Bill Amendment: FL S1032 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Transportation
Status: 2024-03-08 - Died in Appropriations [S1032 Detail]
Download: Florida-2024-S1032-Senate_Committee_Amendment_607432.html
Bill Title: Transportation
Status: 2024-03-08 - Died in Appropriations [S1032 Detail]
Download: Florida-2024-S1032-Senate_Committee_Amendment_607432.html
Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1032 Ì607432ÆÎ607432 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Gruters) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (e) of subsection (1) of section 6 20.23, Florida Statutes, is amended to read: 7 20.23 Department of Transportation.—There is created a 8 Department of Transportation which shall be a decentralized 9 agency. 10 (1) 11 (e) TheAnysecretaryappointed after July 5, 1989,andthe12 assistant secretaries areshall beexempt fromthe provisions of13 part III of chapter 110 and shall receive compensation 14 commensurate with their qualifications and competitive with 15 compensation for comparable responsibility in the private 16 sector. 17 Section 2. Subsection (3) of section 334.065, Florida 18 Statutes, is amended to read: 19 334.065 Center for Urban Transportation Research.— 20 (3) An advisory board shall be created to periodically and 21 objectively review and advise the center concerning its research 22 program. Except for projects mandated by law, state-funded base 23 projects shall not be undertaken without approval of the 24 advisory board. The membership of the board shall be composed 25consistof 10nineexperts in transportation-related areas, as 26 follows: 27 (a) One member appointed by the President of the Senate. 28 (b) One member appointed by the Speaker of the House of 29 Representatives. 30 (c) The Secretary of Transportation or his or her designee. 31 (d) The Secretary of Commerce or his or her designee. 32 (e) A member of the Florida Transportation Commission. 33 (f) Fiveincluding the secretaries of the Department of34Transportation, the Department of Environmental Protection, and35the Department of Economic Opportunity, or their designees, and36a member of the Florida Transportation Commission. The37nomination of theremainingmembers recommendedof the board38shall be madeto the President of the University of South 39 Florida by the College of Engineering at the University of South 40 Florida., andThe appointment of these members must be reviewed 41 and approved by the Florida Transportation Commission and 42 confirmed by the Board of Governors. 43 Section 3. Paragraph (d) of subsection (3) of section 44 334.066, Florida Statutes, is amended to read: 45 334.066 Implementing Solutions from Transportation Research 46 and Evaluating Emerging Technologies Living Lab.— 47 (3) An advisory board shall be created to periodically 48 review and advise I-STREET concerning its research program. The 49 board shall consist of nine members with expertise in 50 transportation-related areas, as follows: 51 (d) The Secretary of CommerceEconomic Opportunityor his 52 or her designee. 53 Section 4. Present subsection (10) of section 339.175, 54 Florida Statutes, is redesignated as subsection (11), a new 55 subsection (10) is added to that section, and subsection (1), 56 paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of 57 subsection (6), subsection (7), and present subsection (11) are 58 amended, to read: 59 339.175 Metropolitan planning organization.— 60 (1) INTENTPURPOSE.—It is the intent of the Legislature to 61 encourage and promote the safe and efficient management, 62 operation, and development of multimodalsurfacetransportation 63 systems that will serve the mobility needs of people and freight 64 and foster economic growth and development within and through 65 urbanized areas of this state while balancing the conservation 66 of natural resourcesminimizing transportation-related fuel67consumption, air pollution, and greenhouse gas emissions through68metropolitan transportation planning processes identified in69this section. To accomplish these objectives, metropolitan 70 planning organizations, referred to in this section as M.P.O.’s, 71 shall develop, in cooperation with the state and public transit 72 operators, transportation plans and programs for metropolitan 73 areas. The plans and programs for each metropolitan area must 74 provide for the development and integrated management and 75 operation of transportation systems and facilities, including 76 pedestrian walkways and bicycle transportation facilities that 77 will function as an intermodal transportation system for the 78 metropolitan area, based upon the prevailing principles provided 79 in s. 334.046(1). The process for developing such plans and 80 programs shall provide for consideration of all modes of 81 transportation and shall be continuing, cooperative, and 82 comprehensive, to the degree appropriate, based on the 83 complexity of the transportation problems to be addressed. To 84 ensure that the process is integrated with the statewide 85 planning process, M.P.O.’s shall develop plans and programs that 86 identify transportation facilities that should function as an 87 integrated metropolitan transportation system, giving emphasis 88 to facilities that serve important national, state, and regional 89 transportation functions. For the purposes of this section, 90 those facilities include the facilities on the Strategic 91 Intermodal System designated under s. 339.63 and facilities for 92 which projects have been identified pursuant to s. 339.2819(4). 93 (2) DESIGNATION.— 94 (a)1. An M.P.O. shall be designated for each urbanized area 95 of the state; however, this does not require that an individual 96 M.P.O. be designated for each such area. Such designation shall 97 be accomplished by agreement between the Governor and units of 98 general-purpose local government representing at least 75 99 percent of the population of the urbanized area; however, the 100 unit of general-purpose local government that represents the 101 central city or cities within the M.P.O. jurisdiction, as 102 defined by the United States Bureau of the Census, must be a 103 party to such agreement. 104 2. To the extent possible, only one M.P.O. shall be 105 designated for each urbanized area or group of contiguous 106 urbanized areas. More than one M.P.O. may be designated within 107 an existing urbanized area only if the Governor and the existing 108 M.P.O. determine that the size and complexity of the existing 109 urbanized area makes the designation of more than one M.P.O. for 110 the area appropriate. After July 1, 2024, no additional M.P.O.’s 111 may be designated in this state except in urbanized areas, as 112 defined by the United States Bureau of the Census, where the 113 urbanized area boundary is not contiguous to an urbanized area 114 designated before the 2020 census, in which case each M.P.O.115designated for the area must:116a.Consult with every other M.P.O. designated for the117urbanized area and the state to coordinate plans and118transportation improvement programs.119b.Ensure, to the maximum extent practicable, the120consistency of data used in the planning process, including data121used in forecasting travel demand within the urbanized area. 122 123 Each M.P.O. required under this section must be fully operative 124 no later than 6 months following its designation. 125 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers, 126 privileges, and authority of an M.P.O. are those specified in 127 this section or incorporated in an interlocal agreement 128 authorized under s. 163.01. Each M.P.O. shall perform all acts 129 required by federal or state laws or rules, now and subsequently 130 applicable, which are necessary to qualify for federal aid. It 131 is the intent of this section that each M.P.O. be involved in 132 the planning and programming of transportation facilities, 133 including, but not limited to, airports, intercity and high 134 speed rail lines, seaports, and intermodal facilities, to the 135 extent permitted by state or federal law. An M.P.O. may not 136 perform project production or delivery for capital improvement 137 projects on the State Highway System. 138 (b) In developing the long-range transportation plan and 139 the transportation improvement program required under paragraph 140 (a), each M.P.O. shall provide for consideration of projects and 141 strategies that will: 142 1. Support the economic vitality of the contiguous 143 urbanized metropolitan area, especially by enabling global 144 competitiveness, productivity, and efficiency. 145 2. Increase the safety and security of the transportation 146 system for motorized and nonmotorized users. 147 3. Increase the accessibility and mobility options 148 available to people and for freight. 149 4. Protect and enhance the environment, conserve natural 150 resourcespromote energy conservation, and improve quality of 151 life. 152 5. Enhance the integration and connectivity of the 153 transportation system, across and between modes and contiguous 154 urbanized metropolitan areas, for people and freight. 155 6. Promote efficient system management and operation. 156 7. Emphasize the preservation of the existing 157 transportation system. 158 8. Improve the resilience of transportation infrastructure. 159 9. Reduce traffic and congestion. 160 (i) By February 28, 2025December 31, 2023, the M.P.O.’s 161 serving Lee and CollierHillsborough, Pasco, and Pinellas162 Counties must submit a feasibility report to the Governor, the 163 President of the Senate, and the Speaker of the House of 164 Representatives exploring the benefits, costs, and process of 165 consolidation into a single M.P.O. serving the contiguous 166 urbanized area, the goal of which would be to: 167 1. Coordinate transportation projects deemed to be 168 regionally significant. 169 2. Review the impact of regionally significant land use 170 decisions on the region. 171 3. Review all proposed regionally significant 172 transportation projects in their respectivethetransportation 173 improvement programs. 174 (j)1. To more fully accomplish the purposes for which 175 M.P.O.’s have been mandated, the department shall, at least 176 annually, convene M.P.O.’s of similar size, based on the size of 177 population served, for the purpose of exchanging best practices. 178 M.P.O.’s mayshalldevelop committees or working groups as 179 needed to accomplish such purpose. At the discretion of the 180 department, training for new M.P.O. governing board members must 181 be provided by the department, by an entity pursuant to a 182 contract with the department, by the Florida Center for Urban 183 Transportation Research, or by the Implementing Solutions from 184 Transportation Research and Evaluating Emerging Technologies (I 185 STREET) Living Labcoordination mechanisms with one another to186expand and improve transportation within the state. The187appropriate method of coordination between M.P.O.’s shall vary188depending upon the project involved and given local and regional189needs. Consequently, it is appropriate to set forth a flexible190methodology that can be used by M.P.O.’s to coordinate with191other M.P.O.’s and appropriate political subdivisions as192circumstances demand. 193 2. Any M.P.O. may join with any other M.P.O. or any 194 individual political subdivision to coordinate activities or to 195 achieve any federal or state transportation planning or 196 development goals or purposes consistent with federal or state 197 law. When an M.P.O. determines that it is appropriate to join 198 with another M.P.O. or any political subdivision to coordinate 199 activities, the M.P.O. or political subdivision shall enter into 200 an interlocal agreement pursuant to s. 163.01, which, at a 201 minimum, creates a separate legal or administrative entity to 202 coordinate the transportation planning or development activities 203 required to achieve the goal or purpose; provides the purpose 204 for which the entity is created; provides the duration of the 205 agreement and the entity and specifies how the agreement may be 206 terminated, modified, or rescinded; describes the precise 207 organization of the entity, including who has voting rights on 208 the governing board, whether alternative voting members are 209 provided for, how voting members are appointed, and what the 210 relative voting strength is for each constituent M.P.O. or 211 political subdivision; provides the manner in which the parties 212 to the agreement will provide for the financial support of the 213 entity and payment of costs and expenses of the entity; provides 214 the manner in which funds may be paid to and disbursed from the 215 entity; and provides how members of the entity will resolve 216 disagreements regarding interpretation of the interlocal 217 agreement or disputes relating to the operation of the entity. 218 Such interlocal agreement shall become effective upon its 219 recordation in the official public records of each county in 220 which a member of the entity created by the interlocal agreement 221 has a voting member. Multiple M.P.O.’s may merge, combine, or 222 otherwise join together as a single M.P.O. 223 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must 224 develop a long-range transportation plan that addresses at least 225 a 20-year planning horizon. The plan must include both long 226 range and short-range strategies and must comply with all other 227 state and federal requirements. The prevailing principles to be 228 considered in the long-range transportation plan are: preserving 229 the existing transportation infrastructure; enhancing Florida’s 230 economic competitiveness; and improving travel choices to ensure 231 mobility. The long-range transportation plan must be consistent, 232 to the maximum extent feasible, with future land use elements 233 and the goals, objectives, and policies of the approved local 234 government comprehensive plans of the units of local government 235 located within the jurisdiction of the M.P.O. Each M.P.O. is 236 encouraged to consider strategies that integrate transportation 237 and land use planning to provide for sustainable development and 238 reduce greenhouse gas emissions. The approved long-range 239 transportation plan must be considered by local governments in 240 the development of the transportation elements in local 241 government comprehensive plans and any amendments thereto. The 242 long-range transportation plan must, at a minimum: 243 (a) Identify transportation facilities, including, but not 244 limited to, major roadways, airports, seaports, spaceports, 245 commuter rail systems, transit systems, and intermodal or 246 multimodal terminals that will function as an integrated 247 metropolitan transportation system. The long-range 248 transportation plan must give emphasis to those transportation 249 facilities that serve national, statewide, or regional 250 functions, and must consider the goals and objectives identified 251 in the Florida Transportation Plan as provided in s. 339.155. If 252 a project is located within the boundaries of more than one 253 M.P.O., the M.P.O.’s must coordinate plans regarding the project 254 in the long-range transportation plan.Multiple M.P.O.’s within255a contiguous urbanized area must coordinate the development of256long-range transportation plans to be reviewed by the257Metropolitan Planning Organization Advisory Council.258 (b) Include a financial plan that demonstrates how the plan 259 can be implemented, indicating resources from public and private 260 sources which are reasonably expected to be available to carry 261 out the plan, and recommends any additional financing strategies 262 for needed projects and programs. The financial plan may 263 include, for illustrative purposes, additional projects that 264 would be included in the adopted long-range transportation plan 265 if reasonable additional resources beyond those identified in 266 the financial plan were available. For the purpose of developing 267 the long-range transportation plan, the M.P.O. and the 268 department shall cooperatively develop estimates of funds that 269 will be available to support the plan implementation. Innovative 270 financing techniques may be used to fund needed projects and 271 programs. Such techniques may include the assessment of tolls, 272 public-private partnerships, the use of value capture financing, 273 or the use of value pricing. Multiple M.P.O.’s within a 274 contiguous urbanized area must ensure, to the maximum extent 275 possible, the consistency of data used in the planning process. 276 (c) Assess capital investment and other measures necessary 277 to: 278 1. Ensure the preservation of the existing metropolitan 279 transportation system including requirements for the operation, 280 resurfacing, restoration, and rehabilitation of major roadways 281 and requirements for the operation, maintenance, modernization, 282 and rehabilitation of public transportation facilities; and 283 2. Make the most efficient use of existing transportation 284 facilities to relieve vehicular congestion, improve safety, and 285 maximize the mobility of people and goods. Such efforts must 286 include, but are not limited to, consideration of infrastructure 287 and technological improvements necessary to accommodate advances 288 in vehicle technology, such as automated driving systems and 289 other developments. 290 (d) Indicate, as appropriate, proposed transportation 291 enhancement activities, including, but not limited to, 292 pedestrian and bicycle facilities, trails or facilities that are 293 regionally significant or critical linkages for the Florida 294 Shared-Use Nonmotorized Trail Network, scenic easements, 295 landscaping, integration of advanced air mobility, and 296 integration of autonomous and electric vehicles, electric 297 bicycles, and motorized scooters used for freight, commuter, or 298 micromobility purposeshistoric preservation, mitigation of299water pollution due to highway runoff, and control of outdoor300advertising. 301 (e) In addition to the requirements of paragraphs (a)-(d), 302 in metropolitan areas that are classified as nonattainment areas 303 for ozone or carbon monoxide, the M.P.O. must coordinate the 304 development of the long-range transportation plan with the State 305 Implementation Plan developed pursuant to the requirements of 306 the federal Clean Air Act. 307 308 In the development of its long-range transportation plan, each 309 M.P.O. must provide the public, affected public agencies, 310 representatives of transportation agency employees, freight 311 shippers, providers of freight transportation services, private 312 providers of transportation, representatives of users of public 313 transit, and other interested parties with a reasonable 314 opportunity to comment on the long-range transportation plan. 315 The long-range transportation plan must be approved by the 316 M.P.O. and by the department as provided in subsection (10). 317 (10) ACCOUNTABILITY.— 318 (a) The department shall review each M.P.O.’s long-range 319 transportation plan for productive flow and connectivity for 320 people and freight within the M.P.O.’s metropolitan area. If the 321 department finds an M.P.O.’s long-range transportation plan to 322 be unsatisfactory or incongruent with the metropolitan area, the 323 department must return the plan to the M.P.O. for revision. 324 (b) The department shall create quality performance metrics 325 and a scoring mechanism by which to evaluate each M.P.O.’s 326 service to its communities, taking into consideration traffic 327 congestion, the utilization rate of multimodal transportation 328 facilities, resident satisfaction, efficiency of the 329 transportation system for people and freight, and other factors 330 the department deems necessary. The department shall establish a 331 minimum acceptable quality performance score. 332 (c) Beginning in 2025, and each year thereafter, each 333 M.P.O. shall report its score for each quality performance 334 metric by December 1 to the district secretary and shall publish 335 the score and supporting data on its website. The department 336 shall validate each M.P.O.’s score calculation and make 337 adjustments thereto if necessary. 338(11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—339(a) A Metropolitan Planning Organization Advisory Council340is created to augment, and not supplant, the role of the341individual M.P.O.’s in the cooperative transportation planning342process described in this section.343(b) The council shall consist of one representative from344each M.P.O. and shall elect a chairperson annually from its345number. Each M.P.O. shall also elect an alternate representative346from each M.P.O. to vote in the absence of the representative.347Members of the council do not receive any compensation for their348services, but may be reimbursed from funds made available to349council members for travel and per diem expenses incurred in the350performance of their council duties as provided in s. 112.061.351(c) The powers and duties of the Metropolitan Planning352Organization Advisory Council are to:3531. Establish bylaws by action of its governing board354providing procedural rules to guide its proceedings and355consideration of matters before the council, or, alternatively,356adopt rules pursuant to ss. 120.536(1) and 120.54 to implement357provisions of law conferring powers or duties upon it.3582. Assist M.P.O.’s in carrying out the urbanized area359transportation planning process by serving as the principal360forum for collective policy discussion pursuant to law.3613. Serve as a clearinghouse for review and comment by362M.P.O.’s on the Florida Transportation Plan and on other issues363required to comply with federal or state law in carrying out the364urbanized area transportation and systematic planning processes365instituted pursuant to s. 339.155. The council must also report366annually to the Florida Transportation Commission on the367alignment of M.P.O. long-range transportation plans with the368Florida Transportation Plan.3694. Employ an executive director and such other staff as370necessary to perform adequately the functions of the council,371within budgetary limitations. The executive director and staff372are exempt from part II of chapter 110 and serve at the373direction and control of the council. The council is assigned to374the Office of the Secretary of the Department of Transportation375for fiscal and accountability purposes, but it shall otherwise376function independently of the control and direction of the377department.3785. Deliver training on federal and state program379requirements and procedures to M.P.O. board members and M.P.O.380staff.3816. Adopt an agency strategic plan that prioritizes steps382the agency will take to carry out its mission within the context383of the state comprehensive plan and any other statutory mandates384and directives.385(d) The Metropolitan Planning Organization Advisory Council386may enter into contracts in accordance with chapter 287 to387support the activities described in paragraph (c). Lobbying and388the acceptance of funds, grants, assistance, gifts, or bequests389from private, local, state, or federal sources are prohibited.390 Section 5. Subsection (14) of section 331.3051, Florida 391 Statutes, is amended to read: 392 331.3051 Duties of Space Florida.—Space Florida shall: 393(14) Partner with the Metropolitan Planning Organization394Advisory Council to coordinate and specify how aerospace395planning and programming will be part of the state’s cooperative396transportation planning process.397 Section 6. Paragraph (e) of subsection (2) of section 398 331.310, Florida Statutes, is amended to read: 399 331.310 Powers and duties of the board of directors.— 400 (2) The board of directors shall: 401 (e) Prepare an annual report of operations as a supplement 402 to the annual report required under s. 331.3051(15)s.403331.3051(16). The report must include, but not be limited to, a 404 balance sheet, an income statement, a statement of changes in 405 financial position, a reconciliation of changes in equity 406 accounts, a summary of significant accounting principles, the 407 auditor’s report, a summary of the status of existing and 408 proposed bonding projects, comments from management about the 409 year’s business, and prospects for the next year. 410 Section 7. By October 31, 2024, the Department of 411 Transportation shall submit to the Governor, the President of 412 the Senate, and the Speaker of the House of Representatives a 413 report that provides a comprehensive review of the boundaries of 414 each of the department’s districts and makes recommendations as 415 to whether any district’s boundaries should be redrawn as a 416 result of population growth and increased urban density. 417 Section 8. This act shall take effect July 1, 2024. 418 419 ================= T I T L E A M E N D M E N T ================ 420 And the title is amended as follows: 421 Delete everything before the enacting clause 422 and insert: 423 A bill to be entitled 424 An act relating to transportation; amending s. 20.23, 425 F.S.; deleting obsolete language; amending s. 334.065, 426 F.S.; revising the membership of the Center for Urban 427 Transportation Research advisory board; requiring 428 review and approval of certain recommendations to the 429 advisory board by the Florida Transportation 430 Commission and confirmation of such nominations by the 431 Board of Governors; amending s. 334.066, F.S.; 432 revising the membership of the Implementing Solutions 433 from Transportation Research and Evaluating Emerging 434 Technologies (I-STREET) Living Lab advisory board; 435 amending s. 339.175, F.S.; revising legislative 436 intent; prohibiting the designation of additional 437 metropolitan planning organizations (M.P.O.’s) after a 438 specified date except in certain urbanized areas; 439 deleting provisions relating to duties for a 440 designated M.P.O; revising projects and strategies to 441 be considered in developing an M.P.O.’s long-range 442 transportation plan and transportation improvement 443 program; revising the M.P.O.’s required to submit to 444 the Governor and the Legislature, by a specified date, 445 a feasibility report regarding consolidation; 446 requiring the department to periodically convene 447 M.P.O.’s of similar size to exchange best practices; 448 authorizing such M.P.O.’s to develop committees or 449 working groups; requiring training for new M.P.O. 450 governing board members to be provided by the 451 department or, at the discretion of the department, 452 another specified entity; deleting a provision 453 relating to M.P.O. coordination mechanisms; including 454 public-private partnerships as an authorized 455 innovative financing technique for needed projects and 456 programs; revising proposed transportation enhancement 457 activities that must be indicated by the long-range 458 transportation plan; providing that MPO long-range 459 transportation plans must be approved by the 460 department, as well as the M.P.O.; requiring the 461 department to review certain aspects of each M.P.O.’s 462 long-range transportation plan and to return the plan 463 to the M.P.O. for revision if deemed unsatisfactory; 464 requiring the department to create quality performance 465 metrics and a scoring mechanism to evaluate each 466 M.P.O.’s service to its communities and to establish a 467 minimum acceptable quality performance score; 468 requiring each M.P.O. to report its quality 469 performance score annually to the district secretary 470 and to publish the score on its website, beginning on 471 a specified date; requiring the department to validate 472 each M.P.O.’s score calculation and make any necessary 473 adjustments; deleting provisions relating to the 474 Metropolitan Planning Organization Advisory Council; 475 amending ss. 331.3051 and 331.310, F.S.; conforming 476 cross-references and provisions to changes made by the 477 act; requiring the department to submit a report to 478 the Governor and Legislature by a specified date which 479 provides a comprehensive review of the boundaries of 480 department districts and makes certain 481 recommendations; providing an effective date.