Florida Senate - 2019                                    SB 1448
       By Senator Gruters
       23-01447-19                                           20191448__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Transportation
    3         Commission; amending s. 20.23, F.S.; removing the
    4         requirement that the Secretary of Transportation be
    5         nominated by the Florida Transportation Commission;
    6         removing the requirement that the secretary provide
    7         assistance to the commission; deleting provisions
    8         relating to the creation, membership, duties,
    9         meetings, executive director and staff, and the budget
   10         of the commission; deleting the requirement that the
   11         commission review certain transportation policy
   12         initiatives; repealing s. 334.045, F.S., relating to
   13         transportation performance and productivity standards;
   14         amending s. 334.048, F.S.; conforming provisions to
   15         changes made by the act; amending s. 334.065, F.S.;
   16         revising the membership and member approval of the
   17         Center for Urban Transportation Research advisory
   18         board; amending s. 339.135, F.S.; revising provisions
   19         relating to the review and the evaluation of the
   20         Department of Transportation’s tentative work program;
   21         amending s. 339.64, F.S.; conforming provisions to
   22         changes made by the act; amending s. 348.0004, F.S.;
   23         requiring the department to determine certain average
   24         administrative costs for expressway authorities;
   25         deleting commission rulemaking authority; amending s.
   26         110.205, F.S.; conforming cross-references; providing
   27         an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Paragraphs (a) and (c) of subsection (1),
   32  subsection (2), and paragraph (a) of present subsection (3) of
   33  section 20.23, Florida Statutes, are amended to read:
   34         20.23 Department of Transportation.—There is created a
   35  Department of Transportation which shall be a decentralized
   36  agency.
   37         (1)(a) The head of the Department of Transportation is the
   38  Secretary of Transportation. The secretary shall be appointed by
   39  the Governor from among three persons nominated by the Florida
   40  Transportation Commission and shall be subject to confirmation
   41  by the Senate. The secretary shall serve at the pleasure of the
   42  Governor.
   43         (c)The secretary shall provide to the Florida
   44  Transportation Commission or its staff, such assistance,
   45  information, and documents as are requested by the commission or
   46  its staff to enable the commission to fulfill its duties and
   47  responsibilities.
   48         (2)(a)1.The Florida Transportation Commission is hereby
   49  created and shall consist of nine members appointed by the
   50  Governor subject to confirmation by the Senate. Members of the
   51  commission shall serve terms of 4 years each.
   52         2.Members shall be appointed in such a manner as to
   53  equitably represent all geographic areas of the state. Each
   54  member must be a registered voter and a citizen of the state.
   55  Each member of the commission must also possess business
   56  managerial experience in the private sector.
   57         3.A member of the commission shall represent the
   58  transportation needs of the state as a whole and may not
   59  subordinate the needs of the state to those of any particular
   60  area of the state.
   61         4.The commission is assigned to the Office of the
   62  Secretary of the Department of Transportation for administrative
   63  and fiscal accountability purposes, but it shall otherwise
   64  function independently of the control and direction of the
   65  department.
   66         (b)The commission shall:
   67         1.Recommend major transportation policies for the
   68  Governor’s approval and assure that approved policies and any
   69  revisions are properly executed.
   70         2.Periodically review the status of the state
   71  transportation system including highway, transit, rail, seaport,
   72  intermodal development, and aviation components of the system
   73  and recommend improvements to the Governor and the Legislature.
   74         3.Perform an in-depth evaluation of the annual department
   75  budget request, the Florida Transportation Plan, and the
   76  tentative work program for compliance with all applicable laws
   77  and established departmental policies. Except as specifically
   78  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
   79  not consider individual construction projects, but shall
   80  consider methods of accomplishing the goals of the department in
   81  the most effective, efficient, and businesslike manner.
   82         4.Monitor the financial status of the department on a
   83  regular basis to assure that the department is managing revenue
   84  and bond proceeds responsibly and in accordance with law and
   85  established policy.
   86         5.Monitor on at least a quarterly basis, the efficiency,
   87  productivity, and management of the department using performance
   88  and production standards developed by the commission pursuant to
   89  s. 334.045.
   90         6.Perform an in-depth evaluation of the factors causing
   91  disruption of project schedules in the adopted work program and
   92  recommend to the Governor and the Legislature methods to
   93  eliminate or reduce the disruptive effects of these factors.
   94         7.Recommend to the Governor and the Legislature
   95  improvements to the department’s organization in order to
   96  streamline and optimize the efficiency of the department. In
   97  reviewing the department’s organization, the commission shall
   98  determine if the current district organizational structure is
   99  responsive to this state’s changing economic and demographic
  100  development patterns. The initial report by the commission must
  101  be delivered to the Governor and the Legislature by December 15,
  102  2000, and each year thereafter, as appropriate. The commission
  103  may retain experts as necessary to carry out this subparagraph,
  104  and the department shall pay the expenses of the experts.
  105         8.Monitor the efficiency, productivity, and management of
  106  the authorities created under chapters 348 and 349, including
  107  any authority formed using part I of chapter 348; the Mid-Bay
  108  Bridge Authority re-created pursuant to chapter 2000-411, Laws
  109  of Florida; and any authority formed under chapter 343. The
  110  commission shall also conduct periodic reviews of each
  111  authority’s operations and budget, acquisition of property,
  112  management of revenue and bond proceeds, and compliance with
  113  applicable laws and generally accepted accounting principles.
  114         (c)The commission or a member thereof may not enter into
  115  the day-to-day operation of the department or a monitored
  116  authority and is specifically prohibited from taking part in:
  117         1.The awarding of contracts.
  118         2.The selection of a consultant or contractor or the
  119  prequalification of any individual consultant or contractor.
  120  However, the commission may recommend to the secretary standards
  121  and policies governing the procedure for selection and
  122  prequalification of consultants and contractors.
  123         3.The selection of a route for a specific project.
  124         4.The specific location of a transportation facility.
  125         5.The acquisition of rights-of-way.
  126         6.The employment, promotion, demotion, suspension,
  127  transfer, or discharge of any department personnel.
  128         7.The granting, denial, suspension, or revocation of any
  129  license or permit issued by the department.
  130         (d)1.The chair of the commission shall be selected by the
  131  commission members and shall serve a 1-year term.
  132         2.The commission shall hold a minimum of 4 regular
  133  meetings annually, and other meetings may be called by the chair
  134  upon giving at least 1 week’s notice to all members and the
  135  public pursuant to chapter 120. Other meetings may also be held
  136  upon the written request of at least four other members of the
  137  commission, with at least 1 week’s notice of such meeting being
  138  given to all members and the public by the chair pursuant to
  139  chapter 120. Emergency meetings may be held without notice upon
  140  the request of all members of the commission. At each meeting of
  141  the commission, the secretary or his or her designee shall
  142  submit a report of major actions taken by him or her as the
  143  official representative of the department.
  144         3.A majority of the membership of the commission
  145  constitutes a quorum at any meeting of the commission. An action
  146  of the commission is not binding unless the action is taken
  147  pursuant to an affirmative vote of a majority of the members
  148  present, but not fewer than four members of the commission at a
  149  meeting held pursuant to subparagraph 2., and the vote is
  150  recorded in the minutes of that meeting.
  151         4.The chair shall cause to be made a complete record of
  152  the proceedings of the commission, which record shall be open
  153  for public inspection.
  154         (e)The meetings of the commission shall be held in the
  155  central office of the department in Tallahassee unless the chair
  156  determines that special circumstances warrant meeting at another
  157  location.
  158         (f)Members of the commission are entitled to per diem and
  159  travel expenses pursuant to s. 112.061.
  160         (g)A member of the commission may not have any interest,
  161  direct or indirect, in any contract, franchise, privilege, or
  162  other benefit granted or awarded by the department during the
  163  term of his or her appointment and for 2 years after the
  164  termination of such appointment.
  165         (h)The commission shall appoint an executive director and
  166  assistant executive director, who shall serve under the
  167  direction, supervision, and control of the commission. The
  168  executive director, with the consent of the commission, shall
  169  employ such staff as are necessary to perform adequately the
  170  functions of the commission, within budgetary limitations. All
  171  employees of the commission are exempt from part II of chapter
  172  110 and shall serve at the pleasure of the commission. The
  173  salaries and benefits of all employees of the commission shall
  174  be set in accordance with the Selected Exempt Service; provided,
  175  however, that the commission shall have complete authority for
  176  fixing the salary of the executive director and assistant
  177  executive director.
  178         (i)The commission shall develop a budget pursuant to
  179  chapter 216. The budget is not subject to change by the
  180  department, but such budget shall be submitted to the Governor
  181  along with the budget of the department.
  182         (2)(3)(a) The central office shall establish departmental
  183  policies, rules, procedures, and standards and shall monitor the
  184  implementation of such policies, rules, procedures, and
  185  standards in order to ensure uniform compliance and quality
  186  performance by the districts and central office units that
  187  implement transportation programs. Major transportation policy
  188  initiatives or revisions shall be submitted to the commission
  189  for review.
  190         Section 2. Section 334.045, Florida Statutes, is repealed.
  191         Section 3. Subsection (1) of section 334.048, Florida
  192  Statutes, is amended to read:
  193         334.048 Legislative intent with respect to department
  194  management accountability and monitoring systems.—The department
  195  shall implement the following accountability and monitoring
  196  systems to evaluate whether the department’s goals are being
  197  accomplished efficiently and cost-effectively, and ensure
  198  compliance with all laws, rules, policies, and procedures
  199  related to the department’s operations:
  200         (1)The Transportation Commission shall monitor those
  201  aspects of the department’s operations as assigned in s. 20.23.
  203  Such systems are herein established to quickly identify and
  204  resolve problems, to hold responsible parties accountable, and
  205  to ensure that all costs to the taxpayer are recovered.
  206         Section 4. Subsection (3) of section 334.065, Florida
  207  Statutes, is amended to read:
  208         334.065 Center for Urban Transportation Research.—
  209         (3) An advisory board shall be created to periodically and
  210  objectively review and advise the center concerning its research
  211  program. Except for projects mandated by law, state-funded base
  212  projects shall not be undertaken without approval of the
  213  advisory board. The membership of the board shall consist of
  214  nine experts in transportation-related areas, including the
  215  secretaries of the Florida Departments of Transportation and
  216  Environmental Protection and, the executive director of the
  217  Department of Economic Opportunity, or their designees, and a
  218  member of the Florida Transportation Commission. The nomination
  219  of the remaining members of the board shall be made to the
  220  President of the University of South Florida by the College of
  221  Engineering at the University of South Florida, and the
  222  appointment of these members must be reviewed and approved by
  223  the Florida Transportation Commission and confirmed by the Board
  224  of Governors.
  225         Section 5. Paragraphs (c), (d), (f), (g), and (h) of
  226  subsection (4) of section 339.135, Florida Statutes, are amended
  227  to read:
  228         339.135 Work program; legislative budget request;
  229  definitions; preparation, adoption, execution, and amendment.—
  231         (c)1. For purposes of this section, the board of county
  232  commissioners shall serve as the metropolitan planning
  233  organization in those counties which are not located in a
  234  metropolitan planning organization and shall be involved in the
  235  development of the district work program to the same extent as a
  236  metropolitan planning organization.
  237         2. The district work program shall be developed
  238  cooperatively from the outset with the various metropolitan
  239  planning organizations of the state and include, to the maximum
  240  extent feasible, the project priorities of metropolitan planning
  241  organizations which have been submitted to the district by
  242  October 1 of each year pursuant to s. 339.175(8)(b); however,
  243  the department and a metropolitan planning organization may, in
  244  writing, cooperatively agree to vary this submittal date. To
  245  assist the metropolitan planning organizations in developing
  246  their lists of project priorities, the district shall disclose
  247  to each metropolitan planning organization any anticipated
  248  changes in the allocation or programming of state and federal
  249  funds which may affect the inclusion of metropolitan planning
  250  organization project priorities in the district work program.
  251         3. Before Prior to submittal of the district work program
  252  to the central office, the district shall provide the affected
  253  metropolitan planning organization with written justification
  254  for any project proposed to be rescheduled or deleted from the
  255  district work program which project is part of the metropolitan
  256  planning organization’s transportation improvement program and
  257  is contained in the last 4 years of the previous adopted work
  258  program. By no later than 14 days after submittal of the
  259  district work program to the central office, the affected
  260  metropolitan planning organization may file an objection to such
  261  rescheduling or deletion. When an objection is filed with the
  262  secretary, the rescheduling or deletion may not be included in
  263  the district work program unless the inclusion of such
  264  rescheduling or deletion is specifically approved by the
  265  secretary. The Florida Transportation Commission shall include
  266  such objections in its evaluation of the tentative work program
  267  only when the secretary has approved the rescheduling or
  268  deletion.
  269         (d) Before Prior to the submission of the district work
  270  program to the central office, each district office shall hold a
  271  public hearing in at least one urbanized area in the district
  272  and shall make a presentation at a meeting of each metropolitan
  273  planning organization in the district to determine the necessity
  274  of making any changes to projects included or to be included in
  275  the district work program and to hear requests for new projects
  276  to be added to, or existing projects to be deleted from, the
  277  district work program. However, the district and metropolitan
  278  planning organization shall minimize changes to, deletions from,
  279  or adjustments to projects or project phases contained in the 4
  280  common years of the previous adopted work program and the
  281  district work program. The district shall provide the
  282  metropolitan planning organization with a written explanation
  283  for any project which is contained in the metropolitan planning
  284  organization’s transportation improvement program and which is
  285  not included in the district work program. The metropolitan
  286  planning organization may request in writing to the appropriate
  287  district secretary further consideration of any specific project
  288  not included or not adequately addressed in the district work
  289  program. The district secretary shall acknowledge and review all
  290  such requests before prior to the submission of the district
  291  work program to the central office and shall forward a copy of
  292  such requests to the secretary and the Florida Transportation
  293  Commission. The commission shall include such requests in its
  294  evaluation of the tentative work program.
  295         (f) The central office shall submit a preliminary copy of
  296  the tentative work program to the Executive Office of the
  297  Governor, the legislative appropriations committees, the Florida
  298  Transportation Commission, and the Department of Economic
  299  Opportunity at least 14 days before prior to the convening of
  300  the regular legislative session. Before Prior to the submission
  301  of the tentative work program statewide public hearing required
  302  by paragraph (g), the Department of Economic Opportunity shall
  303  transmit to the department Florida Transportation Commission a
  304  list of those projects and project phases contained in the
  305  tentative work program which are identified as being
  306  inconsistent with approved local government comprehensive plans.
  307  For urbanized areas of metropolitan planning organizations, the
  308  list may not contain any project or project phase that is
  309  scheduled in a transportation improvement program unless such
  310  inconsistency has been previously reported to the affected
  311  metropolitan planning organization.
  312         (g)1.The Florida Transportation Commission shall conduct a
  313  statewide public hearing on the tentative work program and shall
  314  advertise the time, place, and purpose of the hearing in the
  315  Florida Administrative Register at least 7 days prior to the
  316  hearing. As part of the statewide public hearing, the commission
  317  shall, at a minimum:
  318         a.Conduct an in-depth evaluation of the tentative work
  319  program for compliance with applicable laws and departmental
  320  policies; and
  321         b.Hear all questions, suggestions, or other comments
  322  offered by the public.
  323         2.By no later than 14 days after the regular legislative
  324  session begins, the commission shall submit to the Executive
  325  Office of the Governor and the legislative appropriations
  326  committees a report that evaluates the tentative work program
  327  for:
  328         a.Financial soundness;
  329         b.Stability;
  330         c.Production capacity;
  331         d.Accomplishments, including compliance with program
  332  objectives in s. 334.046;
  333         e.Compliance with approved local government comprehensive
  334  plans;
  335         f.Objections and requests by metropolitan planning
  336  organizations;
  337         g.Policy changes and effects thereof;
  338         h.Identification of statewide or regional projects; and
  339         i.Compliance with all other applicable laws.
  340         (g)(h)Following evaluation by the Florida Transportation
  341  Commission, The department shall submit the tentative work
  342  program to the Executive Office of the Governor and the
  343  legislative appropriations committees no later than 14 days
  344  after the regular legislative session begins.
  345         Section 6. Subsection (2) of section 339.64, Florida
  346  Statutes, is amended to read:
  347         339.64 Strategic Intermodal System Plan.—
  348         (2)In association with the continued development of the
  349  Strategic Intermodal System Plan, the Florida Transportation
  350  Commission, as part of its work program review process, shall
  351  conduct an annual assessment of the progress that the department
  352  and its transportation partners have made in realizing the goals
  353  of economic development, improved mobility, and increased
  354  intermodal connectivity of the Strategic Intermodal System. The
  355  Florida Transportation Commission shall coordinate with the
  356  department and other appropriate entities when developing this
  357  assessment. The Florida Transportation Commission shall deliver
  358  a report to the Governor and Legislature no later than 14 days
  359  after the regular session begins, with recommendations as
  360  necessary to fully implement the Strategic Intermodal System.
  361         Section 7. Paragraph (e) of subsection (2) of section
  362  348.0004, Florida Statutes, is amended to read:
  363         348.0004 Purposes and powers.—
  364         (2) Each authority may exercise all powers necessary,
  365  appurtenant, convenient, or incidental to the carrying out of
  366  its purposes, including, but not limited to, the following
  367  rights and powers:
  368         (e) To fix, alter, charge, establish, and collect tolls,
  369  rates, fees, rentals, and other charges for the services and
  370  facilities system, which tolls, rates, fees, rentals, and other
  371  charges must always be sufficient to comply with any covenants
  372  made with the holders of any bonds issued pursuant to the
  373  Florida Expressway Authority Act. However, such right and power
  374  may be assigned or delegated by the authority to the department.
  375         1. Notwithstanding any other provision of law to the
  376  contrary, but subject to any contractual requirements contained
  377  in documents securing any indebtedness outstanding on July 1,
  378  2017, in any county as defined in s. 125.011(1):
  379         a. The authority may not increase a toll unless the
  380  increase is justified to the satisfaction of the authority by a
  381  traffic and revenue study conducted by an independent third
  382  party, except for an increase to the extent necessary to adjust
  383  for inflation pursuant to the procedure for toll rate
  384  adjustments provided in s. 338.165.
  385         b. A toll increase must be approved by a two-thirds vote of
  386  the expressway authority board.
  387         c. The amount of toll revenues used for administrative
  388  expenses by the authority may not be greater than 10 percent
  389  above the annual state average of administrative costs
  390  determined as provided in this sub-subparagraph. The department
  391  Florida Transportation Commission shall determine the annual
  392  state average of administrative costs based on the annual
  393  administrative expenses of all the expressway authorities of
  394  this state. For purposes of this sub-subparagraph,
  395  administrative expenses include, but are not limited to,
  396  employee salaries and benefits, small business outreach,
  397  insurance, professional service contracts not directly related
  398  to the operation and maintenance of the expressway system, and
  399  other overhead costs. The commission may adopt rules necessary
  400  for the implementation of this sub-subparagraph.
  401         d. On transportation facilities constructed after July 1,
  402  2017, there must be a distance of at least 5 miles between main
  403  through-lane tolling points. The distance requirement of this
  404  sub-subparagraph does not apply to entry and exit ramps.
  405         2. Notwithstanding s. 338.165 or any other provision of law
  406  to the contrary, in any county as defined in s. 125.011(1), to
  407  the extent surplus revenues exist, they may be used for purposes
  408  enumerated in subsection (8), provided the expenditures are
  409  consistent with the metropolitan planning organization’s adopted
  410  long-range plan.
  411         3. Notwithstanding any other provision of law to the
  412  contrary, but subject to any contractual requirements contained
  413  in documents securing any outstanding indebtedness payable from
  414  tolls, in any county as defined in s. 125.011(1), the board of
  415  county commissioners may, by ordinance adopted on or before
  416  September 30, 1999, alter or abolish existing tolls and
  417  currently approved increases thereto if the board provides a
  418  local source of funding to the county expressway system for
  419  transportation in an amount sufficient to replace revenues
  420  necessary to meet bond obligations secured by such tolls and
  421  increases.
  422         Section 8. Paragraphs (j) and (m) of subsection (2) of
  423  section 110.205, Florida Statutes, are amended to read:
  424         110.205 Career service; exemptions.—
  425         (2) EXEMPT POSITIONS.—The exempt positions that are not
  426  covered by this part include the following:
  427         (j) The appointed secretaries and the State Surgeon
  428  General, assistant secretaries, deputy secretaries, and deputy
  429  assistant secretaries of all departments; the executive
  430  directors, assistant executive directors, deputy executive
  431  directors, and deputy assistant executive directors of all
  432  departments; the directors of all divisions and those positions
  433  determined by the department to have managerial responsibilities
  434  comparable to such positions, which positions include, but are
  435  not limited to, program directors, assistant program directors,
  436  district administrators, deputy district administrators, the
  437  Director of Central Operations Services of the Department of
  438  Children and Families, the State Transportation Development
  439  Administrator, the State Public Transportation and Modal
  440  Administrator, district secretaries, district directors of
  441  transportation development, transportation operations,
  442  transportation support, and the managers of the offices of the
  443  Department of Transportation specified in s. 20.23(2)(b) s.
  444  20.23(3)(b). Unless otherwise fixed by law, the department shall
  445  set the salary and benefits of these positions and the positions
  446  of county health department directors and county health
  447  department administrators of the Department of Health in
  448  accordance with the rules of the Senior Management Service.
  449         (m) All assistant division director, deputy division
  450  director, and bureau chief positions in any department, and
  451  those positions determined by the department to have managerial
  452  responsibilities comparable to such positions, which include,
  453  but are not limited to:
  454         1. Positions in the Department of Health and the Department
  455  of Children and Families which are assigned primary duties of
  456  serving as the superintendent or assistant superintendent of an
  457  institution.
  458         2. Positions in the Department of Corrections which are
  459  assigned primary duties of serving as the warden, assistant
  460  warden, colonel, or major of an institution or that are assigned
  461  primary duties of serving as the circuit administrator or deputy
  462  circuit administrator.
  463         3. Positions in the Department of Transportation which are
  464  assigned primary duties of serving as regional toll managers and
  465  managers of offices, as specified in s. 20.23(2)(b) and (3)(c)
  466  s. 20.23(3)(b) and (4)(c).
  467         4. Positions in the Department of Environmental Protection
  468  which are assigned the duty of an Environmental Administrator or
  469  program administrator.
  470         5. Positions in the Department of Health which are assigned
  471  the duties of Environmental Administrator, Assistant County
  472  Health Department Director, and County Health Department
  473  Financial Administrator.
  474         6. Positions in the Department of Highway Safety and Motor
  475  Vehicles which are assigned primary duties of serving as
  476  captains in the Florida Highway Patrol.
  478  Unless otherwise fixed by law, the department shall set the
  479  salary and benefits of the positions listed in this paragraph in
  480  accordance with the rules established for the Selected Exempt
  481  Service.
  482         Section 9. This act shall take effect July 1, 2019.