Bill Text: FL S1032 | 2024 | Regular Session | Comm Sub
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-Comm_Sub.html
Bill Title: Transportation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2024-03-08 - Died in Appropriations [S1032 Detail]
Download: Florida-2024-S1032-Comm_Sub.html
Florida Senate - 2024 CS for SB 1032 By the Committee on Transportation; and Senator Gruters 596-02955-24 20241032c1 1 A bill to be entitled 2 An act relating to transportation; amending s. 20.23, 3 F.S.; deleting obsolete language; amending s. 334.065, 4 F.S.; revising the membership of the Center for Urban 5 Transportation Research advisory board; requiring 6 review and approval of certain recommendations to the 7 advisory board by the Florida Transportation 8 Commission and confirmation of such nominations by the 9 Board of Governors; amending s. 334.066, F.S.; 10 revising the membership of the Implementing Solutions 11 from Transportation Research and Evaluating Emerging 12 Technologies (I-STREET) Living Lab advisory board; 13 amending s. 339.175, F.S.; revising legislative 14 intent; prohibiting the designation of additional 15 metropolitan planning organizations (M.P.O.’s) after a 16 specified date except in certain urbanized areas; 17 deleting provisions relating to duties for a 18 designated M.P.O.; revising projects and strategies to 19 be considered in developing an M.P.O.’s long-range 20 transportation plan and transportation improvement 21 program; revising the M.P.O.’s required to submit to 22 the Governor and the Legislature, by a specified date, 23 a feasibility report regarding consolidation; 24 requiring the department to periodically convene 25 M.P.O.’s of similar size to exchange best practices; 26 authorizing such M.P.O.’s to develop committees or 27 working groups; requiring training for new M.P.O. 28 governing board members to be provided by the 29 department or, at the discretion of the department, 30 another specified entity; deleting a provision 31 relating to M.P.O. coordination mechanisms; including 32 public-private partnerships as an authorized 33 innovative financing technique for needed projects and 34 programs; revising proposed transportation enhancement 35 activities that must be indicated by the long-range 36 transportation plan; providing that M.P.O. long-range 37 transportation plans must be approved by the 38 department, as well as the M.P.O.; requiring the 39 department to review certain aspects of each M.P.O.’s 40 long-range transportation plan and to return the plan 41 to the M.P.O. for revision if deemed unsatisfactory; 42 requiring the department to create quality performance 43 metrics and a scoring mechanism to evaluate each 44 M.P.O.’s service to its communities and to establish a 45 minimum acceptable quality performance score; 46 requiring each M.P.O. to report its quality 47 performance score annually to the district secretary 48 and to publish the score on its website, beginning on 49 a specified date; requiring the department to validate 50 each M.P.O.’s score calculation and make any necessary 51 adjustments; deleting provisions relating to the 52 Metropolitan Planning Organization Advisory Council; 53 amending ss. 331.3051 and 331.310, F.S.; conforming 54 cross-references and provisions to changes made by the 55 act; requiring the department to submit a report to 56 the Governor and Legislature by a specified date which 57 provides a comprehensive review of the boundaries of 58 department districts and makes certain 59 recommendations; providing an effective date. 60 61 Be It Enacted by the Legislature of the State of Florida: 62 63 Section 1. Paragraph (e) of subsection (1) of section 64 20.23, Florida Statutes, is amended to read: 65 20.23 Department of Transportation.—There is created a 66 Department of Transportation which shall be a decentralized 67 agency. 68 (1) 69 (e) TheAnysecretaryappointed after July 5, 1989,andthe70 assistant secretaries areshall beexempt fromthe provisions of71 part III of chapter 110 and shall receive compensation 72 commensurate with their qualifications and competitive with 73 compensation for comparable responsibility in the private 74 sector. 75 Section 2. Subsection (3) of section 334.065, Florida 76 Statutes, is amended to read: 77 334.065 Center for Urban Transportation Research.— 78 (3) An advisory board shall be created to periodically and 79 objectively review and advise the center concerning its research 80 program. Except for projects mandated by law, state-funded base 81 projects shall not be undertaken without approval of the 82 advisory board. The membership of the board shall be composed 83consistof 10nineexperts in transportation-related areas, as 84 follows: 85 (a) One member appointed by the President of the Senate. 86 (b) One member appointed by the Speaker of the House of 87 Representatives. 88 (c) The Secretary of Transportation or his or her designee. 89 (d) The Secretary of Commerce or his or her designee. 90 (e) A member of the Florida Transportation Commission. 91 (f) Fiveincluding the secretaries of the Department of92Transportation, the Department of Environmental Protection, and93the Department of Economic Opportunity, or their designees, and94a member of the Florida Transportation Commission. The95nomination of theremainingmembers recommendedof the board96shall be madeto the President of the University of South 97 Florida by the College of Engineering at the University of South 98 Florida., andThe appointment of these members must be reviewed 99 and approved by the Florida Transportation Commission and 100 confirmed by the Board of Governors. 101 Section 3. Paragraph (d) of subsection (3) of section 102 334.066, Florida Statutes, is amended to read: 103 334.066 Implementing Solutions from Transportation Research 104 and Evaluating Emerging Technologies Living Lab.— 105 (3) An advisory board shall be created to periodically 106 review and advise I-STREET concerning its research program. The 107 board shall consist of nine members with expertise in 108 transportation-related areas, as follows: 109 (d) The Secretary of CommerceEconomic Opportunityor his 110 or her designee. 111 Section 4. Present subsection (10) of section 339.175, 112 Florida Statutes, is redesignated as subsection (11), a new 113 subsection (10) is added to that section, and subsection (1), 114 paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of 115 subsection (6), subsection (7), and present subsection (11) are 116 amended, to read: 117 339.175 Metropolitan planning organization.— 118 (1) INTENTPURPOSE.—It is the intent of the Legislature to 119 encourage and promote the safe and efficient management, 120 operation, and development of multimodalsurfacetransportation 121 systems that will serve the mobility needs of people and freight 122 and foster economic growth and development within and through 123 urbanized areas of this state while balancing the conservation 124 of natural resourcesminimizing transportation-related fuel125consumption, air pollution, and greenhouse gas emissions through126metropolitan transportation planning processes identified in127this section. To accomplish these objectives, metropolitan 128 planning organizations, referred to in this section as M.P.O.’s, 129 shall develop, in cooperation with the state and public transit 130 operators, transportation plans and programs for metropolitan 131 areas. The plans and programs for each metropolitan area must 132 provide for the development and integrated management and 133 operation of transportation systems and facilities, including 134 pedestrian walkways and bicycle transportation facilities that 135 will function as an intermodal transportation system for the 136 metropolitan area, based upon the prevailing principles provided 137 in s. 334.046(1). The process for developing such plans and 138 programs shall provide for consideration of all modes of 139 transportation and shall be continuing, cooperative, and 140 comprehensive, to the degree appropriate, based on the 141 complexity of the transportation problems to be addressed. To 142 ensure that the process is integrated with the statewide 143 planning process, M.P.O.’s shall develop plans and programs that 144 identify transportation facilities that should function as an 145 integrated metropolitan transportation system, giving emphasis 146 to facilities that serve important national, state, and regional 147 transportation functions. For the purposes of this section, 148 those facilities include the facilities on the Strategic 149 Intermodal System designated under s. 339.63 and facilities for 150 which projects have been identified pursuant to s. 339.2819(4). 151 (2) DESIGNATION.— 152 (a)1. An M.P.O. shall be designated for each urbanized area 153 of the state; however, this does not require that an individual 154 M.P.O. be designated for each such area. Such designation shall 155 be accomplished by agreement between the Governor and units of 156 general-purpose local government representing at least 75 157 percent of the population of the urbanized area; however, the 158 unit of general-purpose local government that represents the 159 central city or cities within the M.P.O. jurisdiction, as 160 defined by the United States Bureau of the Census, must be a 161 party to such agreement. 162 2. To the extent possible, only one M.P.O. shall be 163 designated for each urbanized area or group of contiguous 164 urbanized areas. More than one M.P.O. may be designated within 165 an existing urbanized area only if the Governor and the existing 166 M.P.O. determine that the size and complexity of the existing 167 urbanized area makes the designation of more than one M.P.O. for 168 the area appropriate. After July 1, 2024, no additional M.P.O.’s 169 may be designated in this state except in urbanized areas, as 170 defined by the United States Bureau of the Census, where the 171 urbanized area boundary is not contiguous to an urbanized area 172 designated before the 2020 census, in which case each M.P.O.173designated for the area must:174a.Consult with every other M.P.O. designated for the175urbanized area and the state to coordinate plans and176transportation improvement programs.177b.Ensure, to the maximum extent practicable, the178consistency of data used in the planning process, including data179used in forecasting travel demand within the urbanized area. 180 181 Each M.P.O. required under this section must be fully operative 182 no later than 6 months following its designation. 183 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers, 184 privileges, and authority of an M.P.O. are those specified in 185 this section or incorporated in an interlocal agreement 186 authorized under s. 163.01. Each M.P.O. shall perform all acts 187 required by federal or state laws or rules, now and subsequently 188 applicable, which are necessary to qualify for federal aid. It 189 is the intent of this section that each M.P.O. be involved in 190 the planning and programming of transportation facilities, 191 including, but not limited to, airports, intercity and high 192 speed rail lines, seaports, and intermodal facilities, to the 193 extent permitted by state or federal law. An M.P.O. may not 194 perform project production or delivery for capital improvement 195 projects on the State Highway System. 196 (b) In developing the long-range transportation plan and 197 the transportation improvement program required under paragraph 198 (a), each M.P.O. shall provide for consideration of projects and 199 strategies that will: 200 1. Support the economic vitality of the contiguous 201 urbanized metropolitan area, especially by enabling global 202 competitiveness, productivity, and efficiency. 203 2. Increase the safety and security of the transportation 204 system for motorized and nonmotorized users. 205 3. Increase the accessibility and mobility options 206 available to people and for freight. 207 4. Protect and enhance the environment, conserve natural 208 resourcespromote energy conservation, and improve quality of 209 life. 210 5. Enhance the integration and connectivity of the 211 transportation system, across and between modes and contiguous 212 urbanized metropolitan areas, for people and freight. 213 6. Promote efficient system management and operation. 214 7. Emphasize the preservation of the existing 215 transportation system. 216 8. Improve the resilience of transportation infrastructure. 217 9. Reduce traffic and congestion. 218 (i) By February 28, 2025December 31, 2023, the M.P.O.’s 219 serving Lee and CollierHillsborough, Pasco, and Pinellas220 Counties must submit a feasibility report to the Governor, the 221 President of the Senate, and the Speaker of the House of 222 Representatives exploring the benefits, costs, and process of 223 consolidation into a single M.P.O. serving the contiguous 224 urbanized area, the goal of which would be to: 225 1. Coordinate transportation projects deemed to be 226 regionally significant. 227 2. Review the impact of regionally significant land use 228 decisions on the region. 229 3. Review all proposed regionally significant 230 transportation projects in their respectivethetransportation 231 improvement programs. 232 (j)1. To more fully accomplish the purposes for which 233 M.P.O.’s have been mandated, the department shall, at least 234 annually, convene M.P.O.’s of similar size, based on the size of 235 population served, for the purpose of exchanging best practices. 236 M.P.O.’s mayshalldevelop committees or working groups as 237 needed to accomplish such purpose. At the discretion of the 238 department, training for new M.P.O. governing board members must 239 be provided by the department, by an entity pursuant to a 240 contract with the department, by the Florida Center for Urban 241 Transportation Research, or by the Implementing Solutions from 242 Transportation Research and Evaluating Emerging Technologies (I 243 STREET) Living Labcoordination mechanisms with one another to244expand and improve transportation within the state. The245appropriate method of coordination between M.P.O.’s shall vary246depending upon the project involved and given local and regional247needs. Consequently, it is appropriate to set forth a flexible248methodology that can be used by M.P.O.’s to coordinate with249other M.P.O.’s and appropriate political subdivisions as250circumstances demand. 251 2. Any M.P.O. may join with any other M.P.O. or any 252 individual political subdivision to coordinate activities or to 253 achieve any federal or state transportation planning or 254 development goals or purposes consistent with federal or state 255 law. When an M.P.O. determines that it is appropriate to join 256 with another M.P.O. or any political subdivision to coordinate 257 activities, the M.P.O. or political subdivision shall enter into 258 an interlocal agreement pursuant to s. 163.01, which, at a 259 minimum, creates a separate legal or administrative entity to 260 coordinate the transportation planning or development activities 261 required to achieve the goal or purpose; provides the purpose 262 for which the entity is created; provides the duration of the 263 agreement and the entity and specifies how the agreement may be 264 terminated, modified, or rescinded; describes the precise 265 organization of the entity, including who has voting rights on 266 the governing board, whether alternative voting members are 267 provided for, how voting members are appointed, and what the 268 relative voting strength is for each constituent M.P.O. or 269 political subdivision; provides the manner in which the parties 270 to the agreement will provide for the financial support of the 271 entity and payment of costs and expenses of the entity; provides 272 the manner in which funds may be paid to and disbursed from the 273 entity; and provides how members of the entity will resolve 274 disagreements regarding interpretation of the interlocal 275 agreement or disputes relating to the operation of the entity. 276 Such interlocal agreement shall become effective upon its 277 recordation in the official public records of each county in 278 which a member of the entity created by the interlocal agreement 279 has a voting member. Multiple M.P.O.’s may merge, combine, or 280 otherwise join together as a single M.P.O. 281 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must 282 develop a long-range transportation plan that addresses at least 283 a 20-year planning horizon. The plan must include both long 284 range and short-range strategies and must comply with all other 285 state and federal requirements. The prevailing principles to be 286 considered in the long-range transportation plan are: preserving 287 the existing transportation infrastructure; enhancing Florida’s 288 economic competitiveness; and improving travel choices to ensure 289 mobility. The long-range transportation plan must be consistent, 290 to the maximum extent feasible, with future land use elements 291 and the goals, objectives, and policies of the approved local 292 government comprehensive plans of the units of local government 293 located within the jurisdiction of the M.P.O. Each M.P.O. is 294 encouraged to consider strategies that integrate transportation 295 and land use planning to provide for sustainable development and 296 reduce greenhouse gas emissions. The approved long-range 297 transportation plan must be considered by local governments in 298 the development of the transportation elements in local 299 government comprehensive plans and any amendments thereto. The 300 long-range transportation plan must, at a minimum: 301 (a) Identify transportation facilities, including, but not 302 limited to, major roadways, airports, seaports, spaceports, 303 commuter rail systems, transit systems, and intermodal or 304 multimodal terminals that will function as an integrated 305 metropolitan transportation system. The long-range 306 transportation plan must give emphasis to those transportation 307 facilities that serve national, statewide, or regional 308 functions, and must consider the goals and objectives identified 309 in the Florida Transportation Plan as provided in s. 339.155. If 310 a project is located within the boundaries of more than one 311 M.P.O., the M.P.O.’s must coordinate plans regarding the project 312 in the long-range transportation plan.Multiple M.P.O.’s within313a contiguous urbanized area must coordinate the development of314long-range transportation plans to be reviewed by the315Metropolitan Planning Organization Advisory Council.316 (b) Include a financial plan that demonstrates how the plan 317 can be implemented, indicating resources from public and private 318 sources which are reasonably expected to be available to carry 319 out the plan, and recommends any additional financing strategies 320 for needed projects and programs. The financial plan may 321 include, for illustrative purposes, additional projects that 322 would be included in the adopted long-range transportation plan 323 if reasonable additional resources beyond those identified in 324 the financial plan were available. For the purpose of developing 325 the long-range transportation plan, the M.P.O. and the 326 department shall cooperatively develop estimates of funds that 327 will be available to support the plan implementation. Innovative 328 financing techniques may be used to fund needed projects and 329 programs. Such techniques may include the assessment of tolls, 330 public-private partnerships, the use of value capture financing, 331 or the use of value pricing. Multiple M.P.O.’s within a 332 contiguous urbanized area must ensure, to the maximum extent 333 possible, the consistency of data used in the planning process. 334 (c) Assess capital investment and other measures necessary 335 to: 336 1. Ensure the preservation of the existing metropolitan 337 transportation system including requirements for the operation, 338 resurfacing, restoration, and rehabilitation of major roadways 339 and requirements for the operation, maintenance, modernization, 340 and rehabilitation of public transportation facilities; and 341 2. Make the most efficient use of existing transportation 342 facilities to relieve vehicular congestion, improve safety, and 343 maximize the mobility of people and goods. Such efforts must 344 include, but are not limited to, consideration of infrastructure 345 and technological improvements necessary to accommodate advances 346 in vehicle technology, such as automated driving systems and 347 other developments. 348 (d) Indicate, as appropriate, proposed transportation 349 enhancement activities, including, but not limited to, 350 pedestrian and bicycle facilities, trails or facilities that are 351 regionally significant or critical linkages for the Florida 352 Shared-Use Nonmotorized Trail Network, scenic easements, 353 landscaping, integration of advanced air mobility, and 354 integration of autonomous and electric vehicles, electric 355 bicycles, and motorized scooters used for freight, commuter, or 356 micromobility purposeshistoric preservation, mitigation of357water pollution due to highway runoff, and control of outdoor358advertising. 359 (e) In addition to the requirements of paragraphs (a)-(d), 360 in metropolitan areas that are classified as nonattainment areas 361 for ozone or carbon monoxide, the M.P.O. must coordinate the 362 development of the long-range transportation plan with the State 363 Implementation Plan developed pursuant to the requirements of 364 the federal Clean Air Act. 365 366 In the development of its long-range transportation plan, each 367 M.P.O. must provide the public, affected public agencies, 368 representatives of transportation agency employees, freight 369 shippers, providers of freight transportation services, private 370 providers of transportation, representatives of users of public 371 transit, and other interested parties with a reasonable 372 opportunity to comment on the long-range transportation plan. 373 The long-range transportation plan must be approved by the 374 M.P.O. and by the department as provided in subsection (10). 375 (10) ACCOUNTABILITY.— 376 (a) The department shall review each M.P.O.’s long-range 377 transportation plan for productive flow and connectivity for 378 people and freight within the M.P.O.’s metropolitan area. If the 379 department finds an M.P.O.’s long-range transportation plan to 380 be unsatisfactory or incongruent with the metropolitan area, the 381 department must return the plan to the M.P.O. for revision. 382 (b) The department shall create quality performance metrics 383 and a scoring mechanism by which to evaluate each M.P.O.’s 384 service to its communities, taking into consideration traffic 385 congestion, the utilization rate of multimodal transportation 386 facilities, resident satisfaction, efficiency of the 387 transportation system for people and freight, and other factors 388 the department deems necessary. The department shall establish a 389 minimum acceptable quality performance score. 390 (c) Beginning in 2025, and each year thereafter, each 391 M.P.O. shall report its score for each quality performance 392 metric by December 1 to the district secretary and shall publish 393 the score and supporting data on its website. The department 394 shall validate each M.P.O.’s score calculation and make 395 adjustments thereto if necessary. 396(11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—397(a) A Metropolitan Planning Organization Advisory Council398is created to augment, and not supplant, the role of the399individual M.P.O.’s in the cooperative transportation planning400process described in this section.401(b) The council shall consist of one representative from402each M.P.O. and shall elect a chairperson annually from its403number. Each M.P.O. shall also elect an alternate representative404from each M.P.O. to vote in the absence of the representative.405Members of the council do not receive any compensation for their406services, but may be reimbursed from funds made available to407council members for travel and per diem expenses incurred in the408performance of their council duties as provided in s. 112.061.409(c) The powers and duties of the Metropolitan Planning410Organization Advisory Council are to:4111. Establish bylaws by action of its governing board412providing procedural rules to guide its proceedings and413consideration of matters before the council, or, alternatively,414adopt rules pursuant to ss. 120.536(1) and 120.54 to implement415provisions of law conferring powers or duties upon it.4162. Assist M.P.O.’s in carrying out the urbanized area417transportation planning process by serving as the principal418forum for collective policy discussion pursuant to law.4193. Serve as a clearinghouse for review and comment by420M.P.O.’s on the Florida Transportation Plan and on other issues421required to comply with federal or state law in carrying out the422urbanized area transportation and systematic planning processes423instituted pursuant to s. 339.155. The council must also report424annually to the Florida Transportation Commission on the425alignment of M.P.O. long-range transportation plans with the426Florida Transportation Plan.4274. Employ an executive director and such other staff as428necessary to perform adequately the functions of the council,429within budgetary limitations. The executive director and staff430are exempt from part II of chapter 110 and serve at the431direction and control of the council. The council is assigned to432the Office of the Secretary of the Department of Transportation433for fiscal and accountability purposes, but it shall otherwise434function independently of the control and direction of the435department.4365. Deliver training on federal and state program437requirements and procedures to M.P.O. board members and M.P.O.438staff.4396. Adopt an agency strategic plan that prioritizes steps440the agency will take to carry out its mission within the context441of the state comprehensive plan and any other statutory mandates442and directives.443(d) The Metropolitan Planning Organization Advisory Council444may enter into contracts in accordance with chapter 287 to445support the activities described in paragraph (c). Lobbying and446the acceptance of funds, grants, assistance, gifts, or bequests447from private, local, state, or federal sources are prohibited.448 Section 5. Subsection (14) of section 331.3051, Florida 449 Statutes, is amended to read: 450 331.3051 Duties of Space Florida.—Space Florida shall: 451(14) Partner with the Metropolitan Planning Organization452Advisory Council to coordinate and specify how aerospace453planning and programming will be part of the state’s cooperative454transportation planning process.455 Section 6. Paragraph (e) of subsection (2) of section 456 331.310, Florida Statutes, is amended to read: 457 331.310 Powers and duties of the board of directors.— 458 (2) The board of directors shall: 459 (e) Prepare an annual report of operations as a supplement 460 to the annual report required under s. 331.3051(15)s.461331.3051(16). The report must include, but not be limited to, a 462 balance sheet, an income statement, a statement of changes in 463 financial position, a reconciliation of changes in equity 464 accounts, a summary of significant accounting principles, the 465 auditor’s report, a summary of the status of existing and 466 proposed bonding projects, comments from management about the 467 year’s business, and prospects for the next year. 468 Section 7. By October 31, 2024, the Department of 469 Transportation shall submit to the Governor, the President of 470 the Senate, and the Speaker of the House of Representatives a 471 report that provides a comprehensive review of the boundaries of 472 each of the department’s districts and makes recommendations as 473 to whether any district’s boundaries should be redrawn as a 474 result of population growth and increased urban density. 475 Section 8. This act shall take effect July 1, 2024.