October 15, 2019
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       Florida Senate - 2010                                     SB 424
       
       
       
       By Senator Bullard
       
       
       
       
       39-00249-10                                            2010424__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         amending s. 334.044, F.S.; directing the department to
    4         maintain specified training programs for employees and
    5         prospective employees; amending s. 339.155, F.S.;
    6         eliminating the requirement for annual updating of the
    7         Florida Transportation Plan; removing obsolete
    8         provisions; deleting the requirement to develop a
    9         short-range component of the Florida Transportation
   10         Plan; eliminating the requirement to develop an annual
   11         performance report; amending ss. 338.223, 339.2819,
   12         and 339.285, F.S., relating to proposed turnpike
   13         projects, the Transportation Regional Incentive
   14         Program, and the Enhanced Bridge Program for
   15         Sustainable Transportation; conforming cross
   16         references; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (34) is added to section 334.044,
   21  Florida Statutes, to read:
   22         334.044 Department; powers and duties.—The department shall
   23  have the following general powers and duties:
   24         (34) To maintain training programs for department employees
   25  and prospective employees who are graduates from an approved
   26  engineering curriculum of 4 years or more in a school, college,
   27  or university approved by the state Board of Professional
   28  Engineers for the purpose of providing broad practical expertise
   29  in the field of transportation engineering and leading to
   30  licensure as a professional engineer. The department shall
   31  maintain training programs for department employees providing
   32  broad practical experience and enhanced knowledge in the areas
   33  of right-of-way property management, real estate appraisal, and
   34  business valuation relating to the department’s right-of-way
   35  acquisition activities. These training programs may provide for
   36  incremental increases in the base salary of all employees
   37  enrolled in the programs following successful completion of
   38  training phases.
   39         Section 2. Section 339.155, Florida Statutes, is amended to
   40  read:
   41         339.155 Transportation planning.—
   42         (1) THE FLORIDA TRANSPORTATION PLAN.—The department shall
   43  develop and annually update a statewide transportation plan, to
   44  be known as the Florida Transportation Plan. The plan shall be
   45  designed so as to be easily read and understood by the general
   46  public. The purpose of the Florida Transportation Plan is to
   47  establish and define the state’s long-range transportation goals
   48  and objectives to be accomplished over a period of at least 20
   49  years within the context of the State Comprehensive Plan, and
   50  any other statutory mandates and authorizations and based upon
   51  the prevailing principles of: preserving the existing
   52  transportation infrastructure; enhancing Florida’s economic
   53  competitiveness; and improving travel choices to ensure
   54  mobility. The Florida Transportation Plan shall consider the
   55  needs of the entire state transportation system and examine the
   56  use of all modes of transportation to effectively and
   57  efficiently meet such needs.
   58         (2) SCOPE OF PLANNING PROCESS.—The department shall carry
   59  out a transportation planning process in conformance with s.
   60  334.046(1) and shall amend the plan from time to time. which
   61  provides for consideration of projects and strategies that will:
   62         (a) Support the economic vitality of the United States,
   63  Florida, and the metropolitan areas, especially by enabling
   64  global competitiveness, productivity, and efficiency;
   65         (b) Increase the safety and security of the transportation
   66  system for motorized and nonmotorized users;
   67         (c) Increase the accessibility and mobility options
   68  available to people and for freight;
   69         (d) Protect and enhance the environment, promote energy
   70  conservation, and improve quality of life;
   71         (e) Enhance the integration and connectivity of the
   72  transportation system, across and between modes throughout
   73  Florida, for people and freight;
   74         (f) Promote efficient system management and operation; and
   75         (g) Emphasize the preservation of the existing
   76  transportation system.
   77         (3) FORMAT, SCHEDULE, AND REVIEW.—The Florida
   78  Transportation Plan shall be a unified, concise planning
   79  document that clearly defines the state’s long-range
   80  transportation goals and objectives and documents the
   81  department’s short-range objectives developed to further such
   82  goals and objectives. The plan shall:
   83         (a) Include a glossary that clearly and succinctly defines
   84  any and all phrases, words, or terms of art included in the
   85  plan, with which the general public may be unfamiliar. and shall
   86  consist of, at a minimum, the following components:
   87         (b)(a)Document A long-range component documenting the
   88  goals and long-term objectives necessary to implement the
   89  results of the department’s findings from its examination of the
   90  criteria listed in subsection (2) and s. 334.046(1). The long
   91  range component must
   92         (c) Be developed in cooperation with the metropolitan
   93  planning organizations and reconciled, to the maximum extent
   94  feasible, with the long-range plans developed by metropolitan
   95  planning organizations pursuant to s. 339.175. The plan must
   96  also
   97         (d) Be developed in consultation with affected local
   98  officials in nonmetropolitan areas and with any affected Indian
   99  tribal governments. The plan must
  100         (e) Provide an examination of transportation issues likely
  101  to arise during at least a 20-year period. The long-range
  102  component shall
  103         (f) Be updated at least once every 5 years, or more often
  104  as necessary, to reflect substantive changes to federal or state
  105  law.
  106         (b) A short-range component documenting the short-term
  107  objectives and strategies necessary to implement the goals and
  108  long-term objectives contained in the long-range component. The
  109  short-range component must define the relationship between the
  110  long-range goals and the short-range objectives, specify those
  111  objectives against which the department’s achievement of such
  112  goals will be measured, and identify transportation strategies
  113  necessary to efficiently achieve the goals and objectives in the
  114  plan. It must provide a policy framework within which the
  115  department’s legislative budget request, the strategic
  116  information resource management plan, and the work program are
  117  developed. The short-range component shall serve as the
  118  department’s annual agency strategic plan pursuant to s.
  119  186.021. The short-range component shall be developed consistent
  120  with available and forecasted state and federal funds. The
  121  short-range component shall also be submitted to the Florida
  122  Transportation Commission.
  123         (4) ANNUAL PERFORMANCE REPORT.—The department shall develop
  124  an annual performance report evaluating the operation of the
  125  department for the preceding fiscal year. The report shall also
  126  include a summary of the financial operations of the department
  127  and shall annually evaluate how well the adopted work program
  128  meets the short-term objectives contained in the short-range
  129  component of the Florida Transportation Plan. This performance
  130  report shall be submitted to the Florida Transportation
  131  Commission and the legislative appropriations and transportation
  132  committees.
  133         (4)(5) ADDITIONAL TRANSPORTATION PLANS.—
  134         (a) Upon request by local governmental entities, the
  135  department may in its discretion develop and design
  136  transportation corridors, arterial and collector streets,
  137  vehicular parking areas, and other support facilities which are
  138  consistent with the plans of the department for major
  139  transportation facilities. The department may render to local
  140  governmental entities or their planning agencies such technical
  141  assistance and services as are necessary so that local plans and
  142  facilities are coordinated with the plans and facilities of the
  143  department.
  144         (b) Each regional planning council, as provided for in s.
  145  186.504, or any successor agency thereto, shall develop, as an
  146  element of its strategic regional policy plan, transportation
  147  goals and policies. The transportation goals and policies must
  148  be prioritized to comply with the prevailing principles provided
  149  in subsection (2) and s. 334.046(1). The transportation goals
  150  and policies shall be consistent, to the maximum extent
  151  feasible, with the goals and policies of the metropolitan
  152  planning organization and the Florida Transportation Plan. The
  153  transportation goals and policies of the regional planning
  154  council will be advisory only and shall be submitted to the
  155  department and any affected metropolitan planning organization
  156  for their consideration and comments. Metropolitan planning
  157  organization plans and other local transportation plans shall be
  158  developed consistent, to the maximum extent feasible, with the
  159  regional transportation goals and policies. The regional
  160  planning council shall review urbanized area transportation
  161  plans and any other planning products stipulated in s. 339.175
  162  and provide the department and respective metropolitan planning
  163  organizations with written recommendations which the department
  164  and the metropolitan planning organizations shall take under
  165  advisement. Further, the regional planning councils shall
  166  directly assist local governments which are not part of a
  167  metropolitan area transportation planning process in the
  168  development of the transportation element of their comprehensive
  169  plans as required by s. 163.3177.
  170         (c) Regional transportation plans may be developed in
  171  regional transportation areas in accordance with an interlocal
  172  agreement entered into pursuant to s. 163.01 by two or more
  173  contiguous metropolitan planning organizations; one or more
  174  metropolitan planning organizations and one or more contiguous
  175  counties, none of which is a member of a metropolitan planning
  176  organization; a multicounty regional transportation authority
  177  created by or pursuant to law; two or more contiguous counties
  178  that are not members of a metropolitan planning organization; or
  179  metropolitan planning organizations comprised of three or more
  180  counties.
  181         (d) The interlocal agreement must, at a minimum, identify
  182  the entity that will coordinate the development of the regional
  183  transportation plan; delineate the boundaries of the regional
  184  transportation area; provide the duration of the agreement and
  185  specify how the agreement may be terminated, modified, or
  186  rescinded; describe the process by which the regional
  187  transportation plan will be developed; and provide how members
  188  of the entity will resolve disagreements regarding
  189  interpretation of the interlocal agreement or disputes relating
  190  to the development or content of the regional transportation
  191  plan. Such interlocal agreement shall become effective upon its
  192  recordation in the official public records of each county in the
  193  regional transportation area.
  194         (e) The regional transportation plan developed pursuant to
  195  this section must, at a minimum, identify regionally significant
  196  transportation facilities located within a regional
  197  transportation area and contain a prioritized list of regionally
  198  significant projects. The level-of-service standards for
  199  facilities to be funded under this subsection shall be adopted
  200  by the appropriate local government in accordance with s.
  201  163.3180(10). The projects shall be adopted into the capital
  202  improvements schedule of the local government comprehensive plan
  203  pursuant to s. 163.3177(3).
  204         (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN
  205  TRANSPORTATION PLANNING.—
  206         (a) During the development of the long-range component of
  207  the Florida Transportation Plan and prior to substantive
  208  revisions, the department shall provide citizens, affected
  209  public agencies, representatives of transportation agency
  210  employees, other affected employee representatives, private
  211  providers of transportation, and other known interested parties
  212  with an opportunity to comment on the proposed plan or
  213  revisions. These opportunities shall include, at a minimum,
  214  publishing a notice in the Florida Administrative Weekly and
  215  within a newspaper of general circulation within the area of
  216  each department district office.
  217         (b) During development of major transportation
  218  improvements, such as those increasing the capacity of a
  219  facility through the addition of new lanes or providing new
  220  access to a limited or controlled access facility or
  221  construction of a facility in a new location, the department
  222  shall hold one or more hearings prior to the selection of the
  223  facility to be provided; prior to the selection of the site or
  224  corridor of the proposed facility; and prior to the selection of
  225  and commitment to a specific design proposal for the proposed
  226  facility. Such public hearings shall be conducted so as to
  227  provide an opportunity for effective participation by interested
  228  persons in the process of transportation planning and site and
  229  route selection and in the specific location and design of
  230  transportation facilities. The various factors involved in the
  231  decision or decisions and any alternative proposals shall be
  232  clearly presented so that the persons attending the hearing may
  233  present their views relating to the decision or decisions which
  234  will be made.
  235         (c) Opportunity for design hearings:
  236         1. The department, prior to holding a design hearing, shall
  237  duly notify all affected property owners of record, as recorded
  238  in the property appraiser’s office, by mail at least 20 days
  239  prior to the date set for the hearing. The affected property
  240  owners shall be:
  241         a. Those whose property lies in whole or in part within 300
  242  feet on either side of the centerline of the proposed facility.
  243         b. Those whom the department determines will be
  244  substantially affected environmentally, economically, socially,
  245  or safetywise.
  246         2. For each subsequent hearing, the department shall
  247  publish notice prior to the hearing date in a newspaper of
  248  general circulation for the area affected. These notices must be
  249  published twice, with the first notice appearing at least 15
  250  days, but no later than 30 days, before the hearing.
  251         3. A copy of the notice of opportunity for the hearing must
  252  be furnished to the United States Department of Transportation
  253  and to the appropriate departments of the state government at
  254  the time of publication.
  255         4. The opportunity for another hearing shall be afforded in
  256  any case when proposed locations or designs are so changed from
  257  those presented in the notices specified above or at a hearing
  258  as to have a substantially different social, economic, or
  259  environmental effect.
  260         5. The opportunity for a hearing shall be afforded in each
  261  case in which the department is in doubt as to whether a hearing
  262  is required.
  263         Section 3. Paragraph (b) of subsection (1) of section
  264  338.223, Florida Statutes, is amended to read:
  265         338.223 Proposed turnpike projects.—
  266         (1)
  267         (b) Any proposed turnpike project or improvement shall be
  268  developed in accordance with the Florida Transportation Plan and
  269  the work program pursuant to s. 339.135. Turnpike projects that
  270  add capacity, alter access, affect feeder roads, or affect the
  271  operation of the local transportation system shall be included
  272  in the transportation improvement plan of the affected
  273  metropolitan planning organization. If such turnpike project
  274  does not fall within the jurisdiction of a metropolitan planning
  275  organization, the department shall notify the affected county
  276  and provide for public hearings in accordance with s.
  277  339.155(5)(c) s. 339.155(6)(c).
  278         Section 4. Subsections (1) and (3) of section 339.2819,
  279  Florida Statutes, are amended to read:
  280         339.2819 Transportation Regional Incentive Program.—
  281         (1) There is created within the Department of
  282  Transportation a Transportation Regional Incentive Program for
  283  the purpose of providing funds to improve regionally significant
  284  transportation facilities in regional transportation areas
  285  created pursuant to s. 339.155(4) s. 339.155(5).
  286         (3) The department shall allocate funding available for the
  287  Transportation Regional Incentive Program to the districts based
  288  on a factor derived from equal parts of population and motor
  289  fuel collections for eligible counties in regional
  290  transportation areas created pursuant to s. 339.155(4) s.
  291  339.155(5).
  292         Section 5. Subsection (6) of section 339.285, Florida
  293  Statutes, is amended to read:
  294         339.285 Enhanced Bridge Program for Sustainable
  295  Transportation.—
  296         (6) Preference shall be given to bridge projects located on
  297  corridors that connect to the Strategic Intermodal System,
  298  created under s. 339.64, and that have been identified as
  299  regionally significant in accordance with s. 339.155(4)(c), (d),
  300  and (e) s. 339.155(5)(c), (d), and (e).
  301         Section 6. This act shall take effect July 1, 2010.

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