resources, both public and private, that are reasonably
788	expected to be available to accomplish the program; identifies
789	any innovative financing techniques that may be used to fund
790	needed projects and programs; and may include, for illustrative
791	purposes, additional projects that would be included in the
792	approved transportation improvement program if reasonable
793	additional resources beyond those identified in the financial
794	plan were available. Innovative financing techniques may include
795	the assessment of tolls, the use of value capture financing, or
796	the use of value pricing. The transportation improvement program
797	may include a project or project phase only if full funding can
798	reasonably be anticipated to be available for the project or
799	project phase within the time period contemplated for completion
800	of the project or project phase.
801	4.  Group projects and project phases of similar urgency
802	and anticipated staging into appropriate staging periods.
803	5.  Indicate how the transportation improvement program
804	relates to the long-range transportation plan developed under
805	subsection (6), including providing examples of specific
806	projects or project phases that further the goals and policies
807	of the long-range transportation plan.
808	6.  Indicate whether any project or project phase is
809	inconsistent with an approved comprehensive plan of a unit of
810	local government located within the jurisdiction of the M.P.O.
811	If a project is inconsistent with an affected comprehensive
812	plan, the M.P.O. must provide justification for including the
813	project in the transportation improvement program.
814	7.  Indicate how the improvements are consistent, to the
815	maximum extent feasible, with affected seaport, airport, and
816	spaceport master plans and with public transit development plans
817	of the units of local government located within the jurisdiction
818	of the M.P.O. If a project is located within the boundaries of
819	more than one M.P.O., the M.P.O.'s must coordinate plans
820	regarding the project in the transportation improvement program.
821	(d)  Projects included in the transportation improvement
822	program and that have advanced to the design stage of
823	preliminary engineering may be removed from or rescheduled in a
824	subsequent transportation improvement program only by the joint
825	action of the M.P.O. and the department. Except when recommended
826	in writing by the district secretary for good cause, any project
827	removed from or rescheduled in a subsequent transportation
828	improvement program shall not be rescheduled by the M.P.O. in
829	that subsequent program earlier than the 5th year of such
830	program.
831	(e)  During the development of the transportation
832	improvement program, the M.P.O. shall, in cooperation with the
833	department and any affected public transit operation, provide
834	citizens, affected public agencies, representatives of
835	transportation agency employees, freight shippers, providers of
836	freight transportation services, private providers of
837	transportation, representatives of users of public transit, and
838	other interested parties with reasonable notice of and an
839	opportunity to comment on the proposed program.
840	(f)  The adopted annual transportation improvement program
841	for M.P.O.'s in nonattainment or maintenance areas must be
842	submitted to the district secretary and the Department of
843	Community Affairs at least 90 days before the submission of the
844	state transportation improvement program by the department to
845	the appropriate federal agencies. The annual transportation
846	improvement program for M.P.O.'s in attainment areas must be
847	submitted to the district secretary and the Department of
848	Community Affairs at least 45 days before the department submits
849	the state transportation improvement program to the appropriate
850	federal agencies; however, the department, the Department of
851	Community Affairs, and a metropolitan planning organization may,
852	in writing, agree to vary this submittal date. The Governor or
853	the Governor's designee shall review and approve each
854	transportation improvement program and any amendments thereto.
855	(g)  The Department of Community Affairs shall review the
856	annual transportation improvement program of each M.P.O. for
857	consistency with the approved local government comprehensive
858	plans of the units of local government whose boundaries are
859	within the metropolitan area of each M.P.O. and shall identify
860	those projects that are inconsistent with such comprehensive
861	plans. The Department of Community Affairs shall notify an
862	M.P.O. of any transportation projects contained in its
863	transportation improvement program which are inconsistent with
864	the approved local government comprehensive plans of the units
865	of local government whose boundaries are within the metropolitan
866	area of the M.P.O.
867	(h)  The M.P.O. shall annually publish or otherwise make
868	available for public review the annual listing of projects for
869	which federal funds have been obligated in the preceding year.
870	Project monitoring systems must be maintained by those agencies
871	responsible for obligating federal funds and made accessible to
872	the M.P.O.'s.
873	(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
874	develop, in cooperation with the department and public
875	transportation providers, a unified planning work program that
876	lists all planning tasks to be undertaken during the program
877	year. The unified planning work program must provide a complete
878	description of each planning task and an estimated budget
879	therefor and must comply with applicable state and federal law.
880	(9)  AGREEMENTS.--
881	(a)  Each M.P.O. shall execute the following written
882	agreements, which shall be reviewed, and updated as necessary,
883	every 5 years:
884	1.  An agreement with the department clearly establishing
885	the cooperative relationship essential to accomplish the
886	transportation planning requirements of state and federal law.
887	2.  An agreement with the metropolitan and regional
888	intergovernmental coordination and review agencies serving the
889	metropolitan areas, specifying the means by which activities
890	will be coordinated and how transportation planning and
891	programming will be part of the comprehensive planned
892	development of the area.
893	3.  An agreement with operators of public transportation
894	systems, including transit systems, commuter rail systems,
895	airports, seaports, and spaceports, describing the means by
896	which activities will be coordinated and specifying how public
897	transit, commuter rail, aviation, seaport, and aerospace
898	planning and programming will be part of the comprehensive
899	planned development of the metropolitan area.
900	(b)  An M.P.O. may execute other agreements required by
901	state or federal law or as necessary to properly accomplish its
902	functions.
903	(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
904	COUNCIL.--
905	(a)  A Metropolitan Planning Organization Advisory Council
906	is created to augment, and not supplant, the role of the
907	individual M.P.O.'s in the cooperative transportation planning
908	process described in this section.
909	(b)  The council shall consist of one representative from
910	each M.P.O. and shall elect a chairperson annually from its
911	number. Each M.P.O. shall also elect an alternate representative
912	from each M.P.O. to vote in the absence of the representative.
913	Members of the council do not receive any compensation for their
914	services, but may be reimbursed from funds made available to
915	council members for travel and per diem expenses incurred in the
916	performance of their council duties as provided in s. 112.061.
917	(c)  The powers and duties of the Metropolitan Planning
918	Organization Advisory Council are to:
919	1.  Enter into contracts with individuals, private
920	corporations, and public agencies.
921	2.  Acquire, own, operate, maintain, sell, or lease
922	personal property essential for the conduct of business.
923	3.  Accept funds, grants, assistance, gifts, or bequests
924	from private, local, state, or federal sources.
925	4.  Establish bylaws and adopt rules pursuant to ss.
926	120.536(1) and 120.54 to implement provisions of law conferring
927	powers or duties upon it.
928	5.  Assist M.P.O.'s in carrying out the urbanized area
929	transportation planning process by serving as the principal
930	forum for collective policy discussion pursuant to law.
931	6.  Serve as a clearinghouse for review and comment by
932	M.P.O.'s on the Florida Transportation Plan and on other issues
933	required to comply with federal or state law in carrying out the
934	urbanized area transportation and systematic planning processes
935	instituted pursuant to s. 339.155.
936	7.  Employ an executive director and such other staff as
937	necessary to perform adequately the functions of the council,
938	within budgetary limitations. The executive director and staff
939	are exempt from part II of chapter 110 and serve at the
940	direction and control of the council. The council is assigned to
941	the Office of the Secretary of the Department of Transportation
942	for fiscal and accountability purposes, but it shall otherwise
943	function independently of the control and direction of the
944	department.
945	8.  Adopt an agency strategic plan that provides the
946	priority directions the agency will take to carry out its
947	mission within the context of the state comprehensive plan and
948	any other statutory mandates and directions given to the agency.
949	(11)  APPLICATION OF FEDERAL LAW.--Upon notification by an
950	agency of the Federal Government that any provision of this
951	section conflicts with federal laws or regulations, such federal
952	laws or regulations will take precedence to the extent of the
953	conflict until such conflict is resolved. The department or an
954	M.P.O. may take any necessary action to comply with such federal
955	laws and regulations or to continue to remain eligible to
956	receive federal funds.
957	Section 8.  Section 339.2816, Florida Statutes, is
958	repealed.
959	Section 9.  Section 339.2817, Florida Statutes, is amended
960	to read:
961	339.2817  Regional Transportation County Incentive Grant
962	Program.--
963	(1)  There is created within the Department of
964	Transportation a Regional Transportation County Incentive Grant
965	Program for the purpose of providing funds grants to counties,
966	to improve a regionally significant transportation facility
967	which is located on the State Highway System or which relieves
968	traffic congestion on the State Highway System.
969	(2)  To be eligible for consideration, projects must be
970	consistent, to the maximum extent feasible, with local
971	metropolitan planning organization plans and local government
972	comprehensive plans.
973	(3)  The department must consider, but is not limited to,
974	the following criteria for evaluation of projects for County
975	Incentive Grant Program assistance:
976	(a)  The extent to which the project will encourage,
977	enhance, or create economic benefits;
978	(b)  The likelihood that assistance would enable the
979	project to proceed at an earlier date than the project could
980	otherwise proceed;
981	(c)  The extent to which assistance would foster innovative
982	public-private partnerships and attract private debt or equity
983	investment;
984	(d)  The extent to which the project uses new technologies,
985	including intelligent transportation systems, which enhance the
986	efficiency of the project;
987	(e)  The extent to which the project helps to maintain or
988	protect the environment; and
989	(f)  The extent to which the project includes
990	transportation benefits for improving intermodalism and safety.
991	(2)(4)  The percentage of matching funds provided from the
992	Regional Transportation County Incentive Grant Program shall to
993	the eligible county will be based on the following:
994	(a)  For projects on the Florida Intrastate Highway System
995	the department shall provide 60 percent of project costs.
996	(a)(b)  For projects on the State Highway System, the
997	department shall provide 75 50 percent of project costs.
998	(b)(c)  For regionally significant local projects
999	identified in a regional transportation improvement program
1000	which are not demonstrated to relieve traffic congestion on the
1001	State Highway System, the department shall provide 40 35 percent
1002	of project costs.
1003	(3)  The department shall allocate funding available for
1004	the Regional Transportation Incentive Program to each eligible
1005	regional transportation area based on a factor derived from
1006	equal parts of population and motor fuel collections.
1007	(4)(a)  Projects to be funded with Regional Transportation
1008	Incentive Program funds shall be selected from a regional
1009	transportation improvement program developed in accordance with
1010	paragraph (e) which shall:
1011	1.  Identify regionally significant transportation
1012	facilities located within a regional transportation area.
1013	2.  Contain a prioritized list of regionally significant
1014	projects.
1015	(b)  For purposes of the Regional Transportation Incentive
1016	Program, the boundaries of the regional transportation area
1017	shall be determined by the department by rule using criteria
1018	based upon factors such as commuting, goods movement, and land
1019	development patterns.
1020	(c)  The initial regional transportation improvement
1021	program shall be submitted to the appropriate department
1022	district beginning October 1, 2004. To enable the phased
1023	implementation of the Regional Transportation Incentive Program,
1024	the department may extend the timeframe for the development and
1025	submittal of the initial regional transportation improvement
1026	program. Beginning in the year 2005, and annually thereafter,
1027	the regional transportation improvement program shall be
1028	submitted by September 1. The program shall be used to assist in
1029	developing the district work program and include projects
1030	acceptable to the department that shall, at a minimum, meet the
1031	following criteria:
1032	1.  Enhance the state's economic competitiveness and
1033	improve travel choices to ensure mobility within the region.
1034	2.  Support those transportation facilities that serve
1035	national, statewide, or regional functions and function as an
1036	integrated regional transportation system.
1037	3.  Be consistent with the goals and objectives identified
1038	in the Florida Transportation Plan developed pursuant to s.
1039	339.155.
1040	4.  Be consistent with the Strategic Plan for Economic
1041	Development developed pursuant to s. 288.905.
1042	5.  Be consistent with the plans and programs of the
1043	metropolitan planning organizations in the regional
1044	transportation area.
1045	6.  Be consistent with the approved local government
1046	comprehensive plans of the units of local government located
1047	within the regional transportation area. Further, the project
1048	shall be in compliance with local government comprehensive plan
1049	policies relative to corridor management.
1050	7.  Be consistent with strategic regional policy plans
1051	developed pursuant to s. 186.507.
1052	8.  Provide for intraregional mobility.
1053	9.  Be consistent with the Strategic Intermodal System Plan
1054	developed pursuant to s. 339.64.
1055	10.  Be financially feasible and able to be made
1056	production-ready within a reasonable timeframe.
1057	11.  Have a commitment for local or regional financial
1058	matching funds as a percentage of the overall project cost.
1059	(d)  In developing the regional transportation program,
1060	priority shall be given to projects that:
1061	1.  Provide connectivity to the Strategic Intermodal System
1062	designated pursuant to s. 339.64.
1063	2.  Support economic development and the movement of goods
1064	in areas of critical economic concern designated pursuant to s.
1065	288.0656(7).
1066	3.  Are subject to an ordinance that establishes corridor
1067	management techniques, including access management strategies,
1068	right-of-way acquisition and protection measures, appropriate
1069	land use strategies, zoning, and setback requirements for
1070	adjacent land uses.
1071	(e)  In developing the regional transportation improvement
1072	program, metropolitan planning organizations in regional
1073	transportation areas comprised in whole or in part by M.P.O.'s,
1074	or counties in regional transportation areas that are not
1075	represented by an M.P.O., shall enter into an interlocal
1076	agreement pursuant to s. 163.01. The agreement shall, at a
1077	minimum, identify the entity that will coordinate the
1078	development of the regional transportation improvement program,
1079	provide the duration of the agreement, and specify how the
1080	agreement may be terminated, modified, or rescinded; describe
1081	the process by which the regional transportation improvement
1082	program will be developed; and provide how members of the entity
1083	will resolve disagreements regarding interpretation of the
1084	interlocal agreement or disputes relating to the development or
1085	content of the regional transportation improvement program. Such
1086	interlocal agreement shall become effective upon its recordation
1087	in the official public records of each county in the regional
1088	transportation area.
1089	(5)  Beginning in fiscal year 2004-2005, the department
1090	shall allocate 25 percent of any new discretionary highway
1091	capacity funds as defined by s. 339.135(4)(a)2. to the Regional
1092	Transportation Incentive Program. Additionally, for fiscal year
1093	2005-2006 and each year thereafter, $20 million from the State
1094	Transportation Trust Fund shall be used for the purposes of
1095	funding the Regional Transportation Incentive Program as
1096	described in this section.
1097	(5)  The department is authorized to adopt rules to
1098	administer the County Incentive Grant Program.
1099	(6)  A municipality may apply to the county in which the
1100	municipality is located for consideration by the county for
1101	funding under this section of any project or project phase of a
1102	transportation facility which is located on the State Highway
1103	System or which is demonstrated to relieve congestion on the
1104	State Highway System. The county must evaluate all municipal
1105	applications as provided in subsection (3). If a municipality's
1106	proposed project is rejected by the county for funding under
1107	this section, or if the county's proposed project adversely
1108	affects a municipality within the county, the municipality may
1109	request mediation to resolve any concerns of the municipality
1110	and the county.
1111	Section 10.  Section 339.2818, Florida Statutes, is amended
1112	to read:
1113	339.2818  Transportation Rural Initiative Small County
1114	Outreach Program.--
1115	(1)  There is created within the Department of
1116	Transportation the Transportation Rural Initiative Small County
1117	Outreach Program. The purpose of this program is to assist
1118	economically distressed rural small county governments in
1119	resurfacing or reconstructing county roads or in constructing
1120	capacity or safety improvements to county roads.
1121	(2)  For the purposes of this section, the term
1122	"economically distressed rural small county" means any county
1123	that is within a designated rural area of critical economic
1124	concern pursuant to s. 288.0656(7) has a population of 150,000
1125	or less as determined by the most recent official estimate
1126	pursuant to s. 186.901.
1127	(3)  For fiscal year 2004-2005, $25 million from the State
1128	Transportation Trust Fund shall be used for the purposes of
1129	funding the Transportation Rural Initiative Program as described
1130	in this section. For fiscal year 2005-2006 and each year
1131	thereafter, $35 million from the State Transportation Trust Fund
1132	shall be used for the purposes of funding the Transportation
1133	Rural Initiative Program as described in this section. Funds
1134	allocated under this program, pursuant to s. 4, ch. 2000-257,
1135	Laws of Florida, are in addition to any funds provided pursuant
1136	to s. 339.2816, for the Small County Road Assistance Program.
1137	(4)(a)  Economically distressed rural Small counties shall
1138	be eligible to compete for funds that have been designated for
1139	the Transportation Rural Initiative Small County Outreach
1140	Program for projects on county roads. The department shall fund
1141	75 percent of the cost of projects on county roads funded under
1142	the program.
1143	(b)  In determining a county's eligibility for assistance
1144	under this program, the department may consider whether the
1145	county has attempted to keep county roads in satisfactory
1146	condition.
1147	(c)  The following criteria shall be used to prioritize
1148	road projects for funding under the program:
1149	1.  The primary criterion is the physical condition of the
1150	road as measured by the department.
1151	2.  As secondary criteria the department may consider:
1152	a.  Whether a road is used as an evacuation route.
1153	b.  Whether a road has high levels of agricultural travel.
1154	c.  Whether a road is considered a major arterial route.
1155	d.  Whether a road is considered a feeder road.
1156	e.  Other criteria related to the impact of a project on
1157	the public road system or on the state or local economy as
1158	determined by the department.
1159	(d)  The percentage of matching funds required for projects
1160	funded through the Transportation Rural Initiative Program shall
1161	be based upon revenue-generating capability of the county such
1162	as ad valorem property valuation.
1163	(e)  To ensure that all projects proposed for funding under
1164	this section are coordinated with state, regional, and local
1165	plans within areas of critical economic concern designated
1166	pursuant to s. 288.0656(7), the member agencies and
1167	organizations of the Rural Economic Development Initiative as
1168	defined in s. 288.0656(6)(a) shall review all projects proposed
1169	for funding under this section in each such area of critical
1170	economic concern.
1171	(5)  The department is authorized to administer contracts
1172	on behalf of a county selected to receive funding for a project
1173	under this section. All projects funded under this section shall
1174	be included in the department's work program developed pursuant
1175	to s. 339.135.
1176	Section 11.  Section 339.55, Florida Statutes, is amended
1177	to read:
1178	339.55  State-funded infrastructure bank.--
1179	(1)  There is created within the Department of
1180	Transportation a state-funded infrastructure bank for the
1181	purpose of providing loans and credit enhancements to government
1182	units and private entities for use in constructing and improving
1183	transportation facilities.
1184	(2)  The bank may lend capital costs or provide credit
1185	enhancements for:
1186	(a)  A transportation facility project that is on the State
1187	Highway System or that provides for increased mobility on the
1188	state's transportation system or provides intermodal
1189	connectivity with airports, seaports, rail facilities, and other
1190	transportation terminals, pursuant to s. 341.053, for the
1191	movement of people and goods.
1192	(b)  Regional Transportation Incentive Program projects
1193	identified pursuant to s. 339.2817(4).
1194	(3)  Loans from the bank may be subordinated to senior
1195	project debt that has an investment grade rating of "BBB" or
1196	higher.
1197	(4)(3)  Loans from the bank may bear interest at or below
1198	market interest rates, as determined by the department.
1199	Repayment of any loan from the bank shall commence not later
1200	than 5 years after the project has been completed or, in the
1201	case of a highway project, the facility has opened to traffic,
1202	whichever is later, and shall be repaid in no more than 30
1203	years.
1204	(5)(4)  Except as provided in s. 339.137, To be eligible
1205	for consideration, projects awarded from the state-funded
1206	infrastructure bank must be consistent, to the maximum extent
1207	feasible, with local metropolitan planning organization plans
1208	and local government comprehensive plans and must provide a
1209	dedicated repayment source to ensure the loan is repaid to the
1210	bank.
1211	(6)  Funding awarded for projects under paragraph (2)(b)
1212	must be matched by a minimum of 25 percent from funds other than
1213	the state-funded infrastructure bank loan.
1214	(7)(5)  The department may consider, but is not limited to,
1215	the following criteria for evaluation of projects for assistance
1216	from the bank:
1217	(a)  The credit worthiness of the project.
1218	(b)  A demonstration that the project will encourage,
1219	enhance, or create economic benefits.
1220	(c)  The likelihood that assistance would enable the
1221	project to proceed at an earlier date than would otherwise be
1222	possible.
1223	(d)  The extent to which assistance would foster innovative
1224	public-private partnerships and attract private debt or equity
1225	investment.
1226	(e)  The extent to which the project would use new
1227	technologies, including intelligent transportation systems, that
1228	would enhance the efficient operation of the project.
1229	(f)  The extent to which the project would maintain or
1230	protect the environment.
1231	(g)  A demonstration that the project includes
1232	transportation benefits for improving intermodalism, cargo and
1233	freight movement, and safety.
1234	(h)  The amount of the proposed assistance as a percentage
1235	of the overall project costs with emphasis on local and private
1236	participation.
1237	(i)  The extent to which the project will provide for
1238	connectivity between the State Highway System and airports,
1239	seaports, rail facilities, and other transportation terminals
1240	and intermodal options pursuant to s. 341.053 for the increased
1241	accessibility and movement of people and goods.
1242	(8)(6)  Loan assistance provided by the bank shall be
1243	included in the department's work program developed in
1244	accordance with s. 339.135.
1245	(9)(7)  The department is authorized to adopt rules to
1246	implement the state-funded infrastructure bank.
1247	Section 12.  This act shall take effect July 1, 2004.

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