Bill Text: FL S1516 | 2018 | Regular Session | Introduced
Bill Title: Metropolitan Planning Organizations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Transportation [S1516 Detail]
Download: Florida-2018-S1516-Introduced.html
Florida Senate - 2018 SB 1516 By Senator Perry 8-01323-18 20181516__ 1 A bill to be entitled 2 An act relating to metropolitan planning 3 organizations; amending s. 339.175, F.S.; revising 4 voting membership requirements for metropolitan 5 planning organizations according to population; 6 prohibiting an entire county commission from being 7 members of a governing board; revising the percentage 8 of membership which may be composed of county 9 commissioners; requiring metropolitan planning 10 organizations to adopt certain bylaws; revising 11 provisions relating to reappointment of members; 12 requiring metropolitan planning organizations to 13 comply with certain provisions by a specified date; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Subsection (3) and paragraph (b) of subsection 19 (4) of section 339.175, Florida Statutes, are amended to read: 20 339.175 Metropolitan planning organization.— 21 (3) VOTING MEMBERSHIP.— 22 (a)1. The voting membership of an M.P.O. designated in an 23 urbanized area with a population of 500,000 or fewer shall 24 consist of at least 5 but not more than 1125apportioned 25 members, with the exact number determined on an equitable 26 geographic-population ratio basis, based on an agreement among 27 the affected units of general-purpose local government and the 28 Governor, as required by federal regulations. 29 2. The voting membership of an M.P.O. designated in an 30 urbanized area with a population of more than 500,000 shall 31 consist of at least 5 but not more than 15 apportioned members, 32 with the exact number determined on an equitable geographic 33 population ratio basis, based on an agreement among the affected 34 units of general-purpose local government and the Governor, as 35 required by federal regulations. 36 3. In accordance with 23 U.S.C. s. 134, the Governor may 37 also allow M.P.O. members who represent municipalities to 38 alternate with representatives from other municipalities within 39 the metropolitan planning area which do not have members on the 40 M.P.O.With the exception of instances in which all of the41county commissioners in a single-county M.P.O. are members of42the M.P.O. governing board,County commissioners shall compose 43 at least one-third of the M.P.O. governing board membership; 44 however, the entire county commission may not be members of the 45 M.P.O. governing board. A multicounty M.P.O. may satisfy this 46 requirement by any combination of county commissioners from each 47 of the counties constituting the M.P.O. Voting members shall be 48 elected officials of general-purpose local governments, one of 49 whom may represent a group of general-purpose local governments 50 through an entity created by an M.P.O. for that purpose. An 51 M.P.O. may include, as part of its apportioned voting members, a 52 member of a statutorily authorized planning board, an official 53 of an agency that operates or administers a major mode of 54 transportation, or an official of Space Florida.As used in this55section, the term “elected officials of a general-purpose local56government” excludes constitutional officers, including57sheriffs, tax collectors, supervisors of elections, property58appraisers, clerks of the court, and similar types of officials.59 County commissioners shall compose not less than 3020percent 60 of the M.P.O. membership if an official of an agency that 61 operates or administers a major mode of transportation has been 62 appointed to an M.P.O. Each M.P.O. shall adopt bylaws governing 63 the operation of the M.P.O., including voting privileges. An 64 M.P.O. may not adopt a weighted voting structure. 65 66 For purposes of this section, the term “elected officials of a 67 general-purpose local government” excludes constitutional 68 officers, including sheriffs, tax collectors, supervisors of 69 elections, property appraisers, clerks of the court, and similar 70 types of officials. 71 (b) In metropolitan areas in which authorities or other 72 agencies have been or may be created by law to perform 73 transportation functions and are or will be performing 74 transportation functions that are not under the jurisdiction of 75 a general-purpose local government represented on the M.P.O., 76 such authorities or other agencies may be provided voting 77 membership on the M.P.O. In all other M.P.O.’s in which 78 transportation authorities or agencies are to be represented by 79 elected officials offromgeneral-purpose local governments, the 80 M.P.O. shall establish a process by which the collective 81 interests of such authorities or other agencies are expressed 82 and conveyed. 83 (c) Any other provision of this section to the contrary 84 notwithstanding, a chartercharteredcounty with a population of 85 over 1 millionpopulationmay elect to reapportion the 86 membership of an M.P.O. if the M.P.O.whosejurisdiction is 87 wholly contained within the county. The charter county may 88 exercise the provisions of this paragraph if: 89 1. The M.P.O. approves the reapportionment plan by a three 90 fourths vote of its membership; 91 2. The M.P.O. and the charter county determine that the 92 reapportionment plan is needed to fulfill specific goals and 93 policies applicable to that metropolitan planning area; and 94 3. The charter county determines the reapportionment plan 95 otherwise complies with all federal requirements pertaining to 96 M.P.O. membership. 97 98 AAnycharter county that elects to exercise the provisions of 99 this paragraph shall notify the Governor in writing. 100 (d) Any other provision of this section to the contrary 101 notwithstanding, aanycounty as defined in s. 125.011(1) 102chartered under s. 6(e), Art. VIII of the State Constitutionmay 103 elect to have its county commission serve as the M.P.O.,if the 104 M.P.O. jurisdiction is wholly contained within the county. AAny105chartercounty that elects to exercise the provisions of this 106 paragraph shallsonotify the Governor in writing. Upon receipt 107 of such notification, the Governor must designate the county 108 commission as the M.P.O. The Governor must appoint four 109 additional voting members to the M.P.O., one of whom must be an 110 elected official representing a municipality within the county, 111 one of whom must be an expressway authority member, one of whom 112 must be a person who does not hold elected public office and who 113 resides in the unincorporated portion of the county, and one of 114 whom must be a school board member. 115 (4) APPORTIONMENT.— 116 (b) Except for members who represent municipalities on the 117 basis of alternating with representatives from other 118 municipalities that do not have members on the M.P.O. as 119 provided in paragraph (3)(a), the members of an M.P.O. shall 120 serve 4-year terms. Members who represent municipalities on the 121 basis of alternating with representatives from other 122 municipalities that do not have members on the M.P.O. as 123 provided in paragraph (3)(a) may serve terms of up to 4 years as 124 further provided in the interlocal agreement described in 125 paragraph (2)(b). The membership of a member who is a public 126 official automatically terminates upon the member’s leaving his 127 or her elective or appointive office for any reason, or may be 128 terminated by a majority vote of the total membership of the 129 entity’s governing board represented by the member. A vacancy 130 shall be filled by the original appointing entity. A member may 131 be reappointed for oneor moreadditional 4-year termterms. 132 Section 2. Notwithstanding any other provision of law to 133 the contrary, by July 1, 2019, each metropolitan planning 134 organization shall update its membership, interlocal agreement, 135 governing documents, and any other relevant information to 136 comply with changes made by this act to s. 339.175, Florida 137 Statutes. 138 Section 3. This act shall take effect July 1, 2018.