Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1032
       
       
       
       
       
       
                                Ì607432ÆÎ607432                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/06/2024           .                                
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       The Committee on Transportation (Gruters) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (e) of subsection (1) of section
    6  20.23, Florida Statutes, is amended to read:
    7         20.23 Department of Transportation.—There is created a
    8  Department of Transportation which shall be a decentralized
    9  agency.
   10         (1)
   11         (e) The Any secretary appointed after July 5, 1989, and the
   12  assistant secretaries are shall be exempt from the provisions of
   13  part III of chapter 110 and shall receive compensation
   14  commensurate with their qualifications and competitive with
   15  compensation for comparable responsibility in the private
   16  sector.
   17         Section 2. Subsection (3) of section 334.065, Florida
   18  Statutes, is amended to read:
   19         334.065 Center for Urban Transportation Research.—
   20         (3) An advisory board shall be created to periodically and
   21  objectively review and advise the center concerning its research
   22  program. Except for projects mandated by law, state-funded base
   23  projects shall not be undertaken without approval of the
   24  advisory board. The membership of the board shall be composed
   25  consist of 10 nine experts in transportation-related areas, as
   26  follows:
   27         (a)One member appointed by the President of the Senate.
   28         (b)One member appointed by the Speaker of the House of
   29  Representatives.
   30         (c)The Secretary of Transportation or his or her designee.
   31         (d)The Secretary of Commerce or his or her designee.
   32         (e)A member of the Florida Transportation Commission.
   33         (f)Five including the secretaries of the Department of
   34  Transportation, the Department of Environmental Protection, and
   35  the Department of Economic Opportunity, or their designees, and
   36  a member of the Florida Transportation Commission. The
   37  nomination of the remaining members recommended of the board
   38  shall be made to the President of the University of South
   39  Florida by the College of Engineering at the University of South
   40  Florida., and The appointment of these members must be reviewed
   41  and approved by the Florida Transportation Commission and
   42  confirmed by the Board of Governors.
   43         Section 3. Paragraph (d) of subsection (3) of section
   44  334.066, Florida Statutes, is amended to read:
   45         334.066 Implementing Solutions from Transportation Research
   46  and Evaluating Emerging Technologies Living Lab.—
   47         (3) An advisory board shall be created to periodically
   48  review and advise I-STREET concerning its research program. The
   49  board shall consist of nine members with expertise in
   50  transportation-related areas, as follows:
   51         (d) The Secretary of Commerce Economic Opportunity or his
   52  or her designee.
   53         Section 4. Present subsection (10) of section 339.175,
   54  Florida Statutes, is redesignated as subsection (11), a new
   55  subsection (10) is added to that section, and subsection (1),
   56  paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
   57  subsection (6), subsection (7), and present subsection (11) are
   58  amended, to read:
   59         339.175 Metropolitan planning organization.—
   60         (1) INTENT PURPOSE.—It is the intent of the Legislature to
   61  encourage and promote the safe and efficient management,
   62  operation, and development of multimodal surface transportation
   63  systems that will serve the mobility needs of people and freight
   64  and foster economic growth and development within and through
   65  urbanized areas of this state while balancing the conservation
   66  of natural resources minimizing transportation-related fuel
   67  consumption, air pollution, and greenhouse gas emissions through
   68  metropolitan transportation planning processes identified in
   69  this section. To accomplish these objectives, metropolitan
   70  planning organizations, referred to in this section as M.P.O.’s,
   71  shall develop, in cooperation with the state and public transit
   72  operators, transportation plans and programs for metropolitan
   73  areas. The plans and programs for each metropolitan area must
   74  provide for the development and integrated management and
   75  operation of transportation systems and facilities, including
   76  pedestrian walkways and bicycle transportation facilities that
   77  will function as an intermodal transportation system for the
   78  metropolitan area, based upon the prevailing principles provided
   79  in s. 334.046(1). The process for developing such plans and
   80  programs shall provide for consideration of all modes of
   81  transportation and shall be continuing, cooperative, and
   82  comprehensive, to the degree appropriate, based on the
   83  complexity of the transportation problems to be addressed. To
   84  ensure that the process is integrated with the statewide
   85  planning process, M.P.O.’s shall develop plans and programs that
   86  identify transportation facilities that should function as an
   87  integrated metropolitan transportation system, giving emphasis
   88  to facilities that serve important national, state, and regional
   89  transportation functions. For the purposes of this section,
   90  those facilities include the facilities on the Strategic
   91  Intermodal System designated under s. 339.63 and facilities for
   92  which projects have been identified pursuant to s. 339.2819(4).
   93         (2) DESIGNATION.—
   94         (a)1. An M.P.O. shall be designated for each urbanized area
   95  of the state; however, this does not require that an individual
   96  M.P.O. be designated for each such area. Such designation shall
   97  be accomplished by agreement between the Governor and units of
   98  general-purpose local government representing at least 75
   99  percent of the population of the urbanized area; however, the
  100  unit of general-purpose local government that represents the
  101  central city or cities within the M.P.O. jurisdiction, as
  102  defined by the United States Bureau of the Census, must be a
  103  party to such agreement.
  104         2. To the extent possible, only one M.P.O. shall be
  105  designated for each urbanized area or group of contiguous
  106  urbanized areas. More than one M.P.O. may be designated within
  107  an existing urbanized area only if the Governor and the existing
  108  M.P.O. determine that the size and complexity of the existing
  109  urbanized area makes the designation of more than one M.P.O. for
  110  the area appropriate. After July 1, 2024, no additional M.P.O.’s
  111  may be designated in this state except in urbanized areas, as
  112  defined by the United States Bureau of the Census, where the
  113  urbanized area boundary is not contiguous to an urbanized area
  114  designated before the 2020 census, in which case each M.P.O.
  115  designated for the area must:
  116         a.Consult with every other M.P.O. designated for the
  117  urbanized area and the state to coordinate plans and
  118  transportation improvement programs.
  119         b.Ensure, to the maximum extent practicable, the
  120  consistency of data used in the planning process, including data
  121  used in forecasting travel demand within the urbanized area.
  122  
  123  Each M.P.O. required under this section must be fully operative
  124  no later than 6 months following its designation.
  125         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
  126  privileges, and authority of an M.P.O. are those specified in
  127  this section or incorporated in an interlocal agreement
  128  authorized under s. 163.01. Each M.P.O. shall perform all acts
  129  required by federal or state laws or rules, now and subsequently
  130  applicable, which are necessary to qualify for federal aid. It
  131  is the intent of this section that each M.P.O. be involved in
  132  the planning and programming of transportation facilities,
  133  including, but not limited to, airports, intercity and high
  134  speed rail lines, seaports, and intermodal facilities, to the
  135  extent permitted by state or federal law. An M.P.O. may not
  136  perform project production or delivery for capital improvement
  137  projects on the State Highway System.
  138         (b) In developing the long-range transportation plan and
  139  the transportation improvement program required under paragraph
  140  (a), each M.P.O. shall provide for consideration of projects and
  141  strategies that will:
  142         1. Support the economic vitality of the contiguous
  143  urbanized metropolitan area, especially by enabling global
  144  competitiveness, productivity, and efficiency.
  145         2. Increase the safety and security of the transportation
  146  system for motorized and nonmotorized users.
  147         3. Increase the accessibility and mobility options
  148  available to people and for freight.
  149         4. Protect and enhance the environment, conserve natural
  150  resources promote energy conservation, and improve quality of
  151  life.
  152         5. Enhance the integration and connectivity of the
  153  transportation system, across and between modes and contiguous
  154  urbanized metropolitan areas, for people and freight.
  155         6. Promote efficient system management and operation.
  156         7. Emphasize the preservation of the existing
  157  transportation system.
  158         8. Improve the resilience of transportation infrastructure.
  159         9. Reduce traffic and congestion.
  160         (i) By February 28, 2025 December 31, 2023, the M.P.O.’s
  161  serving Lee and Collier Hillsborough, Pasco, and Pinellas
  162  Counties must submit a feasibility report to the Governor, the
  163  President of the Senate, and the Speaker of the House of
  164  Representatives exploring the benefits, costs, and process of
  165  consolidation into a single M.P.O. serving the contiguous
  166  urbanized area, the goal of which would be to:
  167         1. Coordinate transportation projects deemed to be
  168  regionally significant.
  169         2. Review the impact of regionally significant land use
  170  decisions on the region.
  171         3. Review all proposed regionally significant
  172  transportation projects in their respective the transportation
  173  improvement programs.
  174         (j)1. To more fully accomplish the purposes for which
  175  M.P.O.’s have been mandated, the department shall, at least
  176  annually, convene M.P.O.’s of similar size, based on the size of
  177  population served, for the purpose of exchanging best practices.
  178  M.P.O.’s may shall develop committees or working groups as
  179  needed to accomplish such purpose. At the discretion of the
  180  department, training for new M.P.O. governing board members must
  181  be provided by the department, by an entity pursuant to a
  182  contract with the department, by the Florida Center for Urban
  183  Transportation Research, or by the Implementing Solutions from
  184  Transportation Research and Evaluating Emerging Technologies (I
  185  STREET) Living Lab coordination mechanisms with one another to
  186  expand and improve transportation within the state. The
  187  appropriate method of coordination between M.P.O.’s shall vary
  188  depending upon the project involved and given local and regional
  189  needs. Consequently, it is appropriate to set forth a flexible
  190  methodology that can be used by M.P.O.’s to coordinate with
  191  other M.P.O.’s and appropriate political subdivisions as
  192  circumstances demand.
  193         2. Any M.P.O. may join with any other M.P.O. or any
  194  individual political subdivision to coordinate activities or to
  195  achieve any federal or state transportation planning or
  196  development goals or purposes consistent with federal or state
  197  law. When an M.P.O. determines that it is appropriate to join
  198  with another M.P.O. or any political subdivision to coordinate
  199  activities, the M.P.O. or political subdivision shall enter into
  200  an interlocal agreement pursuant to s. 163.01, which, at a
  201  minimum, creates a separate legal or administrative entity to
  202  coordinate the transportation planning or development activities
  203  required to achieve the goal or purpose; provides the purpose
  204  for which the entity is created; provides the duration of the
  205  agreement and the entity and specifies how the agreement may be
  206  terminated, modified, or rescinded; describes the precise
  207  organization of the entity, including who has voting rights on
  208  the governing board, whether alternative voting members are
  209  provided for, how voting members are appointed, and what the
  210  relative voting strength is for each constituent M.P.O. or
  211  political subdivision; provides the manner in which the parties
  212  to the agreement will provide for the financial support of the
  213  entity and payment of costs and expenses of the entity; provides
  214  the manner in which funds may be paid to and disbursed from the
  215  entity; and provides how members of the entity will resolve
  216  disagreements regarding interpretation of the interlocal
  217  agreement or disputes relating to the operation of the entity.
  218  Such interlocal agreement shall become effective upon its
  219  recordation in the official public records of each county in
  220  which a member of the entity created by the interlocal agreement
  221  has a voting member. Multiple M.P.O.’s may merge, combine, or
  222  otherwise join together as a single M.P.O.
  223         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
  224  develop a long-range transportation plan that addresses at least
  225  a 20-year planning horizon. The plan must include both long
  226  range and short-range strategies and must comply with all other
  227  state and federal requirements. The prevailing principles to be
  228  considered in the long-range transportation plan are: preserving
  229  the existing transportation infrastructure; enhancing Florida’s
  230  economic competitiveness; and improving travel choices to ensure
  231  mobility. The long-range transportation plan must be consistent,
  232  to the maximum extent feasible, with future land use elements
  233  and the goals, objectives, and policies of the approved local
  234  government comprehensive plans of the units of local government
  235  located within the jurisdiction of the M.P.O. Each M.P.O. is
  236  encouraged to consider strategies that integrate transportation
  237  and land use planning to provide for sustainable development and
  238  reduce greenhouse gas emissions. The approved long-range
  239  transportation plan must be considered by local governments in
  240  the development of the transportation elements in local
  241  government comprehensive plans and any amendments thereto. The
  242  long-range transportation plan must, at a minimum:
  243         (a) Identify transportation facilities, including, but not
  244  limited to, major roadways, airports, seaports, spaceports,
  245  commuter rail systems, transit systems, and intermodal or
  246  multimodal terminals that will function as an integrated
  247  metropolitan transportation system. The long-range
  248  transportation plan must give emphasis to those transportation
  249  facilities that serve national, statewide, or regional
  250  functions, and must consider the goals and objectives identified
  251  in the Florida Transportation Plan as provided in s. 339.155. If
  252  a project is located within the boundaries of more than one
  253  M.P.O., the M.P.O.’s must coordinate plans regarding the project
  254  in the long-range transportation plan. Multiple M.P.O.’s within
  255  a contiguous urbanized area must coordinate the development of
  256  long-range transportation plans to be reviewed by the
  257  Metropolitan Planning Organization Advisory Council.
  258         (b) Include a financial plan that demonstrates how the plan
  259  can be implemented, indicating resources from public and private
  260  sources which are reasonably expected to be available to carry
  261  out the plan, and recommends any additional financing strategies
  262  for needed projects and programs. The financial plan may
  263  include, for illustrative purposes, additional projects that
  264  would be included in the adopted long-range transportation plan
  265  if reasonable additional resources beyond those identified in
  266  the financial plan were available. For the purpose of developing
  267  the long-range transportation plan, the M.P.O. and the
  268  department shall cooperatively develop estimates of funds that
  269  will be available to support the plan implementation. Innovative
  270  financing techniques may be used to fund needed projects and
  271  programs. Such techniques may include the assessment of tolls,
  272  public-private partnerships, the use of value capture financing,
  273  or the use of value pricing. Multiple M.P.O.’s within a
  274  contiguous urbanized area must ensure, to the maximum extent
  275  possible, the consistency of data used in the planning process.
  276         (c) Assess capital investment and other measures necessary
  277  to:
  278         1. Ensure the preservation of the existing metropolitan
  279  transportation system including requirements for the operation,
  280  resurfacing, restoration, and rehabilitation of major roadways
  281  and requirements for the operation, maintenance, modernization,
  282  and rehabilitation of public transportation facilities; and
  283         2. Make the most efficient use of existing transportation
  284  facilities to relieve vehicular congestion, improve safety, and
  285  maximize the mobility of people and goods. Such efforts must
  286  include, but are not limited to, consideration of infrastructure
  287  and technological improvements necessary to accommodate advances
  288  in vehicle technology, such as automated driving systems and
  289  other developments.
  290         (d) Indicate, as appropriate, proposed transportation
  291  enhancement activities, including, but not limited to,
  292  pedestrian and bicycle facilities, trails or facilities that are
  293  regionally significant or critical linkages for the Florida
  294  Shared-Use Nonmotorized Trail Network, scenic easements,
  295  landscaping, integration of advanced air mobility, and
  296  integration of autonomous and electric vehicles, electric
  297  bicycles, and motorized scooters used for freight, commuter, or
  298  micromobility purposes historic preservation, mitigation of
  299  water pollution due to highway runoff, and control of outdoor
  300  advertising.
  301         (e) In addition to the requirements of paragraphs (a)-(d),
  302  in metropolitan areas that are classified as nonattainment areas
  303  for ozone or carbon monoxide, the M.P.O. must coordinate the
  304  development of the long-range transportation plan with the State
  305  Implementation Plan developed pursuant to the requirements of
  306  the federal Clean Air Act.
  307  
  308  In the development of its long-range transportation plan, each
  309  M.P.O. must provide the public, affected public agencies,
  310  representatives of transportation agency employees, freight
  311  shippers, providers of freight transportation services, private
  312  providers of transportation, representatives of users of public
  313  transit, and other interested parties with a reasonable
  314  opportunity to comment on the long-range transportation plan.
  315  The long-range transportation plan must be approved by the
  316  M.P.O. and by the department as provided in subsection (10).
  317         (10) ACCOUNTABILITY.—
  318         (a) The department shall review each M.P.O.’s long-range
  319  transportation plan for productive flow and connectivity for
  320  people and freight within the M.P.O.’s metropolitan area. If the
  321  department finds an M.P.O.’s long-range transportation plan to
  322  be unsatisfactory or incongruent with the metropolitan area, the
  323  department must return the plan to the M.P.O. for revision.
  324         (b) The department shall create quality performance metrics
  325  and a scoring mechanism by which to evaluate each M.P.O.’s
  326  service to its communities, taking into consideration traffic
  327  congestion, the utilization rate of multimodal transportation
  328  facilities, resident satisfaction, efficiency of the
  329  transportation system for people and freight, and other factors
  330  the department deems necessary. The department shall establish a
  331  minimum acceptable quality performance score.
  332         (c) Beginning in 2025, and each year thereafter, each
  333  M.P.O. shall report its score for each quality performance
  334  metric by December 1 to the district secretary and shall publish
  335  the score and supporting data on its website. The department
  336  shall validate each M.P.O.’s score calculation and make
  337  adjustments thereto if necessary.
  338         (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
  339         (a) A Metropolitan Planning Organization Advisory Council
  340  is created to augment, and not supplant, the role of the
  341  individual M.P.O.’s in the cooperative transportation planning
  342  process described in this section.
  343         (b) The council shall consist of one representative from
  344  each M.P.O. and shall elect a chairperson annually from its
  345  number. Each M.P.O. shall also elect an alternate representative
  346  from each M.P.O. to vote in the absence of the representative.
  347  Members of the council do not receive any compensation for their
  348  services, but may be reimbursed from funds made available to
  349  council members for travel and per diem expenses incurred in the
  350  performance of their council duties as provided in s. 112.061.
  351         (c) The powers and duties of the Metropolitan Planning
  352  Organization Advisory Council are to:
  353         1. Establish bylaws by action of its governing board
  354  providing procedural rules to guide its proceedings and
  355  consideration of matters before the council, or, alternatively,
  356  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
  357  provisions of law conferring powers or duties upon it.
  358         2. Assist M.P.O.’s in carrying out the urbanized area
  359  transportation planning process by serving as the principal
  360  forum for collective policy discussion pursuant to law.
  361         3. Serve as a clearinghouse for review and comment by
  362  M.P.O.’s on the Florida Transportation Plan and on other issues
  363  required to comply with federal or state law in carrying out the
  364  urbanized area transportation and systematic planning processes
  365  instituted pursuant to s. 339.155. The council must also report
  366  annually to the Florida Transportation Commission on the
  367  alignment of M.P.O. long-range transportation plans with the
  368  Florida Transportation Plan.
  369         4. Employ an executive director and such other staff as
  370  necessary to perform adequately the functions of the council,
  371  within budgetary limitations. The executive director and staff
  372  are exempt from part II of chapter 110 and serve at the
  373  direction and control of the council. The council is assigned to
  374  the Office of the Secretary of the Department of Transportation
  375  for fiscal and accountability purposes, but it shall otherwise
  376  function independently of the control and direction of the
  377  department.
  378         5. Deliver training on federal and state program
  379  requirements and procedures to M.P.O. board members and M.P.O.
  380  staff.
  381         6. Adopt an agency strategic plan that prioritizes steps
  382  the agency will take to carry out its mission within the context
  383  of the state comprehensive plan and any other statutory mandates
  384  and directives.
  385         (d) The Metropolitan Planning Organization Advisory Council
  386  may enter into contracts in accordance with chapter 287 to
  387  support the activities described in paragraph (c). Lobbying and
  388  the acceptance of funds, grants, assistance, gifts, or bequests
  389  from private, local, state, or federal sources are prohibited.
  390         Section 5. Subsection (14) of section 331.3051, Florida
  391  Statutes, is amended to read:
  392         331.3051 Duties of Space Florida.—Space Florida shall:
  393         (14) Partner with the Metropolitan Planning Organization
  394  Advisory Council to coordinate and specify how aerospace
  395  planning and programming will be part of the state’s cooperative
  396  transportation planning process.
  397         Section 6. Paragraph (e) of subsection (2) of section
  398  331.310, Florida Statutes, is amended to read:
  399         331.310 Powers and duties of the board of directors.—
  400         (2) The board of directors shall:
  401         (e) Prepare an annual report of operations as a supplement
  402  to the annual report required under s. 331.3051(15) s.
  403  331.3051(16). The report must include, but not be limited to, a
  404  balance sheet, an income statement, a statement of changes in
  405  financial position, a reconciliation of changes in equity
  406  accounts, a summary of significant accounting principles, the
  407  auditor’s report, a summary of the status of existing and
  408  proposed bonding projects, comments from management about the
  409  year’s business, and prospects for the next year.
  410         Section 7. By October 31, 2024, the Department of
  411  Transportation shall submit to the Governor, the President of
  412  the Senate, and the Speaker of the House of Representatives a
  413  report that provides a comprehensive review of the boundaries of
  414  each of the department’s districts and makes recommendations as
  415  to whether any district’s boundaries should be redrawn as a
  416  result of population growth and increased urban density.
  417         Section 8. This act shall take effect July 1, 2024.
  418  
  419  ================= T I T L E  A M E N D M E N T ================
  420  And the title is amended as follows:
  421         Delete everything before the enacting clause
  422  and insert:
  423                        A bill to be entitled                      
  424         An act relating to transportation; amending s. 20.23,
  425         F.S.; deleting obsolete language; amending s. 334.065,
  426         F.S.; revising the membership of the Center for Urban
  427         Transportation Research advisory board; requiring
  428         review and approval of certain recommendations to the
  429         advisory board by the Florida Transportation
  430         Commission and confirmation of such nominations by the
  431         Board of Governors; amending s. 334.066, F.S.;
  432         revising the membership of the Implementing Solutions
  433         from Transportation Research and Evaluating Emerging
  434         Technologies (I-STREET) Living Lab advisory board;
  435         amending s. 339.175, F.S.; revising legislative
  436         intent; prohibiting the designation of additional
  437         metropolitan planning organizations (M.P.O.’s) after a
  438         specified date except in certain urbanized areas;
  439         deleting provisions relating to duties for a
  440         designated M.P.O; revising projects and strategies to
  441         be considered in developing an M.P.O.’s long-range
  442         transportation plan and transportation improvement
  443         program; revising the M.P.O.’s required to submit to
  444         the Governor and the Legislature, by a specified date,
  445         a feasibility report regarding consolidation;
  446         requiring the department to periodically convene
  447         M.P.O.’s of similar size to exchange best practices;
  448         authorizing such M.P.O.’s to develop committees or
  449         working groups; requiring training for new M.P.O.
  450         governing board members to be provided by the
  451         department or, at the discretion of the department,
  452         another specified entity; deleting a provision
  453         relating to M.P.O. coordination mechanisms; including
  454         public-private partnerships as an authorized
  455         innovative financing technique for needed projects and
  456         programs; revising proposed transportation enhancement
  457         activities that must be indicated by the long-range
  458         transportation plan; providing that MPO long-range
  459         transportation plans must be approved by the
  460         department, as well as the M.P.O.; requiring the
  461         department to review certain aspects of each M.P.O.’s
  462         long-range transportation plan and to return the plan
  463         to the M.P.O. for revision if deemed unsatisfactory;
  464         requiring the department to create quality performance
  465         metrics and a scoring mechanism to evaluate each
  466         M.P.O.’s service to its communities and to establish a
  467         minimum acceptable quality performance score;
  468         requiring each M.P.O. to report its quality
  469         performance score annually to the district secretary
  470         and to publish the score on its website, beginning on
  471         a specified date; requiring the department to validate
  472         each M.P.O.’s score calculation and make any necessary
  473         adjustments; deleting provisions relating to the
  474         Metropolitan Planning Organization Advisory Council;
  475         amending ss. 331.3051 and 331.310, F.S.; conforming
  476         cross-references and provisions to changes made by the
  477         act; requiring the department to submit a report to
  478         the Governor and Legislature by a specified date which
  479         provides a comprehensive review of the boundaries of
  480         department districts and makes certain
  481         recommendations; providing an effective date.