Florida Senate - 2024 SB 1032
By Senator Gruters
22-01098-24 20241032__
1 A bill to be entitled
2 An act relating to transportation; amending s. 20.23,
3 F.S.; deleting provisions related to appointment,
4 powers, and duties of the Florida Transportation
5 Commission; repealing s. 334.045, F.S., relating to
6 transportation performance and productivity standards;
7 amending s. 334.048, F.S.; conforming provisions to
8 changes made by the act; amending s. 334.065, F.S.;
9 revising the membership of the Center for Urban
10 Transportation Research advisory board; requiring
11 review, approval, and confirmation by the Board of
12 Governors of certain nominations to the advisory
13 board; amending s. 334.066, F.S.; revising the
14 membership of the Implementing Solutions from
15 Transportation Research and Evaluating Emerging
16 Technologies (I-STREET) Living Lab advisory board;
17 amending s. 339.135, F.S.; revising provisions
18 relating to the evaluation of the Department of
19 Transportation’s tentative work program; requiring the
20 department to conduct the statewide public hearing
21 thereon; conforming provisions to changes made by the
22 act; amending s. 339.175, F.S.; revising legislative
23 intent; prohibiting the designation of additional
24 metropolitan planning organizations (M.P.O.’s) after a
25 specified date, with an exception for certain
26 urbanized areas; revising projects and strategies to
27 be considered in developing an M.P.O.’s long-range
28 transportation plan and transportation improvement
29 program; requiring certain M.P.O.’s to submit to the
30 Governor and the Legislature, by a specified date, a
31 feasibility report regarding consolidation; conforming
32 provisions to changes made by the act; requiring the
33 department to convene M.P.O.’s of similar size to
34 exchange best practices; authorizing such M.P.O.’s to
35 develop committees or working groups; requiring
36 training for new M.P.O. governing board members to be
37 provided by the department or one of the other
38 specified entities; deleting provisions relating to
39 M.P.O. coordination mechanisms; deleting provisions
40 requiring the Metropolitan Planning Organization
41 Advisory Council to review certain long-range
42 transportation plans; including public-private
43 partnerships in authorized financing techniques;
44 revising proposed transportation enhancement
45 activities that must be indicated by the long-range
46 transportation plan; requiring the department to
47 review certain aspects of each M.P.O.’s long-range
48 transportation plan and to return such plan to the
49 M.P.O. for revision if deemed unsatisfactory;
50 requiring the department to create quality performance
51 metrics and a scoring mechanism to evaluate each
52 M.P.O.’s service to its communities and establish a
53 minimum acceptable quality performance score;
54 requiring each M.P.O. to report its quality
55 performance score annually to the district secretary
56 and to publish the score on its website, beginning on
57 a specified date; requiring the department to validate
58 each M.P.O.’s score calculation and make necessary
59 adjustments; requiring M.P.O.’s that do not achieve
60 the minimum acceptable quality performance score
61 within a certain timeframe to be placed under the
62 control of the Secretary of Transportation; requiring
63 the secretary to appoint the district secretary or
64 another person to assume the role of executive
65 director of such M.P.O.’s for a specified period of
66 time; requiring the district secretary or other person
67 to make certain recommendations; providing specified
68 funding to the M.P.O. with the highest quality
69 performance score, beginning in a specified year and
70 periodically thereafter, subject to the appropriation
71 of funds by the Legislature; providing requirements
72 for the expenditure of such funds; requiring such
73 M.P.O. to represent the state in any federal
74 conference or membership organization; deleting
75 provisions relating to the Metropolitan Planning
76 Organization Advisory Council; amending s. 348.0306,
77 F.S.; conforming provisions to changes made by the
78 act; amending ss. 110.205, 331.3051, 331.310, and
79 339.64, F.S.; conforming cross-references and
80 provisions to changes made by the act; requiring the
81 department to submit a report to the Governor and
82 Legislature by a specified date which provides a
83 comprehensive review of the boundaries of department
84 districts and makes certain recommendations; providing
85 an effective date.
86
87 Be It Enacted by the Legislature of the State of Florida:
88
89 Section 1. Subsections (1) and (2) and paragraph (a) of
90 subsection (3) of section 20.23, Florida Statutes, are amended
91 to read:
92 20.23 Department of Transportation.—There is created a
93 Department of Transportation which shall be a decentralized
94 agency.
95 (1)(a) The head of the Department of Transportation is the
96 Secretary of Transportation. The secretary shall be appointed by
97 the Governor from among three persons nominated by the Florida
98 Transportation Commission and shall be subject to confirmation
99 by the Senate. The secretary shall serve at the pleasure of the
100 Governor.
101 (b) The secretary shall be a proven, effective
102 administrator who by a combination of education and experience
103 shall clearly possess a broad knowledge of the administrative,
104 financial, and technical aspects of the development, operation,
105 and regulation of transportation systems and facilities or
106 comparable systems and facilities.
107 (c) The secretary shall provide to the Florida
108 Transportation Commission or its staff, such assistance,
109 information, and documents as are requested by the commission or
110 its staff to enable the commission to fulfill its duties and
111 responsibilities.
112 (d) The secretary may appoint up to three assistant
113 secretaries who shall be directly responsible to the secretary
114 and who shall perform such duties as are assigned by the
115 secretary. The secretary shall designate to an assistant
116 secretary the duties related to enhancing economic prosperity,
117 including, but not limited to, the responsibility of liaison
118 with the head of economic development in the Executive Office of
119 the Governor. Such assistant secretary shall be directly
120 responsible for providing the Executive Office of the Governor
121 with investment opportunities and transportation projects that
122 expand the state’s role as a global hub for trade and investment
123 and enhance the supply chain system in the state to process,
124 assemble, and ship goods to markets throughout the eastern
125 United States, Canada, the Caribbean, and Latin America. The
126 secretary may delegate to any assistant secretary the authority
127 to act in the absence of the secretary.
128 (d)(e) The Any secretary appointed after July 5, 1989, and
129 the assistant secretaries are shall be exempt from the
130 provisions of part III of chapter 110 and shall receive
131 compensation commensurate with their qualifications and
132 competitive with compensation for comparable responsibility in
133 the private sector.
134 (2)(a)1. The Florida Transportation Commission is hereby
135 created and shall consist of nine members appointed by the
136 Governor subject to confirmation by the Senate. Members of the
137 commission shall serve terms of 4 years each.
138 2. Members shall be appointed in such a manner as to
139 equitably represent all geographic areas of the state. Each
140 member must be a registered voter and a citizen of the state.
141 Each member of the commission must also possess business
142 managerial experience in the private sector.
143 3. A member of the commission shall represent the
144 transportation needs of the state as a whole and may not
145 subordinate the needs of the state to those of any particular
146 area of the state.
147 4. The commission is assigned to the Office of the
148 Secretary of the Department of Transportation for administrative
149 and fiscal accountability purposes, but it shall otherwise
150 function independently of the control and direction of the
151 department.
152 (b) The commission shall:
153 1. Recommend major transportation policies for the
154 Governor’s approval and assure that approved policies and any
155 revisions are properly executed.
156 2. Periodically review the status of the state
157 transportation system, including highway, transit, rail,
158 seaport, intermodal development, and aviation components of the
159 system, and recommend improvements to the Governor and the
160 Legislature.
161 3. Perform an in-depth evaluation of the annual department
162 budget request, the Florida Transportation Plan, and the
163 tentative work program for compliance with all applicable laws
164 and established departmental policies. Except as specifically
165 provided in s. 339.135(4)(c)2., (d), and (f), the commission may
166 not consider individual construction projects but shall consider
167 methods of accomplishing the goals of the department in the most
168 effective, efficient, and businesslike manner.
169 4. Monitor the financial status of the department on a
170 regular basis to assure that the department is managing revenue
171 and bond proceeds responsibly and in accordance with law and
172 established policy.
173 5. Monitor on at least a quarterly basis the efficiency,
174 productivity, and management of the department using performance
175 and production standards developed by the commission pursuant to
176 s. 334.045.
177 6. Perform an in-depth evaluation of the factors causing
178 disruption of project schedules in the adopted work program and
179 recommend to the Governor and the Legislature methods to
180 eliminate or reduce the disruptive effects of these factors.
181 7. Recommend to the Governor and the Legislature
182 improvements to the department’s organization in order to
183 streamline and optimize the efficiency of the department. In
184 reviewing the department’s organization, the commission shall
185 determine if the current district organizational structure is
186 responsive to this state’s changing economic and demographic
187 development patterns. The report by the commission must be
188 delivered to the Governor and the Legislature by December 15
189 each year, as appropriate. The commission may retain experts as
190 necessary to carry out this subparagraph, and the department
191 shall pay the expenses of the experts.
192 8. Monitor the efficiency, productivity, and management of
193 the agencies and authorities created under chapters 348 and 349;
194 the Mid-Bay Bridge Authority re-created pursuant to chapter
195 2000-411, Laws of Florida; and any authority formed under
196 chapter 343. The commission shall also conduct periodic reviews
197 of each agency’s and authority’s operations and budget,
198 acquisition of property, management of revenue and bond
199 proceeds, and compliance with applicable laws and generally
200 accepted accounting principles.
201 (c) The commission or a member thereof may not enter into
202 the day-to-day operation of the department or a monitored
203 authority and is specifically prohibited from taking part in:
204 1. The awarding of contracts.
205 2. The selection of a consultant or contractor or the
206 prequalification of any individual consultant or contractor.
207 However, the commission may recommend to the secretary standards
208 and policies governing the procedure for selection and
209 prequalification of consultants and contractors.
210 3. The selection of a route for a specific project.
211 4. The specific location of a transportation facility.
212 5. The acquisition of rights-of-way.
213 6. The employment, promotion, demotion, suspension,
214 transfer, or discharge of any department personnel.
215 7. The granting, denial, suspension, or revocation of any
216 license or permit issued by the department.
217 (d)1. The chair of the commission shall be selected by the
218 commission members and shall serve a 1-year term.
219 2. The commission shall hold a minimum of 4 regular
220 meetings annually, and other meetings may be called by the chair
221 upon giving at least 1 week’s notice to all members and the
222 public pursuant to chapter 120. Other meetings may also be held
223 upon the written request of at least four other members of the
224 commission, with at least 1 week’s notice of such meeting being
225 given to all members and the public by the chair pursuant to
226 chapter 120. Emergency meetings may be held without notice upon
227 the request of all members of the commission. At each meeting of
228 the commission, the secretary or his or her designee shall
229 submit a report of major actions taken by him or her as the
230 official representative of the department.
231 3. A majority of the membership of the commission
232 constitutes a quorum at any meeting of the commission. An action
233 of the commission is not binding unless the action is taken
234 pursuant to an affirmative vote of a majority of the members
235 present, but not fewer than four members of the commission at a
236 meeting held pursuant to subparagraph 2., and the vote is
237 recorded in the minutes of that meeting.
238 4. The chair shall cause to be made a complete record of
239 the proceedings of the commission, which record shall be open
240 for public inspection.
241 (e) The meetings of the commission shall be held in the
242 central office of the department in Tallahassee unless the chair
243 determines that special circumstances warrant meeting at another
244 location.
245 (f) Members of the commission are entitled to per diem and
246 travel expenses pursuant to s. 112.061.
247 (g) A member of the commission may not have any interest,
248 direct or indirect, in any contract, franchise, privilege, or
249 other benefit granted or awarded by the department during the
250 term of his or her appointment and for 2 years after the
251 termination of such appointment.
252 (h) The commission shall appoint an executive director and
253 assistant executive director, who shall serve under the
254 direction, supervision, and control of the commission. The
255 executive director, with the consent of the commission, shall
256 employ such staff as are necessary to perform adequately the
257 functions of the commission, within budgetary limitations. All
258 employees of the commission are exempt from part II of chapter
259 110 and shall serve at the pleasure of the commission. The
260 salaries and benefits of all employees of the commission shall
261 be set in accordance with the Selected Exempt Service; provided,
262 however, that the commission shall have complete authority for
263 fixing the salary of the executive director and assistant
264 executive director.
265 (i) The commission shall develop a budget pursuant to
266 chapter 216. The budget is not subject to change by the
267 department, but such budget shall be submitted to the Governor
268 along with the budget of the department.
269 (2)(3)(a) The central office shall establish departmental
270 policies, rules, procedures, and standards and shall monitor the
271 implementation of such policies, rules, procedures, and
272 standards in order to ensure uniform compliance and quality
273 performance by the districts and central office units that
274 implement transportation programs. Major transportation policy
275 initiatives or revisions shall be submitted to the commission
276 for review.
277 Section 2. Section 334.045, Florida Statutes, is repealed.
278 Section 3. Subsection (1) of section 334.048, Florida
279 Statutes, is amended to read:
280 334.048 Legislative intent with respect to department
281 management accountability and monitoring systems.—The department
282 shall implement the following accountability and monitoring
283 systems to evaluate whether the department’s goals are being
284 accomplished efficiently and cost-effectively, and ensure
285 compliance with all laws, rules, policies, and procedures
286 related to the department’s operations:
287 (1) The Transportation Commission shall monitor those
288 aspects of the department’s operations as assigned in s. 20.23.
289
290 Such systems are herein established to quickly identify and
291 resolve problems, to hold responsible parties accountable, and
292 to ensure that all costs to the taxpayer are recovered.
293 Section 4. Subsection (3) of section 334.065, Florida
294 Statutes, is amended to read:
295 334.065 Center for Urban Transportation Research.—
296 (3) An advisory board shall be created to periodically and
297 objectively review and advise the center concerning its research
298 program. Except for projects mandated by law, state-funded base
299 projects shall not be undertaken without approval of the
300 advisory board. The membership of the board shall consist of
301 nine experts in transportation-related areas, as follows:
302 (a) A member appointed by the President of the Senate.
303 (b) A member appointed by the Speaker of the House of
304 Representatives.
305 (c) The Secretary of Transportation or his or her designee.
306 (d) The Secretary of Commerce or his or her designee.
307 including the secretaries of the Department of Transportation,
308 the Department of Environmental Protection, and the Department
309 of Economic Opportunity, or their designees, and a member of the
310 Florida Transportation Commission. The nomination of the
311 remaining
312 (e) Five members commended of the board shall be made to
313 the President of the University of South Florida by the College
314 of Engineering at the University of South Florida., and The
315 appointment of these members must be reviewed, and approved, by
316 the Florida Transportation Commission and confirmed by the Board
317 of Governors.
318 Section 5. Paragraphs (d), (e), and (f) of subsection (3)
319 of section 334.066, Florida Statutes, are amended to read:
320 334.066 Implementing Solutions from Transportation Research
321 and Evaluating Emerging Technologies Living Lab.—
322 (3) An advisory board shall be created to periodically
323 review and advise I-STREET concerning its research program. The
324 board shall consist of nine members with expertise in
325 transportation-related areas, as follows:
326 (d) The Secretary of Commerce Economic Opportunity or his
327 or her designee.
328 (e) A member of the Florida Transportation Commission.
329 (f) Five Four members nominated by the University of
330 Florida’s College of Engineering and approved by the
331 university’s president. The College of Engineering’s nominees
332 may include representatives of the University of Florida, other
333 academic and research institutions, or private entities.
334 Section 6. Paragraph (a) of subsection (2) and paragraphs
335 (c), (d), (f), (g), and (h) of subsection (4) of section
336 339.135, Florida Statutes, are amended to read:
337 339.135 Work program; legislative budget request;
338 definitions; preparation, adoption, execution, and amendment.—
339 (2) SUBMISSION OF LEGISLATIVE BUDGET REQUEST AND REQUEST
340 FOR LIST OF ADDITIONAL TRANSPORTATION PROJECTS.—
341 (a) The department shall file the legislative budget
342 request in the manner required by chapter 216, setting forth the
343 department’s proposed revenues and expenditures for operational
344 and fixed capital outlay needs to accomplish the objectives of
345 the department in the ensuing fiscal year. The right-of-way,
346 construction, preliminary engineering, maintenance, and all
347 grants and aids programs of the department shall be set forth
348 only in program totals. The legislative budget request must
349 include a balanced 36-month forecast of cash and expenditures
350 and a 5-year finance plan. The legislative budget request shall
351 be amended to conform to the tentative work program. Before
352 Prior to the public hearing and evaluation submission of the
353 tentative work program pursuant to paragraph (4)(d) (4)(f), the
354 department may amend its legislative budget request and the
355 tentative work program for the most recent estimating conference
356 estimate of revenues and the most recent federal aid
357 apportionments.
358 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
359 (c)1. For purposes of this section, the board of county
360 commissioners shall serve as the metropolitan planning
361 organization in those counties which are not located in a
362 metropolitan planning organization and shall be involved in the
363 development of the district work program to the same extent as a
364 metropolitan planning organization.
365 2. The district work program shall be developed
366 cooperatively from the outset with the various metropolitan
367 planning organizations of the state and include, to the maximum
368 extent feasible, the project priorities of metropolitan planning
369 organizations which have been submitted to the district by
370 August 1 of each year pursuant to s. 339.175(8)(b); however, the
371 department and a metropolitan planning organization may, in
372 writing, cooperatively agree to vary this submittal date. To
373 assist the metropolitan planning organizations in developing
374 their lists of project priorities, the district shall disclose
375 to each metropolitan planning organization any anticipated
376 changes in the allocation or programming of state and federal
377 funds which may affect the inclusion of metropolitan planning
378 organization project priorities in the district work program.
379 3. Before submittal of the district work program to the
380 central office, the district shall provide the affected
381 metropolitan planning organization with written justification
382 for any project proposed to be rescheduled or deleted from the
383 district work program which project is part of the metropolitan
384 planning organization’s transportation improvement program and
385 is contained in the last 4 years of the previous adopted work
386 program. By no later than 14 days after submittal of the
387 district work program to the central office, the affected
388 metropolitan planning organization may file an objection to such
389 rescheduling or deletion. When an objection is filed with the
390 secretary, the rescheduling or deletion may not be included in
391 the district work program unless the inclusion of such
392 rescheduling or deletion is specifically approved by the
393 secretary. The Florida Transportation Commission shall include
394 such objections in its evaluation of the tentative work program
395 only when the secretary has approved the rescheduling or
396 deletion.
397 (d) Before Prior to the submission of the district work
398 program to the central office, each district office shall hold a
399 public hearing in at least one urbanized area in the district
400 and shall make a presentation at a meeting of each metropolitan
401 planning organization in the district to determine the necessity
402 of making any changes to projects included or to be included in
403 the district work program and to hear requests for new projects
404 to be added to, or existing projects to be deleted from, the
405 district work program. However, the district and metropolitan
406 planning organization shall minimize changes to, deletions from,
407 or adjustments to projects or project phases contained in the 4
408 common years of the previous adopted work program and the
409 district work program. The district shall provide the
410 metropolitan planning organization with a written explanation
411 for any project which is contained in the metropolitan planning
412 organization’s transportation improvement program and which is
413 not included in the district work program. The metropolitan
414 planning organization may request in writing to the appropriate
415 district secretary further consideration of any specific project
416 not included or not adequately addressed in the district work
417 program. The district secretary shall acknowledge and review all
418 such requests before prior to the submission of the district
419 work program to the central office and shall forward a copy of
420 such requests to the secretary and the Florida Transportation
421 Commission. The commission shall include such requests in its
422 evaluation of the tentative work program.
423 (f) The central office shall submit a preliminary copy of
424 the tentative work program to the Executive Office of the
425 Governor, the legislative appropriations committees, the Florida
426 Transportation Commission, and the Department of Economic
427 Opportunity at least 14 days prior to the convening of the
428 regular legislative session. Prior to the statewide public
429 hearing required by paragraph (g), the Department of Economic
430 Opportunity shall transmit to the Florida Transportation
431 Commission a list of those projects and project phases contained
432 in the tentative work program which are identified as being
433 inconsistent with approved local government comprehensive plans.
434 For urbanized areas of metropolitan planning organizations, the
435 list may not contain any project or project phase that is
436 scheduled in a transportation improvement program unless such
437 inconsistency has been previously reported to the affected
438 metropolitan planning organization.
439 (g)1. The department Florida Transportation Commission
440 shall conduct a statewide public hearing on the tentative work
441 program and shall advertise the time, place, and purpose of the
442 hearing in the Florida Administrative Register at least 7 days
443 before prior to the hearing. As part of the statewide public
444 hearing, the department commission shall, at a minimum, do both
445 of the following:
446 1.a. Conduct an in-depth evaluation of the tentative work
447 program for compliance with applicable laws and departmental
448 policies.; and
449 2.b. Hear all questions, suggestions, or other comments
450 offered by the public.
451 (g)2. By No later than 14 days before after the regular
452 legislative session begins, the department commission shall
453 submit the tentative work program to the Executive Office of the
454 Governor and the legislative appropriations committees, along
455 with a report that evaluates the tentative work program for all
456 of the following:
457 1.a. Financial soundness.;
458 2.b. Stability.;
459 3.c. Production capacity.;
460 4.d. Accomplishments, including compliance with program
461 objectives in s. 334.046.;
462 5.e. Compliance with approved local government
463 comprehensive plans.;
464 6.f. Objections and requests by metropolitan planning
465 organizations.;
466 7.g. Policy changes and effects thereof.;
467 8.h. Identification of statewide or regional projects.; and
468 9.i. Compliance with all other applicable laws.
469 (h) Following evaluation by the Florida Transportation
470 Commission, the department shall submit the tentative work
471 program to the Executive Office of the Governor and the
472 legislative appropriations committees no later than 14 days
473 after the regular legislative session begins.
474 Section 7. Present subsection (10) of section 339.175,
475 Florida Statutes, is redesignated as subsection (11), subsection
476 (1), paragraph (a) of subsection (2), paragraphs (b), (i), and
477 (j) of subsection (6), subsection (7), and present subsection
478 (11) are amended, and a new subsection (10) is added to that
479 section, to read:
480 339.175 Metropolitan planning organization.—
481 (1) INTENT PURPOSE.—It is the intent of the Legislature to
482 encourage and promote the safe and efficient management,
483 operation, and development of multimodal surface transportation
484 systems that will serve the mobility needs of people and freight
485 and foster economic growth and development within and through
486 urbanized areas of this state while balancing conservation of
487 natural resources minimizing transportation-related fuel
488 consumption, air pollution, and greenhouse gas emissions through
489 metropolitan transportation planning processes identified in
490 this section. To accomplish these objectives, metropolitan
491 planning organizations, referred to in this section as M.P.O.’s,
492 shall develop, in cooperation with the state and public transit
493 operators, transportation plans and programs for metropolitan
494 areas. The plans and programs for each metropolitan area must
495 provide for the development and integrated management and
496 operation of transportation systems and facilities, including
497 pedestrian walkways and bicycle transportation facilities that
498 will function as an intermodal transportation system for the
499 metropolitan area, based upon the prevailing principles provided
500 in s. 334.046(1). The process for developing such plans and
501 programs shall provide for consideration of all modes of
502 transportation and shall be continuing, cooperative, and
503 comprehensive, to the degree appropriate, based on the
504 complexity of the transportation problems to be addressed. To
505 ensure that the process is integrated with the statewide
506 planning process, M.P.O.’s shall develop plans and programs that
507 identify transportation facilities that should function as an
508 integrated metropolitan transportation system, giving emphasis
509 to facilities that serve important national, state, and regional
510 transportation functions. For the purposes of this section,
511 those facilities include the facilities on the Strategic
512 Intermodal System designated under s. 339.63 and facilities for
513 which projects have been identified pursuant to s. 339.2819(4).
514 (2) DESIGNATION.—
515 (a)1. An M.P.O. shall be designated for each urbanized area
516 of the state; however, this does not require that an individual
517 M.P.O. be designated for each such area. Such designation shall
518 be accomplished by agreement between the Governor and units of
519 general-purpose local government representing at least 75
520 percent of the population of the urbanized area; however, the
521 unit of general-purpose local government that represents the
522 central city or cities within the M.P.O. jurisdiction, as
523 defined by the United States Bureau of the Census, must be a
524 party to such agreement.
525 2. To the extent possible, only one M.P.O. shall be
526 designated for each urbanized area or group of contiguous
527 urbanized areas. More than one M.P.O. may be designated within
528 an existing urbanized area only if the Governor and the existing
529 M.P.O. determine that the size and complexity of the existing
530 urbanized area makes the designation of more than one M.P.O. for
531 the area appropriate. After July 1, 2024, no additional M.P.O.’s
532 shall be designated in this state except in urbanized areas, as
533 defined by the United States Bureau of the Census, where the
534 urbanized area boundary is not contiguous to an urbanized area
535 designated before the 2020 census, in which case each M.P.O.
536 designated for the area must:
537 a. Consult with every other M.P.O. designated for the
538 urbanized area and the state to coordinate plans and
539 transportation improvement programs.
540 b. Ensure, to the maximum extent practicable, the
541 consistency of data used in the planning process, including data
542 used in forecasting travel demand within the urbanized area.
543
544 Each M.P.O. required under this section must be fully operative
545 no later than 6 months following its designation.
546 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
547 privileges, and authority of an M.P.O. are those specified in
548 this section or incorporated in an interlocal agreement
549 authorized under s. 163.01. Each M.P.O. shall perform all acts
550 required by federal or state laws or rules, now and subsequently
551 applicable, which are necessary to qualify for federal aid. It
552 is the intent of this section that each M.P.O. be involved in
553 the planning and programming of transportation facilities,
554 including, but not limited to, airports, intercity and high
555 speed rail lines, seaports, and intermodal facilities, to the
556 extent permitted by state or federal law. An M.P.O. may not
557 perform project production or delivery for capital improvement
558 projects on the State Highway System.
559 (b) In developing the long-range transportation plan and
560 the transportation improvement program required under paragraph
561 (a), each M.P.O. shall provide for consideration of projects and
562 strategies that will:
563 1. Support the economic vitality of the contiguous
564 urbanized metropolitan area, especially by enabling global
565 competitiveness, productivity, and efficiency.
566 2. Increase the safety and security of the transportation
567 system for motorized and nonmotorized users.
568 3. Increase the accessibility and mobility options
569 available to people and for freight.
570 4. Protect and enhance the environment, conserve natural
571 resources promote energy conservation, and improve quality of
572 life.
573 5. Enhance the integration and connectivity of the
574 transportation system, across and between modes and contiguous
575 urbanized metropolitan areas, for people and freight.
576 6. Promote efficient system management and operation.
577 7. Emphasize the preservation of the existing
578 transportation system.
579 8. Improve the resilience of transportation infrastructure.
580 9. Reduce traffic and congestion.
581 (i) By February 28, 2025 December 31, 2023, the M.P.O.’s
582 serving Lee and Collier Hillsborough, Pasco, and Pinellas
583 Counties must submit a feasibility report to the Governor, the
584 President of the Senate, and the Speaker of the House of
585 Representatives exploring the benefits, costs, and process of
586 consolidation into a single M.P.O. serving the contiguous
587 urbanized area, the goal of which would be to:
588 1. Coordinate transportation projects deemed to be
589 regionally significant.
590 2. Review the impact of regionally significant land use
591 decisions on the region.
592 3. Review all proposed regionally significant
593 transportation projects in the transportation improvement
594 programs.
595 (j)1. To more fully accomplish the purposes for which
596 M.P.O.’s have been mandated, the department shall, at least
597 annually, convene M.P.O.’s of similar size, based on the size of
598 population served, for the purpose of exchanging best practices.
599 M.P.O.’s may shall develop committees or working groups as
600 needed to accomplish such purpose. At the discretion of the
601 department, training for new M.P.O. governing board members
602 shall be provided by the department, by an entity pursuant to a
603 contract with the department, by the Florida Center for Urban
604 Transportation Research, or by the Implementing Solutions from
605 Transportation Research and Evaluating Emerging Technologies (I
606 STREET) Living Lab coordination mechanisms with one another to
607 expand and improve transportation within the state. The
608 appropriate method of coordination between M.P.O.’s shall vary
609 depending upon the project involved and given local and regional
610 needs. Consequently, it is appropriate to set forth a flexible
611 methodology that can be used by M.P.O.’s to coordinate with
612 other M.P.O.’s and appropriate political subdivisions as
613 circumstances demand.
614 2. Any M.P.O. may join with any other M.P.O. or any
615 individual political subdivision to coordinate activities or to
616 achieve any federal or state transportation planning or
617 development goals or purposes consistent with federal or state
618 law. When an M.P.O. determines that it is appropriate to join
619 with another M.P.O. or any political subdivision to coordinate
620 activities, the M.P.O. or political subdivision shall enter into
621 an interlocal agreement pursuant to s. 163.01, which, at a
622 minimum, creates a separate legal or administrative entity to
623 coordinate the transportation planning or development activities
624 required to achieve the goal or purpose; provides the purpose
625 for which the entity is created; provides the duration of the
626 agreement and the entity and specifies how the agreement may be
627 terminated, modified, or rescinded; describes the precise
628 organization of the entity, including who has voting rights on
629 the governing board, whether alternative voting members are
630 provided for, how voting members are appointed, and what the
631 relative voting strength is for each constituent M.P.O. or
632 political subdivision; provides the manner in which the parties
633 to the agreement will provide for the financial support of the
634 entity and payment of costs and expenses of the entity; provides
635 the manner in which funds may be paid to and disbursed from the
636 entity; and provides how members of the entity will resolve
637 disagreements regarding interpretation of the interlocal
638 agreement or disputes relating to the operation of the entity.
639 Such interlocal agreement shall become effective upon its
640 recordation in the official public records of each county in
641 which a member of the entity created by the interlocal agreement
642 has a voting member. Multiple M.P.O.’s may merge, combine, or
643 otherwise join together as a single M.P.O.
644 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
645 develop a long-range transportation plan that addresses at least
646 a 20-year planning horizon. The plan must include both long
647 range and short-range strategies and must comply with all other
648 state and federal requirements. The prevailing principles to be
649 considered in the long-range transportation plan are: preserving
650 the existing transportation infrastructure; enhancing Florida’s
651 economic competitiveness; and improving travel choices to ensure
652 mobility. The long-range transportation plan must be consistent,
653 to the maximum extent feasible, with future land use elements
654 and the goals, objectives, and policies of the approved local
655 government comprehensive plans of the units of local government
656 located within the jurisdiction of the M.P.O. Each M.P.O. is
657 encouraged to consider strategies that integrate transportation
658 and land use planning to provide for sustainable development and
659 reduce greenhouse gas emissions. The approved long-range
660 transportation plan must be considered by local governments in
661 the development of the transportation elements in local
662 government comprehensive plans and any amendments thereto. The
663 long-range transportation plan must, at a minimum:
664 (a) Identify transportation facilities, including, but not
665 limited to, major roadways, airports, seaports, spaceports,
666 commuter rail systems, transit systems, and intermodal or
667 multimodal terminals that will function as an integrated
668 metropolitan transportation system. The long-range
669 transportation plan must give emphasis to those transportation
670 facilities that serve national, statewide, or regional
671 functions, and must consider the goals and objectives identified
672 in the Florida Transportation Plan as provided in s. 339.155. If
673 a project is located within the boundaries of more than one
674 M.P.O., the M.P.O.’s must coordinate plans regarding the project
675 in the long-range transportation plan. Multiple M.P.O.’s within
676 a contiguous urbanized area must coordinate the development of
677 long-range transportation plans to be reviewed by the
678 Metropolitan Planning Organization Advisory Council.
679 (b) Include a financial plan that demonstrates how the plan
680 can be implemented, indicating resources from public and private
681 sources which are reasonably expected to be available to carry
682 out the plan, and recommends any additional financing strategies
683 for needed projects and programs. The financial plan may
684 include, for illustrative purposes, additional projects that
685 would be included in the adopted long-range transportation plan
686 if reasonable additional resources beyond those identified in
687 the financial plan were available. For the purpose of developing
688 the long-range transportation plan, the M.P.O. and the
689 department shall cooperatively develop estimates of funds that
690 will be available to support the plan implementation. Innovative
691 financing techniques may be used to fund needed projects and
692 programs. Such techniques may include the assessment of tolls,
693 public-private partnerships, the use of value capture financing,
694 or the use of value pricing. Multiple M.P.O.’s within a
695 contiguous urbanized area must ensure, to the maximum extent
696 possible, the consistency of data used in the planning process.
697 (c) Assess capital investment and other measures necessary
698 to:
699 1. Ensure the preservation of the existing metropolitan
700 transportation system including requirements for the operation,
701 resurfacing, restoration, and rehabilitation of major roadways
702 and requirements for the operation, maintenance, modernization,
703 and rehabilitation of public transportation facilities; and
704 2. Make the most efficient use of existing transportation
705 facilities to relieve vehicular congestion, improve safety, and
706 maximize the mobility of people and goods. Such efforts must
707 include, but are not limited to, consideration of infrastructure
708 and technological improvements necessary to accommodate advances
709 in vehicle technology, such as automated driving systems and
710 other developments.
711 (d) Indicate, as appropriate, proposed transportation
712 enhancement activities, including, but not limited to,
713 pedestrian and bicycle facilities, trails or facilities that are
714 regionally significant or critical linkages for the Florida
715 Shared-Use Nonmotorized Trail Network, scenic easements,
716 landscaping, integration of advanced air mobility, and
717 integration of autonomous and electric vehicles, electric
718 bicycles, and motorized scooters used for freight, commuter, or
719 micromobility purposes historic preservation, mitigation of
720 water pollution due to highway runoff, and control of outdoor
721 advertising.
722 (e) In addition to the requirements of paragraphs (a)-(d),
723 in metropolitan areas that are classified as nonattainment areas
724 for ozone or carbon monoxide, the M.P.O. must coordinate the
725 development of the long-range transportation plan with the State
726 Implementation Plan developed pursuant to the requirements of
727 the federal Clean Air Act.
728
729 In the development of its long-range transportation plan, each
730 M.P.O. must provide the public, affected public agencies,
731 representatives of transportation agency employees, freight
732 shippers, providers of freight transportation services, private
733 providers of transportation, representatives of users of public
734 transit, and other interested parties with a reasonable
735 opportunity to comment on the long-range transportation plan.
736 The long-range transportation plan must be approved by the
737 M.P.O. and by the department as provided in subsection (10).
738 (10) ACCOUNTABILITY.—
739 (a) The department shall review each M.P.O.’s long-range
740 transportation plan for productive flow and connectivity for
741 people and freight within the M.P.O.’s metropolitan area. If the
742 department finds an M.P.O.’s long-range transportation plan to
743 be unsatisfactory or incongruent with the metropolitan area, the
744 department shall return the plan to the M.P.O. for revision.
745 (b) The department shall create quality performance metrics
746 and a scoring mechanism by which to evaluate each M.P.O.’s
747 service to its communities, taking into consideration traffic
748 congestion, the utilization rate of multimodal transportation
749 facilities, resident satisfaction, efficiency of the
750 transportation system for people and freight, and other factors
751 the department deems necessary. The department shall establish a
752 minimum acceptable quality performance score.
753 (c) Beginning in 2025, and each year thereafter, each
754 M.P.O. shall report its score for each quality performance
755 metric by December 1 to the district secretary and shall publish
756 the score and supporting data on its website. The department
757 must validate each M.P.O.’s score calculation and make
758 adjustments thereto if necessary.
759 (d) Beginning in December 2026, and every 3 years
760 thereafter, an M.P.O. that does not achieve the minimum
761 acceptable quality performance score shall be placed under the
762 control of the Secretary of Transportation. The Secretary of
763 Transportation shall appoint the district secretary or another
764 person to assume the role of executive director of the M.P.O.
765 and chair of its governing board for a period not to exceed 1
766 year, during which time the district secretary or other person
767 shall make recommendations to the governing board regarding:
768 1. Any leadership, process, and management changes needed
769 to improve the M.P.O.’s quality performance score.
770 2. Whether the metropolitan area of the M.P.O. would be
771 better served by consolidation of the M.P.O. with an M.P.O. in a
772 contiguous urbanized metropolitan area.
773 (e) Subject to appropriation by the Legislature, beginning
774 in 2026 and every 3 years thereafter, the single M.P.O. with the
775 highest quality performance score will receive $5 million from
776 the State Transportation Trust Fund. Such funds shall be
777 expended at the M.P.O.’s discretion for a project approved in
778 its work program list. Such M.P.O. shall also represent the
779 state in any federal M.P.O. conference or membership
780 organization.
781 (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
782 (a) A Metropolitan Planning Organization Advisory Council
783 is created to augment, and not supplant, the role of the
784 individual M.P.O.’s in the cooperative transportation planning
785 process described in this section.
786 (b) The council shall consist of one representative from
787 each M.P.O. and shall elect a chairperson annually from its
788 number. Each M.P.O. shall also elect an alternate representative
789 from each M.P.O. to vote in the absence of the representative.
790 Members of the council do not receive any compensation for their
791 services, but may be reimbursed from funds made available to
792 council members for travel and per diem expenses incurred in the
793 performance of their council duties as provided in s. 112.061.
794 (c) The powers and duties of the Metropolitan Planning
795 Organization Advisory Council are to:
796 1. Establish bylaws by action of its governing board
797 providing procedural rules to guide its proceedings and
798 consideration of matters before the council, or, alternatively,
799 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
800 provisions of law conferring powers or duties upon it.
801 2. Assist M.P.O.’s in carrying out the urbanized area
802 transportation planning process by serving as the principal
803 forum for collective policy discussion pursuant to law.
804 3. Serve as a clearinghouse for review and comment by
805 M.P.O.’s on the Florida Transportation Plan and on other issues
806 required to comply with federal or state law in carrying out the
807 urbanized area transportation and systematic planning processes
808 instituted pursuant to s. 339.155. The council must also report
809 annually to the Florida Transportation Commission on the
810 alignment of M.P.O. long-range transportation plans with the
811 Florida Transportation Plan.
812 4. Employ an executive director and such other staff as
813 necessary to perform adequately the functions of the council,
814 within budgetary limitations. The executive director and staff
815 are exempt from part II of chapter 110 and serve at the
816 direction and control of the council. The council is assigned to
817 the Office of the Secretary of the Department of Transportation
818 for fiscal and accountability purposes, but it shall otherwise
819 function independently of the control and direction of the
820 department.
821 5. Deliver training on federal and state program
822 requirements and procedures to M.P.O. board members and M.P.O.
823 staff.
824 6. Adopt an agency strategic plan that prioritizes steps
825 the agency will take to carry out its mission within the context
826 of the state comprehensive plan and any other statutory mandates
827 and directives.
828 (d) The Metropolitan Planning Organization Advisory Council
829 may enter into contracts in accordance with chapter 287 to
830 support the activities described in paragraph (c). Lobbying and
831 the acceptance of funds, grants, assistance, gifts, or bequests
832 from private, local, state, or federal sources are prohibited.
833 Section 8. Paragraph (e) of subsection (2) of section
834 348.0306, Florida Statutes, is amended to read:
835 348.0306 Purposes and powers.—
836 (2) The agency may exercise all powers necessary,
837 appurtenant, convenient, or incidental to the carrying out of
838 its purposes, including, but not limited to, the following
839 rights and powers:
840 (e) To fix, alter, charge, establish, and collect tolls,
841 rates, fees, rentals, and other charges for the services and
842 facilities system, which tolls, rates, fees, rentals, and other
843 charges must always be sufficient to comply with any covenants
844 made with the holders of any bonds secured by the net revenues
845 of the expressway system, including any additions, extensions,
846 or improvements thereof. However, such right and power may be
847 assigned or delegated by the agency to the department.
848 1. Notwithstanding any other provision of law to the
849 contrary, the agency may not increase its toll rates until July
850 1, 2029, including any increase to the extent necessary to
851 adjust for inflation pursuant to the procedure for toll rate
852 adjustments provided in s. 338.165, except:
853 a. As may be necessary to comply with covenants in the
854 trust indentures or resolutions adopted in connection with the
855 agency’s bonds secured by the net revenues of the expressway
856 system; or
857 b. On or after July 1, 2024, as approved by a supermajority
858 vote of the governing body of the agency.
859 2. A toll rate increase must be approved by a two-thirds
860 vote of the members of the governing body of the agency.
861 3. The amount of toll revenues used for administrative
862 costs by the agency may not be greater than 10 percent above the
863 annual state average of administrative costs determined as
864 provided in this subparagraph. The department Florida
865 Transportation Commission shall determine the annual state
866 average of administrative costs based on the annual
867 administrative costs of all the expressway authorities in this
868 state. For purposes of this subparagraph, administrative costs
869 include, but are not limited to, employee salaries and benefits,
870 small business outreach, insurance, professional service
871 contracts not directly related to the operation and maintenance
872 of the expressway system, and other overhead costs.
873 4. There must be a distance of at least 5 miles between
874 main through-lane tolling points. The distance requirement of
875 this subparagraph does not apply to entry and exit ramps.
876 However, the agency may establish toll rates such that the toll
877 rate per mile is equal to the rates in effect on July 1, 2019.
878 Section 9. Paragraphs (j) and (m) of subsection (2) of
879 section 110.205, Florida Statutes, are amended to read:
880 110.205 Career service; exemptions.—
881 (2) EXEMPT POSITIONS.—The exempt positions that are not
882 covered by this part include the following:
883 (j) The appointed secretaries and the State Surgeon
884 General, assistant secretaries, deputy secretaries, and deputy
885 assistant secretaries of all departments; the executive
886 directors, assistant executive directors, deputy executive
887 directors, and deputy assistant executive directors of all
888 departments; the directors of all divisions and those positions
889 determined by the department to have managerial responsibilities
890 comparable to such positions, which positions include, but are
891 not limited to, program directors, assistant program directors,
892 district administrators, deputy district administrators, the
893 Director of Central Operations Services of the Department of
894 Children and Families, the State Transportation Development
895 Administrator, the State Public Transportation and Modal
896 Administrator, district secretaries, district directors of
897 transportation development, transportation operations,
898 transportation support, and the managers of the offices of the
899 Department of Transportation specified in s. 20.23(2)(b) s.
900 20.23(3)(b). Unless otherwise fixed by law, the department shall
901 set the salary and benefits of these positions and the positions
902 of county health department directors and county health
903 department administrators of the Department of Health in
904 accordance with the rules of the Senior Management Service.
905 (m) All assistant division director, deputy division
906 director, and bureau chief positions in any department, and
907 those positions determined by the department to have managerial
908 responsibilities comparable to such positions, which include,
909 but are not limited to:
910 1. Positions in the Department of Health and the Department
911 of Children and Families which are assigned primary duties of
912 serving as the superintendent or assistant superintendent of an
913 institution.
914 2. Positions in the Department of Corrections which are
915 assigned primary duties of serving as the warden, assistant
916 warden, colonel, or major of an institution or that are assigned
917 primary duties of serving as the circuit administrator or deputy
918 circuit administrator.
919 3. Positions in the Department of Transportation which are
920 assigned primary duties of serving as regional toll managers and
921 managers of offices, as specified in s. 20.23(2)(b) and (3)(c)
922 s. 20.23(3)(b) and (4)(c).
923 4. Positions in the Department of Environmental Protection
924 which are assigned the duty of an Environmental Administrator or
925 program administrator.
926 5. Positions in the Department of Health which are assigned
927 the duties of Environmental Administrator, Assistant County
928 Health Department Director, and County Health Department
929 Financial Administrator.
930 6. Positions in the Department of Highway Safety and Motor
931 Vehicles which are assigned primary duties of serving as
932 captains in the Florida Highway Patrol.
933
934 Unless otherwise fixed by law, the department shall set the
935 salary and benefits of the positions listed in this paragraph in
936 accordance with the rules established for the Selected Exempt
937 Service.
938 Section 10. Subsection (14) of section 331.3051, Florida
939 Statutes, is amended to read:
940 331.3051 Duties of Space Florida.—Space Florida shall:
941 (14) Partner with the Metropolitan Planning Organization
942 Advisory Council to coordinate and specify how aerospace
943 planning and programming will be part of the state’s cooperative
944 transportation planning process.
945 Section 11. Paragraph (e) of subsection (2) of section
946 331.310, Florida Statutes, is amended to read:
947 331.310 Powers and duties of the board of directors.—
948 (2) The board of directors shall:
949 (e) Prepare an annual report of operations as a supplement
950 to the annual report required under s. 331.3051(15) s.
951 331.3051(16). The report must include, but not be limited to, a
952 balance sheet, an income statement, a statement of changes in
953 financial position, a reconciliation of changes in equity
954 accounts, a summary of significant accounting principles, the
955 auditor’s report, a summary of the status of existing and
956 proposed bonding projects, comments from management about the
957 year’s business, and prospects for the next year.
958 Section 12. Subsection (2) of section 339.64, Florida
959 Statutes, is amended to read:
960 339.64 Strategic Intermodal System Plan.—
961 (2) In association with the continued development of the
962 Strategic Intermodal System Plan, the Florida Transportation
963 Commission, as part of its work program review process, shall
964 conduct an annual assessment of the progress that the department
965 and its transportation partners have made in realizing the goals
966 of economic development, improved mobility, and increased
967 intermodal connectivity of the Strategic Intermodal System. The
968 Florida Transportation Commission shall coordinate with the
969 department and other appropriate entities when developing this
970 assessment. The Florida Transportation Commission shall deliver
971 a report to the Governor and Legislature no later than 14 days
972 after the regular session begins, with recommendations as
973 necessary to fully implement the Strategic Intermodal System.
974 Section 13. By October 31, 2024, the Department of
975 Transportation shall submit to the Governor, the President of
976 the Senate, and the Speaker of the House of Representatives a
977 report that provides a comprehensive review of the boundaries of
978 each of the department’s districts and makes recommendations as
979 to whether any district’s boundaries should be redrawn as a
980 result of population growth and increased urban density.
981 Section 14. This act shall take effect July 1, 2024.