Florida Senate - 2024                      CS for CS for SB 1032
       
       
        
       By the Appropriations Committee on Transportation, Tourism, and
       Economic Development; the Committee on Transportation; and
       Senator Gruters
       
       
       
       606-03527-24                                          20241032c2
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 20.23,
    3         F.S.; deleting obsolete language; amending s.
    4         316.1575, F.S.; revising provisions requiring a person
    5         approaching a railroad-highway grade crossing to stop
    6         within a certain distance from the nearest rail;
    7         revising penalties; amending s. 316.1576, F.S.;
    8         revising circumstances under which a person is
    9         prohibited from driving a vehicle through a railroad
   10         highway grade crossing; revising penalties; amending
   11         s. 318.18, F.S.; revising penalties for certain
   12         violations; providing a penalty for a certain
   13         violation; amending s. 334.065, F.S.; revising the
   14         membership of the Center for Urban Transportation
   15         Research advisory board; deleting a requirement that
   16         the appointments of certain board members be reviewed
   17         and approved by the Florida Transportation Commission
   18         and confirmed by the Board of Governors of the State
   19         University System; amending s. 334.066, F.S.; revising
   20         the membership of the Implementing Solutions from
   21         Transportation Research and Evaluating Emerging
   22         Technologies (I-STREET) Living Lab advisory board;
   23         amending s. 339.175, F.S.; revising legislative
   24         intent; prohibiting the designation of additional
   25         metropolitan planning organizations (M.P.O.’s) after a
   26         specified date except in certain urbanized areas;
   27         deleting provisions relating to duties for a
   28         designated M.P.O.; revising projects and strategies to
   29         be considered in developing an M.P.O.’s long-range
   30         transportation plan and transportation improvement
   31         program; revising the M.P.O.’s required to submit to
   32         the Governor and the Legislature, by a specified date,
   33         a feasibility report regarding consolidation;
   34         requiring the department to periodically convene
   35         M.P.O.’s of similar size to exchange best practices;
   36         authorizing such M.P.O.’s to develop committees or
   37         working groups; requiring training for new M.P.O.
   38         governing board members to be provided by the
   39         department or, at the discretion of the department,
   40         another specified entity; deleting a provision
   41         relating to M.P.O. coordination mechanisms; including
   42         public-private partnerships as an authorized
   43         innovative financing technique for needed projects and
   44         programs; revising proposed transportation enhancement
   45         activities that must be indicated by the long-range
   46         transportation plan; providing that M.P.O. long-range
   47         transportation plans must be approved by the
   48         department, as well as the M.P.O.; requiring the
   49         department to review certain aspects of each M.P.O.’s
   50         long-range transportation plan and to return the plan
   51         to the M.P.O. for revision if deemed unsatisfactory;
   52         requiring the department to create quality performance
   53         metrics and a scoring mechanism to evaluate each
   54         M.P.O.’s service to its communities and to establish a
   55         minimum acceptable quality performance score;
   56         requiring each M.P.O. to report its quality
   57         performance score annually to the district secretary
   58         and to publish the score on its website, beginning on
   59         a specified date; requiring the department to validate
   60         each M.P.O.’s score calculation and make any necessary
   61         adjustments; deleting provisions relating to the
   62         Metropolitan Planning Organization Advisory Council;
   63         amending s. 627.748, F.S.; revising the preemption of
   64         airports or seaports relating to fees charged for
   65         taxicab pickups at such airports and seaports;
   66         amending ss. 28.37, 142.01, 316.1951, 316.306,
   67         316.622, 318.121, 318.21, 322.27, 331.3051, 331.310,
   68         and 395.4036, F.S.; conforming cross-references and
   69         provisions to changes made by the act; requiring the
   70         department to submit a report to the Governor and
   71         Legislature by a specified date which provides a
   72         comprehensive review of the boundaries of department
   73         districts and makes certain recommendations; providing
   74         an effective date.
   75          
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Paragraph (e) of subsection (1) of section
   79  20.23, Florida Statutes, is amended to read:
   80         20.23 Department of Transportation.—There is created a
   81  Department of Transportation which shall be a decentralized
   82  agency.
   83         (1)
   84         (e) The Any secretary appointed after July 5, 1989, and the
   85  assistant secretaries are shall be exempt from the provisions of
   86  part III of chapter 110 and shall receive compensation
   87  commensurate with their qualifications and competitive with
   88  compensation for comparable responsibility in the private
   89  sector.
   90         Section 2. Section 316.1575, Florida Statutes, is amended
   91  to read:
   92         316.1575 Obedience to traffic control devices at railroad
   93  highway grade crossings.—
   94         (1) A Any person walking, cycling, or driving a vehicle and
   95  approaching a railroad-highway grade crossing under any of the
   96  circumstances stated in this section must shall stop within 50
   97  feet but not less than 15 feet from the nearest rail of such
   98  railroad and may shall not proceed until the railroad tracks are
   99  clear and he or she can proceed do so safely. This subsection
  100  applies The foregoing requirements apply when:
  101         (a) A clearly visible electric or mechanical signal device
  102  gives warning of the immediate approach of a railroad train or
  103  railroad track equipment;
  104         (b) A crossing gate is lowered or a law enforcement officer
  105  or a human flagger gives or continues to give a signal of the
  106  approach or passage of a railroad train or railroad track
  107  equipment;
  108         (c) An approaching railroad train or railroad track
  109  equipment emits an audible signal or the railroad train or
  110  railroad track equipment, by reason of its speed or nearness to
  111  the crossing, is an immediate hazard; or
  112         (d) An approaching railroad train or railroad track
  113  equipment is plainly visible and is in hazardous proximity to
  114  the railroad-highway grade crossing, regardless of the type of
  115  traffic control devices installed at the crossing.
  116         (2) A No person may not shall drive a any vehicle through,
  117  around, or under any crossing gate or barrier at a railroad
  118  highway grade crossing while the gate or barrier is closed or is
  119  being opened or closed.
  120         (3) A person who violates violation of this section commits
  121  is a noncriminal traffic infraction, punishable pursuant to
  122  chapter 318 as:
  123         (a)either A pedestrian violation; or,
  124         (b) If the infraction resulted from the operation of a
  125  vehicle, as a moving violation.
  126         1.For a first violation, the person shall pay a fine of
  127  $500 and have 6 points assessed against his or her driver
  128  license pursuant to s. 322.27(3)(d)7.
  129         2.For a second or subsequent violation, the person shall
  130  pay a fine of $1,000 and have 6 points assessed against his or
  131  her driver license pursuant to s. 322.27(3)(d)7.
  132         Section 3. Section 316.1576, Florida Statutes, is amended
  133  to read:
  134         316.1576 Insufficient clearance at a railroad-highway grade
  135  crossing.—
  136         (1) A person may not drive a any vehicle through a
  137  railroad-highway grade crossing that does not have sufficient
  138  space to drive completely through the crossing without stopping
  139  or without obstructing the passage of other vehicles,
  140  pedestrians, railroad trains, or other railroad equipment,
  141  notwithstanding any traffic control signal indication to
  142  proceed.
  143         (2) A person may not drive a any vehicle through a
  144  railroad-highway grade crossing that does not have sufficient
  145  undercarriage clearance to drive completely through the crossing
  146  without stopping or without obstructing the passage of a
  147  railroad train or other railroad equipment.
  148         (3) A person who violates violation of this section commits
  149  is a noncriminal traffic infraction, punishable as a moving
  150  violation as provided in chapter 318.
  151         (a)For a first violation, the person shall pay a fine of
  152  $500 and have 6 points assessed against his or her driver
  153  license pursuant to s. 322.27(3)(d)7.
  154         (b)For a second or subsequent violation, the person shall
  155  pay a fine of $1,000 and have 6 points assessed against his or
  156  her driver license pursuant to s. 322.27(3)(d)7., and,
  157  notwithstanding s. 322.27(3)(a), (b), and (c), shall have his or
  158  her driving privilege suspended for not more than 6 months.
  159         Section 4. Present subsections (10) through (23) of section
  160  318.18, Florida Statutes, are redesignated as subsections (11)
  161  through (24), respectively, a new subsection (10) is added to
  162  that section, and subsection (9) of that section is amended, to
  163  read:
  164         318.18 Amount of penalties.—The penalties required for a
  165  noncriminal disposition pursuant to s. 318.14 or a criminal
  166  offense listed in s. 318.17 are as follows:
  167         (9) Five One hundred dollars for a first violation and
  168  $1,000 for a second or subsequent violation of s. 316.1575.
  169         (10)Five hundred dollars for a first violation and $1,000
  170  for a second or subsequent violation of s. 316.1576. In addition
  171  to this penalty, for a second or subsequent violation, the
  172  department shall suspend the driver license of the person for
  173  not more than 6 months.
  174         Section 5. Subsection (3) of section 334.065, Florida
  175  Statutes, is amended to read:
  176         334.065 Center for Urban Transportation Research.—
  177         (3) An advisory board shall be created to periodically and
  178  objectively review and advise the center concerning its research
  179  program. Except for projects mandated by law, state-funded base
  180  projects shall not be undertaken without approval of the
  181  advisory board. The membership of the board shall be composed
  182  consist of 10 nine experts in transportation-related areas, as
  183  follows:
  184         (a)One member appointed by the President of the Senate.
  185         (b)One member appointed by the Speaker of the House of
  186  Representatives.
  187         (c)The Secretary of Transportation or his or her designee.
  188         (d)The Secretary of Commerce or his or her designee.
  189         (e)A member of the Florida Transportation Commission.
  190         (f)Five including the secretaries of the Department of
  191  Transportation, the Department of Environmental Protection, and
  192  the Department of Economic Opportunity, or their designees, and
  193  a member of the Florida Transportation Commission. The
  194  nomination of the remaining members recommended of the board
  195  shall be made to the President of the University of South
  196  Florida by the College of Engineering at the University of South
  197  Florida, and the appointment of these members must be reviewed
  198  and approved by the Florida Transportation Commission and
  199  confirmed by the Board of Governors.
  200         Section 6. Paragraph (d) of subsection (3) of section
  201  334.066, Florida Statutes, is amended to read:
  202         334.066 Implementing Solutions from Transportation Research
  203  and Evaluating Emerging Technologies Living Lab.—
  204         (3) An advisory board shall be created to periodically
  205  review and advise I-STREET concerning its research program. The
  206  board shall consist of nine members with expertise in
  207  transportation-related areas, as follows:
  208         (d) The Secretary of Commerce Economic Opportunity or his
  209  or her designee.
  210         Section 7. Present subsection (10) of section 339.175,
  211  Florida Statutes, is redesignated as subsection (11), a new
  212  subsection (10) is added to that section, and subsection (1),
  213  paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
  214  subsection (6), subsection (7), and present subsection (11) of
  215  that section are amended, to read:
  216         339.175 Metropolitan planning organization.—
  217         (1) INTENT PURPOSE.—It is the intent of the Legislature to
  218  encourage and promote the safe and efficient management,
  219  operation, and development of multimodal surface transportation
  220  systems that will serve the mobility needs of people and freight
  221  and foster economic growth and development within and through
  222  urbanized areas of this state while balancing the conservation
  223  of natural resources minimizing transportation-related fuel
  224  consumption, air pollution, and greenhouse gas emissions through
  225  metropolitan transportation planning processes identified in
  226  this section. To accomplish these objectives, metropolitan
  227  planning organizations, referred to in this section as M.P.O.’s,
  228  shall develop, in cooperation with the state and public transit
  229  operators, transportation plans and programs for metropolitan
  230  areas. The plans and programs for each metropolitan area must
  231  provide for the development and integrated management and
  232  operation of transportation systems and facilities, including
  233  pedestrian walkways and bicycle transportation facilities that
  234  will function as an intermodal transportation system for the
  235  metropolitan area, based upon the prevailing principles provided
  236  in s. 334.046(1). The process for developing such plans and
  237  programs shall provide for consideration of all modes of
  238  transportation and shall be continuing, cooperative, and
  239  comprehensive, to the degree appropriate, based on the
  240  complexity of the transportation problems to be addressed. To
  241  ensure that the process is integrated with the statewide
  242  planning process, M.P.O.’s shall develop plans and programs that
  243  identify transportation facilities that should function as an
  244  integrated metropolitan transportation system, giving emphasis
  245  to facilities that serve important national, state, and regional
  246  transportation functions. For the purposes of this section,
  247  those facilities include the facilities on the Strategic
  248  Intermodal System designated under s. 339.63 and facilities for
  249  which projects have been identified pursuant to s. 339.2819(4).
  250         (2) DESIGNATION.—
  251         (a)1. An M.P.O. shall be designated for each urbanized area
  252  of the state; however, this does not require that an individual
  253  M.P.O. be designated for each such area. Such designation shall
  254  be accomplished by agreement between the Governor and units of
  255  general-purpose local government representing at least 75
  256  percent of the population of the urbanized area; however, the
  257  unit of general-purpose local government that represents the
  258  central city or cities within the M.P.O. jurisdiction, as
  259  defined by the United States Bureau of the Census, must be a
  260  party to such agreement.
  261         2. To the extent possible, only one M.P.O. shall be
  262  designated for each urbanized area or group of contiguous
  263  urbanized areas. More than one M.P.O. may be designated within
  264  an existing urbanized area only if the Governor and the existing
  265  M.P.O. determine that the size and complexity of the existing
  266  urbanized area makes the designation of more than one M.P.O. for
  267  the area appropriate. After July 1, 2024, no additional M.P.O.’s
  268  may be designated in this state except in urbanized areas, as
  269  defined by the United States Bureau of the Census, where the
  270  urbanized area boundary is not contiguous to an urbanized area
  271  designated before the 2020 census, in which case each M.P.O.
  272  designated for the area must:
  273         a.Consult with every other M.P.O. designated for the
  274  urbanized area and the state to coordinate plans and
  275  transportation improvement programs.
  276         b.Ensure, to the maximum extent practicable, the
  277  consistency of data used in the planning process, including data
  278  used in forecasting travel demand within the urbanized area.
  279  
  280  Each M.P.O. required under this section must be fully operative
  281  no later than 6 months following its designation.
  282         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
  283  privileges, and authority of an M.P.O. are those specified in
  284  this section or incorporated in an interlocal agreement
  285  authorized under s. 163.01. Each M.P.O. shall perform all acts
  286  required by federal or state laws or rules, now and subsequently
  287  applicable, which are necessary to qualify for federal aid. It
  288  is the intent of this section that each M.P.O. be involved in
  289  the planning and programming of transportation facilities,
  290  including, but not limited to, airports, intercity and high
  291  speed rail lines, seaports, and intermodal facilities, to the
  292  extent permitted by state or federal law. An M.P.O. may not
  293  perform project production or delivery for capital improvement
  294  projects on the State Highway System.
  295         (b) In developing the long-range transportation plan and
  296  the transportation improvement program required under paragraph
  297  (a), each M.P.O. shall provide for consideration of projects and
  298  strategies that will:
  299         1. Support the economic vitality of the contiguous
  300  urbanized metropolitan area, especially by enabling global
  301  competitiveness, productivity, and efficiency.
  302         2. Increase the safety and security of the transportation
  303  system for motorized and nonmotorized users.
  304         3. Increase the accessibility and mobility options
  305  available to people and for freight.
  306         4. Protect and enhance the environment, conserve natural
  307  resources promote energy conservation, and improve quality of
  308  life.
  309         5. Enhance the integration and connectivity of the
  310  transportation system, across and between modes and contiguous
  311  urbanized metropolitan areas, for people and freight.
  312         6. Promote efficient system management and operation.
  313         7. Emphasize the preservation of the existing
  314  transportation system.
  315         8. Improve the resilience of transportation infrastructure.
  316         9. Reduce traffic and congestion.
  317         (i) By February 28, 2025 December 31, 2023, the M.P.O.’s
  318  serving Lee and Collier Hillsborough, Pasco, and Pinellas
  319  Counties must submit a feasibility report to the Governor, the
  320  President of the Senate, and the Speaker of the House of
  321  Representatives exploring the benefits, costs, and process of
  322  consolidation into a single M.P.O. serving the contiguous
  323  urbanized area, the goal of which would be to:
  324         1. Coordinate transportation projects deemed to be
  325  regionally significant.
  326         2. Review the impact of regionally significant land use
  327  decisions on the region.
  328         3. Review all proposed regionally significant
  329  transportation projects in their respective the transportation
  330  improvement programs.
  331         (j)1. To more fully accomplish the purposes for which
  332  M.P.O.’s have been mandated, the department shall, at least
  333  annually, convene M.P.O.’s of similar size, based on the size of
  334  population served, for the purpose of exchanging best practices.
  335  M.P.O.’s may shall develop committees or working groups as
  336  needed to accomplish such purpose. At the discretion of the
  337  department, training for new M.P.O. governing board members must
  338  be provided by the department, by an entity pursuant to a
  339  contract with the department, by the Florida Center for Urban
  340  Transportation Research, or by the Implementing Solutions from
  341  Transportation Research and Evaluating Emerging Technologies (I
  342  STREET) Living Lab coordination mechanisms with one another to
  343  expand and improve transportation within the state. The
  344  appropriate method of coordination between M.P.O.’s shall vary
  345  depending upon the project involved and given local and regional
  346  needs. Consequently, it is appropriate to set forth a flexible
  347  methodology that can be used by M.P.O.’s to coordinate with
  348  other M.P.O.’s and appropriate political subdivisions as
  349  circumstances demand.
  350         2. Any M.P.O. may join with any other M.P.O. or any
  351  individual political subdivision to coordinate activities or to
  352  achieve any federal or state transportation planning or
  353  development goals or purposes consistent with federal or state
  354  law. When an M.P.O. determines that it is appropriate to join
  355  with another M.P.O. or any political subdivision to coordinate
  356  activities, the M.P.O. or political subdivision shall enter into
  357  an interlocal agreement pursuant to s. 163.01, which, at a
  358  minimum, creates a separate legal or administrative entity to
  359  coordinate the transportation planning or development activities
  360  required to achieve the goal or purpose; provides the purpose
  361  for which the entity is created; provides the duration of the
  362  agreement and the entity and specifies how the agreement may be
  363  terminated, modified, or rescinded; describes the precise
  364  organization of the entity, including who has voting rights on
  365  the governing board, whether alternative voting members are
  366  provided for, how voting members are appointed, and what the
  367  relative voting strength is for each constituent M.P.O. or
  368  political subdivision; provides the manner in which the parties
  369  to the agreement will provide for the financial support of the
  370  entity and payment of costs and expenses of the entity; provides
  371  the manner in which funds may be paid to and disbursed from the
  372  entity; and provides how members of the entity will resolve
  373  disagreements regarding interpretation of the interlocal
  374  agreement or disputes relating to the operation of the entity.
  375  Such interlocal agreement shall become effective upon its
  376  recordation in the official public records of each county in
  377  which a member of the entity created by the interlocal agreement
  378  has a voting member. Multiple M.P.O.’s may merge, combine, or
  379  otherwise join together as a single M.P.O.
  380         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
  381  develop a long-range transportation plan that addresses at least
  382  a 20-year planning horizon. The plan must include both long
  383  range and short-range strategies and must comply with all other
  384  state and federal requirements. The prevailing principles to be
  385  considered in the long-range transportation plan are: preserving
  386  the existing transportation infrastructure; enhancing Florida’s
  387  economic competitiveness; and improving travel choices to ensure
  388  mobility. The long-range transportation plan must be consistent,
  389  to the maximum extent feasible, with future land use elements
  390  and the goals, objectives, and policies of the approved local
  391  government comprehensive plans of the units of local government
  392  located within the jurisdiction of the M.P.O. Each M.P.O. is
  393  encouraged to consider strategies that integrate transportation
  394  and land use planning to provide for sustainable development and
  395  reduce greenhouse gas emissions. The approved long-range
  396  transportation plan must be considered by local governments in
  397  the development of the transportation elements in local
  398  government comprehensive plans and any amendments thereto. The
  399  long-range transportation plan must, at a minimum:
  400         (a) Identify transportation facilities, including, but not
  401  limited to, major roadways, airports, seaports, spaceports,
  402  commuter rail systems, transit systems, and intermodal or
  403  multimodal terminals that will function as an integrated
  404  metropolitan transportation system. The long-range
  405  transportation plan must give emphasis to those transportation
  406  facilities that serve national, statewide, or regional
  407  functions, and must consider the goals and objectives identified
  408  in the Florida Transportation Plan as provided in s. 339.155. If
  409  a project is located within the boundaries of more than one
  410  M.P.O., the M.P.O.’s must coordinate plans regarding the project
  411  in the long-range transportation plan. Multiple M.P.O.’s within
  412  a contiguous urbanized area must coordinate the development of
  413  long-range transportation plans to be reviewed by the
  414  Metropolitan Planning Organization Advisory Council.
  415         (b) Include a financial plan that demonstrates how the plan
  416  can be implemented, indicating resources from public and private
  417  sources which are reasonably expected to be available to carry
  418  out the plan, and recommends any additional financing strategies
  419  for needed projects and programs. The financial plan may
  420  include, for illustrative purposes, additional projects that
  421  would be included in the adopted long-range transportation plan
  422  if reasonable additional resources beyond those identified in
  423  the financial plan were available. For the purpose of developing
  424  the long-range transportation plan, the M.P.O. and the
  425  department shall cooperatively develop estimates of funds that
  426  will be available to support the plan implementation. Innovative
  427  financing techniques may be used to fund needed projects and
  428  programs. Such techniques may include the assessment of tolls,
  429  public-private partnerships, the use of value capture financing,
  430  or the use of value pricing. Multiple M.P.O.’s within a
  431  contiguous urbanized area must ensure, to the maximum extent
  432  possible, the consistency of data used in the planning process.
  433         (c) Assess capital investment and other measures necessary
  434  to:
  435         1. Ensure the preservation of the existing metropolitan
  436  transportation system including requirements for the operation,
  437  resurfacing, restoration, and rehabilitation of major roadways
  438  and requirements for the operation, maintenance, modernization,
  439  and rehabilitation of public transportation facilities; and
  440         2. Make the most efficient use of existing transportation
  441  facilities to relieve vehicular congestion, improve safety, and
  442  maximize the mobility of people and goods. Such efforts must
  443  include, but are not limited to, consideration of infrastructure
  444  and technological improvements necessary to accommodate advances
  445  in vehicle technology, such as automated driving systems and
  446  other developments.
  447         (d) Indicate, as appropriate, proposed transportation
  448  enhancement activities, including, but not limited to,
  449  pedestrian and bicycle facilities, trails or facilities that are
  450  regionally significant or critical linkages for the Florida
  451  Shared-Use Nonmotorized Trail Network, scenic easements,
  452  landscaping, integration of advanced air mobility, and
  453  integration of autonomous and electric vehicles, electric
  454  bicycles, and motorized scooters used for freight, commuter, or
  455  micromobility purposes historic preservation, mitigation of
  456  water pollution due to highway runoff, and control of outdoor
  457  advertising.
  458         (e) In addition to the requirements of paragraphs (a)-(d),
  459  in metropolitan areas that are classified as nonattainment areas
  460  for ozone or carbon monoxide, the M.P.O. must coordinate the
  461  development of the long-range transportation plan with the State
  462  Implementation Plan developed pursuant to the requirements of
  463  the federal Clean Air Act.
  464  
  465  In the development of its long-range transportation plan, each
  466  M.P.O. must provide the public, affected public agencies,
  467  representatives of transportation agency employees, freight
  468  shippers, providers of freight transportation services, private
  469  providers of transportation, representatives of users of public
  470  transit, and other interested parties with a reasonable
  471  opportunity to comment on the long-range transportation plan.
  472  The long-range transportation plan must be approved by the
  473  M.P.O. and by the department as provided in subsection (10).
  474         (10) ACCOUNTABILITY.—
  475         (a) The department shall review each M.P.O.’s long-range
  476  transportation plan for productive flow and connectivity for
  477  people and freight within the M.P.O.’s metropolitan area. If the
  478  department finds an M.P.O.’s long-range transportation plan to
  479  be unsatisfactory or incongruent with the metropolitan area, the
  480  department must return the plan to the M.P.O. for revision.
  481         (b) The department shall create quality performance metrics
  482  and a scoring mechanism by which to evaluate each M.P.O.’s
  483  service to its communities, taking into consideration traffic
  484  congestion, the utilization rate of multimodal transportation
  485  facilities, resident satisfaction, efficiency of the
  486  transportation system for people and freight, and other factors
  487  the department deems necessary. The department shall establish a
  488  minimum acceptable quality performance score.
  489         (c) Beginning in 2025, and each year thereafter, each
  490  M.P.O. shall report its score for each quality performance
  491  metric by December 1 to the district secretary and shall publish
  492  the score and supporting data on its website. The department
  493  shall validate each M.P.O.’s score calculation and make
  494  adjustments thereto if necessary.
  495         (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
  496         (a) A Metropolitan Planning Organization Advisory Council
  497  is created to augment, and not supplant, the role of the
  498  individual M.P.O.’s in the cooperative transportation planning
  499  process described in this section.
  500         (b) The council shall consist of one representative from
  501  each M.P.O. and shall elect a chairperson annually from its
  502  number. Each M.P.O. shall also elect an alternate representative
  503  from each M.P.O. to vote in the absence of the representative.
  504  Members of the council do not receive any compensation for their
  505  services, but may be reimbursed from funds made available to
  506  council members for travel and per diem expenses incurred in the
  507  performance of their council duties as provided in s. 112.061.
  508         (c) The powers and duties of the Metropolitan Planning
  509  Organization Advisory Council are to:
  510         1. Establish bylaws by action of its governing board
  511  providing procedural rules to guide its proceedings and
  512  consideration of matters before the council, or, alternatively,
  513  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
  514  provisions of law conferring powers or duties upon it.
  515         2. Assist M.P.O.’s in carrying out the urbanized area
  516  transportation planning process by serving as the principal
  517  forum for collective policy discussion pursuant to law.
  518         3. Serve as a clearinghouse for review and comment by
  519  M.P.O.’s on the Florida Transportation Plan and on other issues
  520  required to comply with federal or state law in carrying out the
  521  urbanized area transportation and systematic planning processes
  522  instituted pursuant to s. 339.155. The council must also report
  523  annually to the Florida Transportation Commission on the
  524  alignment of M.P.O. long-range transportation plans with the
  525  Florida Transportation Plan.
  526         4. Employ an executive director and such other staff as
  527  necessary to perform adequately the functions of the council,
  528  within budgetary limitations. The executive director and staff
  529  are exempt from part II of chapter 110 and serve at the
  530  direction and control of the council. The council is assigned to
  531  the Office of the Secretary of the Department of Transportation
  532  for fiscal and accountability purposes, but it shall otherwise
  533  function independently of the control and direction of the
  534  department.
  535         5. Deliver training on federal and state program
  536  requirements and procedures to M.P.O. board members and M.P.O.
  537  staff.
  538         6. Adopt an agency strategic plan that prioritizes steps
  539  the agency will take to carry out its mission within the context
  540  of the state comprehensive plan and any other statutory mandates
  541  and directives.
  542         (d) The Metropolitan Planning Organization Advisory Council
  543  may enter into contracts in accordance with chapter 287 to
  544  support the activities described in paragraph (c). Lobbying and
  545  the acceptance of funds, grants, assistance, gifts, or bequests
  546  from private, local, state, or federal sources are prohibited.
  547         Section 8. Paragraph (b) of subsection (17) of section
  548  627.748, Florida Statutes, is amended to read:
  549         627.748 Transportation network companies.—
  550         (17) PREEMPTION.—
  551         (b) This subsection does not prohibit an airport or a
  552  seaport from charging the same reasonable pickup fees consistent
  553  with any pickup fees charged for all to taxicab pickups
  554  companies at that airport or seaport for their use of the
  555  airport’s or seaport’s facilities or prohibit the airport or
  556  seaport from designating locations for staging, pickup, and
  557  other similar operations at the airport or seaport.
  558         Section 9. Subsection (6) of section 28.37, Florida
  559  Statutes, is amended to read:
  560         28.37 Fines, fees, service charges, and costs remitted to
  561  the state.—
  562         (6) Ten percent of all court-related fines collected by the
  563  clerk, except for penalties or fines distributed to counties or
  564  municipalities under s. 316.0083(1)(b)3. or s. 318.18(16)(a) s.
  565  318.18(15)(a), must be deposited into the fine and forfeiture
  566  fund to be used exclusively for clerk court-related functions,
  567  as provided in s. 28.35(3)(a).
  568         Section 10. Paragraph (c) of subsection (1) of section
  569  142.01, Florida Statutes, is amended to read:
  570         142.01 Fine and forfeiture fund; disposition of revenue;
  571  clerk of the circuit court.—
  572         (1) There shall be established by the clerk of the circuit
  573  court in each county of this state a separate fund to be known
  574  as the fine and forfeiture fund for use by the clerk of the
  575  circuit court in performing court-related functions. The fund
  576  shall consist of the following:
  577         (c) Court costs pursuant to ss. 28.2402(1)(b),
  578  34.045(1)(b), 318.14(10)(b), 318.18(12)(a) 318.18(11)(a),
  579  327.73(9)(a) and (11)(a), and 938.05(3).
  580         Section 11. Subsection (4) of section 316.1951, Florida
  581  Statutes, is amended to read:
  582         316.1951 Parking for certain purposes prohibited; sale of
  583  motor vehicles; prohibited acts.—
  584         (4) A local government may adopt an ordinance to allow the
  585  towing of a motor vehicle parked in violation of this section. A
  586  law enforcement officer, compliance officer, code enforcement
  587  officer from any local government agency, or supervisor of the
  588  department may issue a citation and cause to be immediately
  589  removed at the owner’s expense any motor vehicle found in
  590  violation of subsection (1), except as provided in subsections
  591  (2) and (3), or in violation of subsection (5), subsection (6),
  592  subsection (7), or subsection (8), and the owner shall be
  593  assessed a penalty as provided in s. 318.18(22) s. 318.18(21) by
  594  the government agency or authority that orders immediate removal
  595  of the motor vehicle. A motor vehicle removed under this section
  596  shall not be released from an impound or towing and storage
  597  facility before a release form prescribed by the department has
  598  been completed verifying that the fine has been paid to the
  599  government agency or authority that ordered immediate removal of
  600  the motor vehicle. However, the owner may pay towing and storage
  601  charges to the towing and storage facility pursuant to s. 713.78
  602  before payment of the fine or before the release form has been
  603  completed.
  604         Section 12. Subsection (4) of section 316.306, Florida
  605  Statutes, is amended to read:
  606         316.306 School and work zones; prohibition on the use of a
  607  wireless communications device in a handheld manner.—
  608         (4)(a) Any person who violates this section commits a
  609  noncriminal traffic infraction, punishable as a moving
  610  violation, as provided in chapter 318, and shall have 4 3 points
  611  assessed against his or her driver license as set forth in s.
  612  322.27(3)(d)8. s. 322.27(3)(d)7. For a first offense under this
  613  section, in lieu of the penalty specified in s. 318.18 and the
  614  assessment of points, a person who violates this section may
  615  elect to participate in a wireless communications device driving
  616  safety program approved by the Department of Highway Safety and
  617  Motor Vehicles. Upon completion of such program, the penalty
  618  specified in s. 318.18 and associated costs may be waived by the
  619  clerk of the court and the assessment of points must be waived.
  620         (b) The clerk of the court may dismiss a case and assess
  621  court costs in accordance with s. 318.18(12)(a) s. 318.18(11)(a)
  622  for a nonmoving traffic infraction for a person who is cited for
  623  a first time violation of this section if the person shows the
  624  clerk proof of purchase of equipment that enables his or her
  625  personal wireless communications device to be used in a hands
  626  free manner.
  627         Section 13. Subsection (7) of section 316.622, Florida
  628  Statutes, is amended to read:
  629         316.622 Farm labor vehicles.—
  630         (7) A violation of this section is a noncriminal traffic
  631  infraction, punishable as provided in s. 318.18(17) s.
  632  318.18(16).
  633         Section 14. Section 318.121, Florida Statutes, is amended
  634  to read:
  635         318.121 Preemption of additional fees, fines, surcharges,
  636  and costs.—Notwithstanding any general or special law, or
  637  municipal or county ordinance, additional fees, fines,
  638  surcharges, or costs other than the court costs and surcharges
  639  assessed under s. 318.18(12), (14), (19), (20), and (23) s.
  640  318.18(11), (13), (18), (19), and (22) may not be added to the
  641  civil traffic penalties assessed under this chapter.
  642         Section 15. Subsections (13), (16) through (19), and (21)
  643  of section 318.21, Florida Statutes, are amended to read:
  644         318.21 Disposition of civil penalties by county courts.—All
  645  civil penalties received by a county court pursuant to the
  646  provisions of this chapter shall be distributed and paid monthly
  647  as follows:
  648         (13) Of the proceeds from the fine under s. 318.18(16) s.
  649  318.18(15), $65 shall be remitted to the Department of Revenue
  650  for deposit into the Administrative Trust Fund of the Department
  651  of Health and the remaining $60 shall be distributed pursuant to
  652  subsections (1) and (2).
  653         (16) The proceeds from the fines described in s. 318.18(17)
  654  s. 318.18(16) shall be remitted to the law enforcement agency
  655  that issues the citation for a violation of s. 316.622. The
  656  funds must be used for continued education and enforcement of s.
  657  316.622 and other related safety measures contained in chapter
  658  316.
  659         (17) Notwithstanding subsections (1) and (2), the proceeds
  660  from the surcharge imposed under s. 318.18(18) s. 318.18(17)
  661  shall be distributed as provided in that subsection. This
  662  subsection expires July 1, 2026.
  663         (18) Notwithstanding subsections (1) and (2), the proceeds
  664  from the administrative fee imposed under s. 318.18(19) s.
  665  318.18(18) shall be distributed as provided in that subsection.
  666         (19) Notwithstanding subsections (1) and (2), the proceeds
  667  from the Article V assessment imposed under s. 318.18(20) s.
  668  318.18(19) shall be distributed as provided in that subsection.
  669         (21) Notwithstanding subsections (1) and (2), the proceeds
  670  from the additional penalties imposed pursuant to s.
  671  318.18(5)(c) and (21) (20) shall be distributed as provided in
  672  that section.
  673         Section 16. Paragraph (d) of subsection (3) of section
  674  322.27, Florida Statutes, is amended to read:
  675         322.27 Authority of department to suspend or revoke driver
  676  license or identification card.—
  677         (3) There is established a point system for evaluation of
  678  convictions of violations of motor vehicle laws or ordinances,
  679  and violations of applicable provisions of s. 403.413(6)(b) when
  680  such violations involve the use of motor vehicles, for the
  681  determination of the continuing qualification of any person to
  682  operate a motor vehicle. The department is authorized to suspend
  683  the license of any person upon showing of its records or other
  684  good and sufficient evidence that the licensee has been
  685  convicted of violation of motor vehicle laws or ordinances, or
  686  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  687  more points as determined by the point system. The suspension
  688  shall be for a period of not more than 1 year.
  689         (d) The point system shall have as its basic element a
  690  graduated scale of points assigning relative values to
  691  convictions of the following violations:
  692         1. Reckless driving, willful and wanton—4 points.
  693         2. Leaving the scene of a crash resulting in property
  694  damage of more than $50—6 points.
  695         3. Unlawful speed, or unlawful use of a wireless
  696  communications device, resulting in a crash—6 points.
  697         4. Passing a stopped school bus:
  698         a. Not causing or resulting in serious bodily injury to or
  699  death of another—4 points.
  700         b. Causing or resulting in serious bodily injury to or
  701  death of another—6 points.
  702         c. Points may not be imposed for a violation of passing a
  703  stopped school bus as provided in s. 316.172(1)(a) or (b) when
  704  enforced by a school bus infraction detection system pursuant s.
  705  316.173. In addition, a violation of s. 316.172(1)(a) or (b)
  706  when enforced by a school bus infraction detection system
  707  pursuant to s. 316.173 may not be used for purposes of setting
  708  motor vehicle insurance rates.
  709         5. Unlawful speed:
  710         a. Not in excess of 15 miles per hour of lawful or posted
  711  speed—3 points.
  712         b. In excess of 15 miles per hour of lawful or posted
  713  speed—4 points.
  714         c. Points may not be imposed for a violation of unlawful
  715  speed as provided in s. 316.1895 or s. 316.183 when enforced by
  716  a traffic infraction enforcement officer pursuant to s.
  717  316.1896. In addition, a violation of s. 316.1895 or s. 316.183
  718  when enforced by a traffic infraction enforcement officer
  719  pursuant to s. 316.1896 may not be used for purposes of setting
  720  motor vehicle insurance rates.
  721         6. A violation of a traffic control signal device as
  722  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  723  However, points may not be imposed for a violation of s.
  724  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  725  stop at a traffic signal and when enforced by a traffic
  726  infraction enforcement officer. In addition, a violation of s.
  727  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  728  stop at a traffic signal and when enforced by a traffic
  729  infraction enforcement officer may not be used for purposes of
  730  setting motor vehicle insurance rates.
  731         7. Unlawfully driving a vehicle through a railroad-highway
  732  grade crossing—6 points.
  733         8. All other moving violations (including parking on a
  734  highway outside the limits of a municipality)—3 points. However,
  735  points may not be imposed for a violation of s. 316.0741 or s.
  736  316.2065(11); and points may be imposed for a violation of s.
  737  316.1001 only when imposed by the court after a hearing pursuant
  738  to s. 318.14(5).
  739         9.8. Any moving violation covered in this paragraph,
  740  excluding unlawful speed and unlawful use of a wireless
  741  communications device, resulting in a crash—4 points.
  742         10.9. Any conviction under s. 403.413(6)(b)—3 points.
  743         11.10. Any conviction under s. 316.0775(2)—4 points.
  744         12.11. A moving violation covered in this paragraph which
  745  is committed in conjunction with the unlawful use of a wireless
  746  communications device within a school safety zone—2 points, in
  747  addition to the points assigned for the moving violation.
  748         Section 17. Subsection (14) of section 331.3051, Florida
  749  Statutes, is amended to read:
  750         331.3051 Duties of Space Florida.—Space Florida shall:
  751         (14) Partner with the Metropolitan Planning Organization
  752  Advisory Council to coordinate and specify how aerospace
  753  planning and programming will be part of the state’s cooperative
  754  transportation planning process.
  755         Section 18. Paragraph (e) of subsection (2) of section
  756  331.310, Florida Statutes, is amended to read:
  757         331.310 Powers and duties of the board of directors.—
  758         (2) The board of directors shall:
  759         (e) Prepare an annual report of operations as a supplement
  760  to the annual report required under s. 331.3051(15) s.
  761  331.3051(16). The report must include, but not be limited to, a
  762  balance sheet, an income statement, a statement of changes in
  763  financial position, a reconciliation of changes in equity
  764  accounts, a summary of significant accounting principles, the
  765  auditor’s report, a summary of the status of existing and
  766  proposed bonding projects, comments from management about the
  767  year’s business, and prospects for the next year.
  768         Section 19. Subsection (1) of section 395.4036, Florida
  769  Statutes, is amended to read:
  770         395.4036 Trauma payments.—
  771         (1) Recognizing the Legislature’s stated intent to provide
  772  financial support to the current verified trauma centers and to
  773  provide incentives for the establishment of additional trauma
  774  centers as part of a system of state-sponsored trauma centers,
  775  the department shall utilize funds collected under s. 318.18 and
  776  deposited into the Emergency Medical Services Trust Fund of the
  777  department to ensure the availability and accessibility of
  778  trauma services throughout the state as provided in this
  779  subsection.
  780         (a) Funds collected under s. 318.18(16) s. 318.18(15) shall
  781  be distributed as follows:
  782         1. Twenty percent of the total funds collected during the
  783  state fiscal year shall be distributed to verified trauma
  784  centers that have a local funding contribution as of December
  785  31. Distribution of funds under this subparagraph shall be based
  786  on trauma caseload volume for the most recent calendar year
  787  available.
  788         2. Forty percent of the total funds collected shall be
  789  distributed to verified trauma centers based on trauma caseload
  790  volume for the most recent calendar year available. The
  791  determination of caseload volume for distribution of funds under
  792  this subparagraph shall be based on the hospital discharge data
  793  for patients who meet the criteria for classification as a
  794  trauma patient reported by each trauma center pursuant to s.
  795  408.061.
  796         3. Forty percent of the total funds collected shall be
  797  distributed to verified trauma centers based on severity of
  798  trauma patients for the most recent calendar year available. The
  799  determination of severity for distribution of funds under this
  800  subparagraph shall be based on the department’s International
  801  Classification Injury Severity Scores or another statistically
  802  valid and scientifically accepted method of stratifying a trauma
  803  patient’s severity of injury, risk of mortality, and resource
  804  consumption as adopted by the department by rule, weighted based
  805  on the costs associated with and incurred by the trauma center
  806  in treating trauma patients. The weighting of scores shall be
  807  established by the department by rule.
  808         (b) Funds collected under s. 318.18(5)(c) and (21) s.
  809  318.18(5)(c) and (20) shall be distributed as follows:
  810         1. Thirty percent of the total funds collected shall be
  811  distributed to Level II trauma centers operated by a public
  812  hospital governed by an elected board of directors as of
  813  December 31, 2008.
  814         2. Thirty-five percent of the total funds collected shall
  815  be distributed to verified trauma centers based on trauma
  816  caseload volume for the most recent calendar year available. The
  817  determination of caseload volume for distribution of funds under
  818  this subparagraph shall be based on the hospital discharge data
  819  for patients who meet the criteria for classification as a
  820  trauma patient reported by each trauma center pursuant to s.
  821  408.061.
  822         3. Thirty-five percent of the total funds collected shall
  823  be distributed to verified trauma centers based on severity of
  824  trauma patients for the most recent calendar year available. The
  825  determination of severity for distribution of funds under this
  826  subparagraph shall be based on the department’s International
  827  Classification Injury Severity Scores or another statistically
  828  valid and scientifically accepted method of stratifying a trauma
  829  patient’s severity of injury, risk of mortality, and resource
  830  consumption as adopted by the department by rule, weighted based
  831  on the costs associated with and incurred by the trauma center
  832  in treating trauma patients. The weighting of scores shall be
  833  established by the department by rule.
  834         Section 20. By October 31, 2024, the Department of
  835  Transportation shall submit to the Governor, the President of
  836  the Senate, and the Speaker of the House of Representatives a
  837  report that provides a comprehensive review of the boundaries of
  838  each of the department’s districts and makes recommendations as
  839  to whether any district’s boundaries should be redrawn as a
  840  result of population growth and increased urban density.
  841         Section 21. This act shall take effect July 1, 2024.