1

The Committee on Transportation and Economic Development

2

Appropriations (Webster) recommended the following amendment:

3

4

     Senate Amendment (with title amendment)

5

     Between line(s) 332-333

6

and insert:

7

Section 8.  Section 339.155, Florida Statutes, is amended to

8

read:

9

     339.155  Transportation planning.--

10

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

11

develop and annually update a statewide transportation plan, to

12

be known as the Florida Transportation Plan. The plan shall be

13

designed so as to be easily read and understood by the general

14

public. The purpose of the Florida Transportation Plan is to

15

establish and define the state's long-range transportation goals

16

and objectives to be accomplished over a period of at least 20

17

years within the context of the State Comprehensive Plan, and any

18

other statutory mandates and authorizations and based upon the

19

prevailing principles of: preserving the existing transportation

20

infrastructure; enhancing Florida's economic competitiveness; and

21

improving travel choices to ensure mobility. The Florida

22

Transportation Plan shall consider the needs of the entire state

23

transportation system and examine the use of all modes of

24

transportation to effectively and efficiently meet such needs.

25

     (2)  SCOPE OF PLANNING PROCESS.--The department shall carry

26

out a transportation planning process in conformance with s.

27

334.046(1). which provides for consideration of projects and

28

strategies that will:

29

     (a) Support the economic vitality of the United States,

30

Florida, and the metropolitan areas, especially by enabling

31

global competitiveness, productivity, and efficiency;

32

     (b) Increase the safety and security of the transportation

33

system for motorized and nonmotorized users;

34

     (c) Increase the accessibility and mobility options

35

available to people and for freight;

36

     (d) Protect and enhance the environment, promote energy

37

conservation, and improve quality of life;

38

     (e) Enhance the integration and connectivity of the

39

transportation system, across and between modes throughout

40

Florida, for people and freight;

41

     (f) Promote efficient system management and operation; and

42

     (g) Emphasize the preservation of the existing

43

transportation system.

44

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

45

Transportation Plan shall be a unified, concise planning document

46

that clearly defines the state's long-range transportation goals

47

and objectives and documents the department's short-range

48

objectives developed to further such goals and objectives. The

49

plan shall:

50

     (a) Include a glossary that clearly and succinctly defines

51

any and all phrases, words, or terms of art included in the plan,

52

with which the general public may be unfamiliar. and shall

53

consist of, at a minimum, the following components:

54

     (b)(a) Document A long-range component documenting the

55

goals and long-term objectives necessary to implement the results

56

of the department's findings from its examination of the

57

prevailing principles and criteria provided under listed in

58

subsection (2) and s. 334.046(1). The long-range component must

59

     (c) Be developed in cooperation with the metropolitan

60

planning organizations and reconciled, to the maximum extent

61

feasible, with the long-range plans developed by metropolitan

62

planning organizations pursuant to s. 339.175. The plan must also

63

     (d) Be developed in consultation with affected local

64

officials in nonmetropolitan areas and with any affected Indian

65

tribal governments. The plan must

66

     (e) Provide an examination of transportation issues likely

67

to arise during at least a 20-year period. The long-range

68

component shall

69

     (f) Be updated at least once every 5 years, or more often

70

as necessary, to reflect substantive changes to federal or state

71

law.

72

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

73

objectives and strategies necessary to implement the goals and

74

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

75

short-range component must define the relationship between the

76

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

77

objectives against which the department's achievement of such

78

goals will be measured, and identify transportation strategies

79

necessary to efficiently achieve the goals and objectives in the

80

plan. It must provide a policy framework within which the

81

department's legislative budget request, the strategic

82

information resource management plan, and the work program are

83

developed. The short-range component shall serve as the

84

department's annual agency strategic plan pursuant to s. 186.021.

85

The short-range component shall be developed consistent with

86

available and forecasted state and federal funds. The short-range

87

component shall also be submitted to the Florida Transportation

88

Commission.

89

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

90

develop an annual performance report evaluating the operation of

91

the department for the preceding fiscal year. The report shall

92

also include a summary of the financial operations of the

93

department and shall annually evaluate how well the adopted work

94

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

95

range component of the Florida Transportation Plan. This

96

performance report shall be submitted to the Florida

97

Transportation Commission and the legislative appropriations and

98

transportation committees.

99

     (4)(5) ADDITIONAL TRANSPORTATION PLANS.--

100

     (a)  Upon request by local governmental entities, the

101

department may in its discretion develop and design

102

transportation corridors, arterial and collector streets,

103

vehicular parking areas, and other support facilities which are

104

consistent with the plans of the department for major

105

transportation facilities. The department may render to local

106

governmental entities or their planning agencies such technical

107

assistance and services as are necessary so that local plans and

108

facilities are coordinated with the plans and facilities of the

109

department.

110

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

111

186.504, or any successor agency thereto, shall develop, as an

112

element of its strategic regional policy plan, transportation

113

goals and policies. The transportation goals and policies must be

114

prioritized to comply with the prevailing principles provided in

115

subsection (2) and s. 334.046(1). The transportation goals and

116

policies shall be consistent, to the maximum extent feasible,

117

with the goals and policies of the metropolitan planning

118

organization and the Florida Transportation Plan. The

119

transportation goals and policies of the regional planning

120

council will be advisory only and shall be submitted to the

121

department and any affected metropolitan planning organization

122

for their consideration and comments. Metropolitan planning

123

organization plans and other local transportation plans shall be

124

developed consistent, to the maximum extent feasible, with the

125

regional transportation goals and policies. The regional planning

126

council shall review urbanized area transportation plans and any

127

other planning products stipulated in s. 339.175 and provide the

128

department and respective metropolitan planning organizations

129

with written recommendations which the department and the

130

metropolitan planning organizations shall take under advisement.

131

Further, the regional planning councils shall directly assist

132

local governments which are not part of a metropolitan area

133

transportation planning process in the development of the

134

transportation element of their comprehensive plans as required

135

by s. 163.3177.

136

     (c)  Regional transportation plans may be developed in

137

regional transportation areas in accordance with an interlocal

138

agreement entered into pursuant to s. 163.01 by two or more

139

contiguous metropolitan planning organizations; one or more

140

metropolitan planning organizations and one or more contiguous

141

counties, none of which is a member of a metropolitan planning

142

organization; a multicounty regional transportation authority

143

created by or pursuant to law; two or more contiguous counties

144

that are not members of a metropolitan planning organization; or

145

metropolitan planning organizations comprised of three or more

146

counties.

147

     (d)  The interlocal agreement must, at a minimum, identify

148

the entity that will coordinate the development of the regional

149

transportation plan; delineate the boundaries of the regional

150

transportation area; provide the duration of the agreement and

151

specify how the agreement may be terminated, modified, or

152

rescinded; describe the process by which the regional

153

transportation plan will be developed; and provide how members of

154

the entity will resolve disagreements regarding interpretation of

155

the interlocal agreement or disputes relating to the development

156

or content of the regional transportation plan. Such interlocal

157

agreement shall become effective upon its recordation in the

158

official public records of each county in the regional

159

transportation area.

160

     (e)  The regional transportation plan developed pursuant to

161

this section must, at a minimum, identify regionally significant

162

transportation facilities located within a regional

163

transportation area and contain a prioritized list of regionally

164

significant projects. The level-of-service standards for

165

facilities to be funded under this subsection shall be adopted by

166

the appropriate local government in accordance with s.

167

163.3180(10). The projects shall be adopted into the capital

168

improvements schedule of the local government comprehensive plan

169

pursuant to s. 163.3177(3).

170

     (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN

171

TRANSPORTATION PLANNING.--

172

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

173

the Florida Transportation Plan and prior to substantive

174

revisions, the department shall provide citizens, affected public

175

agencies, representatives of transportation agency employees,

176

other affected employee representatives, private providers of

177

transportation, and other known interested parties with an

178

opportunity to comment on the proposed plan or revisions. These

179

opportunities shall include, at a minimum, publishing a notice in

180

the Florida Administrative Weekly and within a newspaper of

181

general circulation within the area of each department district

182

office.

183

     (b)  During development of major transportation

184

improvements, such as those increasing the capacity of a facility

185

through the addition of new lanes or providing new access to a

186

limited or controlled access facility or construction of a

187

facility in a new location, the department shall hold one or more

188

hearings prior to the selection of the facility to be provided;

189

prior to the selection of the site or corridor of the proposed

190

facility; and prior to the selection of and commitment to a

191

specific design proposal for the proposed facility. Such public

192

hearings shall be conducted so as to provide an opportunity for

193

effective participation by interested persons in the process of

194

transportation planning and site and route selection and in the

195

specific location and design of transportation facilities. The

196

various factors involved in the decision or decisions and any

197

alternative proposals shall be clearly presented so that the

198

persons attending the hearing may present their views relating to

199

the decision or decisions which will be made.

200

     (c)  Opportunity for design hearings:

201

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

202

duly notify all affected property owners of record, as recorded

203

in the property appraiser's office, by mail at least 20 days

204

prior to the date set for the hearing. The affected property

205

owners shall be:

206

     a.  Those whose property lies in whole or in part within 300

207

feet on either side of the centerline of the proposed facility.

208

     b.  Those whom the department determines will be

209

substantially affected environmentally, economically, socially,

210

or safetywise.

211

     2.  For each subsequent hearing, the department shall

212

publish notice prior to the hearing date in a newspaper of

213

general circulation for the area affected. These notices must be

214

published twice, with the first notice appearing at least 15

215

days, but no later than 30 days, before the hearing.

216

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

217

be furnished to the United States Department of Transportation

218

and to the appropriate departments of the state government at the

219

time of publication.

220

     4.  The opportunity for another hearing shall be afforded in

221

any case when proposed locations or designs are so changed from

222

those presented in the notices specified above or at a hearing as

223

to have a substantially different social, economic, or

224

environmental effect.

225

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

226

case in which the department is in doubt as to whether a hearing

227

is required.

228

     Section 9.  Subsection (3) and paragraphs (b) and (c) of

229

subsection (4) of section 339.2816, Florida Statutes, are amended

230

to read:

231

     339.2816  Small County Road Assistance Program.--

232

     (3)  Beginning with fiscal year 1999-2000 until fiscal year

233

2009-2010, and beginning again with fiscal year 2012-2013, up to

234

$25 million annually from the State Transportation Trust Fund may

235

be used for the purposes of funding the Small County Road

236

Assistance Program as described in this section.

237

     (4)

238

     (b)  In determining a county's eligibility for assistance

239

under this program, the department may consider whether the

240

county has attempted to keep county roads in satisfactory

241

condition, including the amount of local option fuel tax and ad

242

valorem millage rate imposed by the county. The department may

243

also consider the extent to which the county has offered to

244

provide a match of local funds with state funds provided under

245

the program. At a minimum, small counties shall be eligible only

246

if:

247

     1. The county has enacted the maximum rate of the local

248

option fuel tax authorized by s. 336.025(1)(a)., and has imposed

249

an ad valorem millage rate of at least 8 mills; or

250

     2. The county has imposed an ad valorem millage rate of 10

251

mills.

252

     (c)  The following criteria shall be used to prioritize road

253

projects for funding under the program:

254

     1.  The primary criterion is the physical condition of the

255

road as measured by the department.

256

     2.  As secondary criteria the department may consider:

257

     a.  Whether a road is used as an evacuation route.

258

     b.  Whether a road has high levels of agricultural travel.

259

     c.  Whether a road is considered a major arterial route.

260

     d.  Whether a road is considered a feeder road.

261

     e. Whether a road is located in a fiscally constrained

262

county, as defined in s. 218.67(1).

263

     f.e. Other criteria related to the impact of a project on

264

the public road system or on the state or local economy as

265

determined by the department.

266

     Section 10.  Subsections (1) and (3) of section 339.2819,

267

Florida Statutes, are amended to read:

268

     339.2819  Transportation Regional Incentive Program.--

269

     (1)  There is created within the Department of

270

Transportation a Transportation Regional Incentive Program for

271

the purpose of providing funds to improve regionally significant

272

transportation facilities in regional transportation areas

273

created pursuant to s. 339.155(4)(5).

274

     (3)  The department shall allocate funding available for the

275

Transportation Regional Incentive Program to the districts based

276

on a factor derived from equal parts of population and motor fuel

277

collections for eligible counties in regional transportation

278

areas created pursuant to s. 339.155(4)(5).

279

     Section 11.  Subsection (6) of section 339.285, Florida

280

Statutes, is amended to read:

281

     339.285  Enhanced Bridge Program for Sustainable

282

Transportation.--

283

     (6)  Preference shall be given to bridge projects located on

284

corridors that connect to the Strategic Intermodal System,

285

created under s. 339.64, and that have been identified as

286

regionally significant in accordance with s. 339.155(4)(5)(c),

287

(d), and (e).

288

     Section 12.  Subsection (4) of section 348.0003, Florida

289

Statutes, is amended to read:

290

     348.0003  Expressway authority; formation; membership.--

291

     (4)(a)  An authority may employ an executive secretary, an

292

executive director, its own counsel and legal staff, technical

293

experts, and such engineers and employees, permanent or

294

temporary, as it may require and shall determine the

295

qualifications and fix the compensation of such persons, firms,

296

or corporations. An authority may employ a fiscal agent or

297

agents; however, the authority must solicit sealed proposals from

298

at least three persons, firms, or corporations for the

299

performance of any services as fiscal agents. An authority may

300

delegate to one or more of its agents or employees such of its

301

power as it deems necessary to carry out the purposes of the

302

Florida Expressway Authority Act, subject always to the

303

supervision and control of the authority. Members of an authority

304

may be removed from office by the Governor for misconduct,

305

malfeasance, misfeasance, or nonfeasance in office.

306

     (b)  Members of an authority are entitled to receive from

307

the authority their travel and other necessary expenses incurred

308

in connection with the business of the authority as provided in

309

s. 112.061, but they may not draw salaries or other compensation.

310

     (c) Members of each expressway an authority, transportation

311

authority, bridge authority, or toll authority, created pursuant

312

to this chapter, chapters 343 or 349, or pursuant to any other

313

legislative enactment, shall be required to comply with the

314

applicable financial disclosure requirements of s. 8, Art. II of

315

the State Constitution. This subsection does not subject a

316

statutorily created expressway authority, transportation

317

authority, bridge authority, or toll authority, other than one

318

created under this part, to any of the requirements of this part

319

other than those contained in this subsection.

320

     Section 13.  Paragraph (c) is added to subsection (1) of

321

section 348.0004, Florida Statutes, to read:

322

     348.0004  Purposes and powers.--

323

     (1)

324

     (c) Notwithstanding any other provision of law, expressway

325

authorities as defined in chapter 348 shall index toll rates on

326

toll facilities to the annual Consumer Price Index or similar

327

inflation indicators. Toll rate index for inflation under this

328

subsection must be adopted and approved by the expressway

329

authority board at a public meeting and may be made no more

330

frequently than once a year and must be made no less frequently

331

than once every 5 years as necessary to accommodate cash toll

332

rate schedules. Toll rates may be increased beyond these limits

333

as directed by bond documents, covenants, or governing body

334

authorization or pursuant to department administrative rule.

335

     Section 14. Part III of chapter 343, Florida Statutes,

336

consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,

337

343.76, and 343.77, is repealed.

338

     Section 15. The Department of Transportation, in

339

consultation with the Department of Law Enforcement, the Division

340

of Emergency Management of the Department of Community Affairs,

341

and the Office of Tourism, Trade, and Economic Development, and

342

regional planning councils within whose jurisdictional area the

343

I-95 corridor lies, shall complete a study of transportation

344

alternatives for the travel corridor parallel to Interstate 95

345

which takes into account the transportation, emergency

346

management, homeland security, and economic development needs of

347

the state. The report must include identification of cost-

348

effective measures that may be implemented to alleviate

349

congestion on Interstate 95, facilitate emergency and security

350

responses, and foster economic development. The Department of

351

Transportation shall send the report to the Governor, the

352

President of the Senate, the Speaker of the House of

353

Representatives, and each affected metropolitan planning

354

organization by June 30, 2009.

355

356

357

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

358

And the title is amended as follows:

359

     Between line(s) 30-31

360

and insert:

361

amending s. 339.155, F.S.; revising provisions for

362

development of the Florida Transportation Plan; amending

363

s. 339.2816, F.S., relating to the small county road

364

assistance program; providing for resumption of certain

365

funding for the program; revising the criteria for

366

counties eligible to participate in the program; amending

367

ss. 339.2819 and 339.285, F.S.; conforming cross-

368

references; amending s. 348.0003, F.S.; providing for

369

financial disclosure for expressway, transportation,

370

bridge, and toll authorities; amending s. 348.0004, F.S.;

371

providing for certain expressway authorities to index toll

372

rate increases; repealing part III of ch. 343 F.S.;

373

abolishing the Tampa Bay Commuter Transit Authority;

374

requiring the department to conduct a study of

375

transportation alternatives for the Interstate 95

376

corridor;

4/18/2008  5:35:00 PM     TR.TA.08062