Bill Text: FL S1032 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2024-03-08 - Died in Appropriations [S1032 Detail]
Download: Florida-2024-S1032-Introduced.html
Bill Title: Transportation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2024-03-08 - Died in Appropriations [S1032 Detail]
Download: Florida-2024-S1032-Introduced.html
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 Governorfrom among three persons nominated by the Florida98Transportation Commissionand 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 Florida108Transportation Commission or its staff, such assistance,109information, and documents as are requested by the commission or110its staff to enable the commission to fulfill its duties and111responsibilities.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)TheAnysecretaryappointed after July 5, 1989,and 129theassistant secretaries areshall beexempt fromthe130provisions ofpart 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 hereby135created and shall consist of nine members appointed by the136Governor subject to confirmation by the Senate. Members of the137commission shall serve terms of 4 years each.1382.Members shall be appointed in such a manner as to139equitably represent all geographic areas of the state. Each140member must be a registered voter and a citizen of the state.141Each member of the commission must also possess business142managerial experience in the private sector.1433.A member of the commission shall represent the144transportation needs of the state as a whole and may not145subordinate the needs of the state to those of any particular146area of the state.1474.The commission is assigned to the Office of the148Secretary of the Department of Transportation for administrative149and fiscal accountability purposes, but it shall otherwise150function independently of the control and direction of the151department.152(b)The commission shall:1531.Recommend major transportation policies for the154Governor’s approval and assure that approved policies and any155revisions are properly executed.1562.Periodically review the status of the state157transportation system, including highway, transit, rail,158seaport, intermodal development, and aviation components of the159system, and recommend improvements to the Governor and the160Legislature.1613.Perform an in-depth evaluation of the annual department162budget request, the Florida Transportation Plan, and the163tentative work program for compliance with all applicable laws164and established departmental policies. Except as specifically165provided in s. 339.135(4)(c)2., (d), and (f), the commission may166not consider individual construction projects but shall consider167methods of accomplishing the goals of the department in the most168effective, efficient, and businesslike manner.1694.Monitor the financial status of the department on a170regular basis to assure that the department is managing revenue171and bond proceeds responsibly and in accordance with law and172established policy.1735.Monitor on at least a quarterly basis the efficiency,174productivity, and management of the department using performance175and production standards developed by the commission pursuant to176s. 334.045.1776.Perform an in-depth evaluation of the factors causing178disruption of project schedules in the adopted work program and179recommend to the Governor and the Legislature methods to180eliminate or reduce the disruptive effects of these factors.1817.Recommend to the Governor and the Legislature182improvements to the department’s organization in order to183streamline and optimize the efficiency of the department. In184reviewing the department’s organization, the commission shall185determine if the current district organizational structure is186responsive to this state’s changing economic and demographic187development patterns. The report by the commission must be188delivered to the Governor and the Legislature by December 15189each year, as appropriate. The commission may retain experts as190necessary to carry out this subparagraph, and the department191shall pay the expenses of the experts.1928.Monitor the efficiency, productivity, and management of193the agencies and authorities created under chapters 348 and 349;194the Mid-Bay Bridge Authority re-created pursuant to chapter1952000-411, Laws of Florida; and any authority formed under196chapter 343. The commission shall also conduct periodic reviews197of each agency’s and authority’s operations and budget,198acquisition of property, management of revenue and bond199proceeds, and compliance with applicable laws and generally200accepted accounting principles.201(c)The commission or a member thereof may not enter into202the day-to-day operation of the department or a monitored203authority and is specifically prohibited from taking part in:2041.The awarding of contracts.2052.The selection of a consultant or contractor or the206prequalification of any individual consultant or contractor.207However, the commission may recommend to the secretary standards208and policies governing the procedure for selection and209prequalification of consultants and contractors.2103.The selection of a route for a specific project.2114.The specific location of a transportation facility.2125.The acquisition of rights-of-way.2136.The employment, promotion, demotion, suspension,214transfer, or discharge of any department personnel.2157.The granting, denial, suspension, or revocation of any216license or permit issued by the department.217(d)1.The chair of the commission shall be selected by the218commission members and shall serve a 1-year term.2192.The commission shall hold a minimum of 4 regular220meetings annually, and other meetings may be called by the chair221upon giving at least 1 week’s notice to all members and the222public pursuant to chapter 120. Other meetings may also be held223upon the written request of at least four other members of the224commission, with at least 1 week’s notice of such meeting being225given to all members and the public by the chair pursuant to226chapter 120. Emergency meetings may be held without notice upon227the request of all members of the commission. At each meeting of228the commission, the secretary or his or her designee shall229submit a report of major actions taken by him or her as the230official representative of the department.2313.A majority of the membership of the commission232constitutes a quorum at any meeting of the commission. An action233of the commission is not binding unless the action is taken234pursuant to an affirmative vote of a majority of the members235present, but not fewer than four members of the commission at a236meeting held pursuant to subparagraph 2., and the vote is237recorded in the minutes of that meeting.2384.The chair shall cause to be made a complete record of239the proceedings of the commission, which record shall be open240for public inspection.241(e)The meetings of the commission shall be held in the242central office of the department in Tallahassee unless the chair243determines that special circumstances warrant meeting at another244location.245(f)Members of the commission are entitled to per diem and246travel expenses pursuant to s. 112.061.247(g)A member of the commission may not have any interest,248direct or indirect, in any contract, franchise, privilege, or249other benefit granted or awarded by the department during the250term of his or her appointment and for 2 years after the251termination of such appointment.252(h)The commission shall appoint an executive director and253assistant executive director, who shall serve under the254direction, supervision, and control of the commission. The255executive director, with the consent of the commission, shall256employ such staff as are necessary to perform adequately the257functions of the commission, within budgetary limitations. All258employees of the commission are exempt from part II of chapter259110 and shall serve at the pleasure of the commission. The260salaries and benefits of all employees of the commission shall261be set in accordance with the Selected Exempt Service; provided,262however, that the commission shall have complete authority for263fixing the salary of the executive director and assistant264executive director.265(i)The commission shall develop a budget pursuant to266chapter 216. The budget is not subject to change by the267department, but such budget shall be submitted to the Governor268along 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 policy275initiatives or revisions shall be submitted to the commission276for 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 those288aspects 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. 307including the secretaries of the Department of Transportation,308the Department of Environmental Protection, and the Department309of Economic Opportunity, or their designees, and a member of the310Florida Transportation Commission. The nomination of the311remaining312 (e) Five members commendedof the board shall be madeto 313 the President of the University of South Florida by the College 314 of Engineering at the University of South Florida., andThe 315 appointment of these members must be reviewed,andapproved,by316the Florida Transportation Commissionand 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 CommerceEconomic Opportunityor his 327 or her designee. 328 (e)A member of the Florida Transportation Commission.329(f)FiveFourmembers 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 352Prior tothe public hearing and evaluationsubmissionof 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 include394such objections in its evaluation of the tentative work program395only when the secretary has approved the rescheduling or396deletion.397 (d) BeforePrior tothe 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 beforeprior tothe submission of the district 419 work program to the central office and shall forward a copy of 420 such requests to the secretaryand the Florida Transportation421Commission. The commission shall include such requests in its422evaluation of the tentative work program. 423 (f)The central office shall submit a preliminary copy of424the tentative work program to the Executive Office of the425Governor, the legislative appropriations committees, the Florida426Transportation Commission, and the Department of Economic427Opportunity at least 14 days prior tothe convening of the428regular legislative session. Prior to the statewide public429hearing required by paragraph (g), the Department of Economic430Opportunity shall transmit to the Florida Transportation431Commission a list of those projects and project phases contained432in the tentative work program which are identified as being433inconsistent with approved local government comprehensive plans.434For urbanized areas of metropolitan planning organizations, the435list may not contain any project or project phase that is436scheduled in a transportation improvement program unless such437inconsistency has been previously reported to the affected438metropolitan planning organization.439(g)1.The departmentFlorida Transportation Commission440 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 beforeprior tothe hearing. As part of the statewide public 444 hearing, the departmentcommissionshall, 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.; and449 2.b.Hear all questions, suggestions, or other comments 450 offered by the public. 451 (g)2.ByNo later than 14 days beforeafterthe regular 452 legislative session begins, the departmentcommissionshall 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.; and468 9.i.Compliance with all other applicable laws. 469(h)Following evaluation by the Florida Transportation470Commission, the department shall submit the tentative work471program to the Executive Office of the Governor and the472legislative appropriations committees no later than 14 days473after 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) INTENTPURPOSE.—It is the intent of the Legislature to 482 encourage and promote the safe and efficient management, 483 operation, and development of multimodalsurfacetransportation 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 resourcesminimizing transportation-related fuel488consumption, air pollution, and greenhouse gas emissions through489metropolitan transportation planning processes identified in490this 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.536designated for the area must:537a.Consult with every other M.P.O. designated for the538urbanized area and the state to coordinate plans and539transportation improvement programs.540b.Ensure, to the maximum extent practicable, the541consistency of data used in the planning process, including data542used 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 resourcespromote 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, 2025December 31, 2023, the M.P.O.’s 582 serving Lee and CollierHillsborough, Pasco, and Pinellas583 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 mayshalldevelop 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 Labcoordination mechanisms with one another to607expand and improve transportation within the state. The608appropriate method of coordination between M.P.O.’s shall vary609depending upon the project involved and given local and regional610needs. Consequently, it is appropriate to set forth a flexible611methodology that can be used by M.P.O.’s to coordinate with612other M.P.O.’s and appropriate political subdivisions as613circumstances 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 within676a contiguous urbanized area must coordinate the development of677long-range transportation plans to be reviewed by the678Metropolitan 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 purposeshistoric preservation, mitigation of720water pollution due to highway runoff, and control of outdoor721advertising. 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 Council783is created to augment, and not supplant, the role of the784individual M.P.O.’s in the cooperative transportation planning785process described in this section.786(b) The council shall consist of one representative from787each M.P.O. and shall elect a chairperson annually from its788number. Each M.P.O. shall also elect an alternate representative789from each M.P.O. to vote in the absence of the representative.790Members of the council do not receive any compensation for their791services, but may be reimbursed from funds made available to792council members for travel and per diem expenses incurred in the793performance of their council duties as provided in s. 112.061.794(c) The powers and duties of the Metropolitan Planning795Organization Advisory Council are to:7961. Establish bylaws by action of its governing board797providing procedural rules to guide its proceedings and798consideration of matters before the council, or, alternatively,799adopt rules pursuant to ss. 120.536(1) and 120.54 to implement800provisions of law conferring powers or duties upon it.8012. Assist M.P.O.’s in carrying out the urbanized area802transportation planning process by serving as the principal803forum for collective policy discussion pursuant to law.8043. Serve as a clearinghouse for review and comment by805M.P.O.’s on the Florida Transportation Plan and on other issues806required to comply with federal or state law in carrying out the807urbanized area transportation and systematic planning processes808instituted pursuant to s. 339.155. The council must also report809annually to the Florida Transportation Commission on the810alignment of M.P.O. long-range transportation plans with the811Florida Transportation Plan.8124. Employ an executive director and such other staff as813necessary to perform adequately the functions of the council,814within budgetary limitations. The executive director and staff815are exempt from part II of chapter 110 and serve at the816direction and control of the council. The council is assigned to817the Office of the Secretary of the Department of Transportation818for fiscal and accountability purposes, but it shall otherwise819function independently of the control and direction of the820department.8215. Deliver training on federal and state program822requirements and procedures to M.P.O. board members and M.P.O.823staff.8246. Adopt an agency strategic plan that prioritizes steps825the agency will take to carry out its mission within the context826of the state comprehensive plan and any other statutory mandates827and directives.828(d) The Metropolitan Planning Organization Advisory Council829may enter into contracts in accordance with chapter 287 to830support the activities described in paragraph (c). Lobbying and831the acceptance of funds, grants, assistance, gifts, or bequests832from 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 costsdetermined as864provided in this subparagraph. The departmentFlorida865Transportation Commissionshall 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.90020.23(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) 922s. 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 Organization942Advisory Council to coordinate and specify how aerospace943planning and programming will be part of the state’s cooperative944transportation 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.951331.3051(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 the962Strategic Intermodal System Plan, the Florida Transportation963Commission, as part of its work program review process, shall964conduct an annual assessment of the progress that the department965and its transportation partners have made in realizing the goals966of economic development, improved mobility, and increased967intermodal connectivity of the Strategic Intermodal System. The968Florida Transportation Commission shall coordinate with the969department and other appropriate entities when developing this970assessment. The Florida Transportation Commission shall deliver971a report to the Governor and Legislature no later than 14 days972after the regular session begins, with recommendations as973necessary 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.