HB 7049 — Transportation

to be involved in prioritization of transportation facilities and to timely amend certain plans and programs;

requiringrevising therepresentation Departmentrequired ofon Transportationa tocitizens' conveneadvisory M.P.O.'scommittee; of similar size to exchange best practices;

requiring certain M.P.O.'s to submit a feasibility report to the Governor and Legislature regarding consolidation;

specifying goals thereof;

requiring the department to convene M.P.O.'s of similar size to exchange best practices;

governing board members to be provided by thePage department2of or60 anotherCODING: specified entity;

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 the department and another specified entity;

requiring certain M.P.O.'s towithin submitthe asame feasibilityurbanized reportarea to thedevelop Governora regional long-range transportation plan and Legislaturepool regardingresources consolidation;for certain projects;

specifying goals thereof;

revising proposed transportation enhancement activities that must be Pageindicated 1ofby 20the CODING:long-range transportation plan;

providing M.P.O.

and department responsibilities regarding transportation improvement programs;

removing provisions authorizing the department and an M.P.O.

to vary the submittal date of a list of project priorities to the department district;

revising selection criteria upon which the list of project priorities must be based;

requiring projects in the transportation improvement program to be consistent with the Strategic Intermodal System plan;

requiring reprogramming of funds for certain projects within the list of project priorities;

authorizing each M.P.O.

to execute a written agreement with the department regarding state and federal transportation planning requirements;

requiring the department and M.P.O.'s to establish certain quality performance metrics and Page 3of 60 CODING:

hb7049-00hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB7049CS/HB7049 2024 indicateddevelop bycertain theperformance long-rangetargets; transportation plan;

requiring the department to reviewevaluate certain aspects of each M.P.O.'s long-range transportation plan and topost returnon suchits planwebsite towhether theeach M.P.O.

forhas revisionmade ifsignificant deemedprogress unsatisfactory;toward such targets;

requiringremoving theprovisions departmentrelating to createthe aMetropolitan qualityPlanning performanceOrganization scoringAdvisory mechanismCouncil; to evaluate each M.P.O.'s service to its communities and to establish a minimum acceptable quality performance score;

requiringamending eachss. M.P.O.

to28.37, report142.01, its316.1951, quality316.306, performance316.622, score318.121, annually318.21, to322.27, the331.3051, district331.310, secretary and to395.4036, publishF.S.; the score on its website;

requiringconforming thecross-references departmentand provisions to validatechanges eachmade M.P.O.'sby scorethe calculation;act;

requiring an M.P.O.

that does not achieve the minimum acceptable quality performance score within a certain timeframe to be placed under the control of the Secretary of Transportation;

requiring the secretary to appoint the district secretary or another person to assume the role of executive director of such M.P.O.;

providing responsibilities;

providing an appropriation from the State Transportation Trust Fund for the M.P.O.

with the highest quality performance score;

providing requirements for the expenditure of such funds;

requiring such M.P.O.

to represent the state in any federal conference or membership organization;

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hb7049-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB7049 2024 removing provisions relating to the Metropolitan Planning Organization Advisory Council;

amending s.

331.3051, F.S.;

conforming provisions to changes made by the act;

amending s.

331.310, F.S.;

conforming a cross-reference;

91 Be It Enacted by the Legislature of the State of Florida:

93 Section 1.

SubsectionSubsections (3)(2) through (6) of section 334.065,20.23, Florida Statutes, are renumbered as subsections (3) through (7), respectively, paragraph (b) of present subsection (2) is amendedamended, and a new subsection (2) is added to that section, to read:

20.23 Department of Transportation.—There is created a Department of Transportation which shall be a decentralized agency.

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 (2) The secretary shall establish annual performance and production measures, establish a minimum standard for such measures, and publish a report on actual performance.

Such measures shall be developed by a working group comprised of transportation industry leaders and stakeholders, including, but not limited to, Florida Transportation Commission members, members of academia, department staff, and representatives of the agencies and authorities listed in subparagraph (3)(b)2.

Such measures, at a minimum, must include the following:

(a) Safety of the current transportation system in this state.

(b) Contracts for construction and professional services procured on time and delivered on time and within budget.

(c) Preservation of the State Highway System.

(d) Financial management.

(e) Effectiveness of other federally and state mandated programs.

(3)(2) (b) The Florida Transportation Commission shall:

1.

Recommend major transportation policies for the Governor's approval and assure that approved policies and any revisions are properly executed.

2.

Periodically review the status of the state transportation system, including highway, transit, rail, seaport, intermodal development, and aviation components of the Page 5of 60 CODING:

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 system, and recommend improvements to the Governor, and the Legislature, and applicable governing boards.

3.

Perform an in-depth evaluation of the annual department budget request, the Florida Transportation Plan, and the tentative work program for compliance with all applicable laws and established departmental policies.

Except as specifically provided in s.

339.135(4)(c)2., (d), and (f), the commission may not consider individual construction projects but shall consider methods of accomplishing the goals of the department in the most effective, efficient, and businesslike manner.

4.

Monitor the financial status of the department on a regular basis to assure that the department is managing revenue and bond proceeds responsibly and in accordance with law and established policy.

5.

Monitor on at least a quarterly basis the efficiency, productivity, and management of the department using performance and production standards developed by the commission pursuant to s.

334.045.

6.

Perform an in-depth evaluation of the factors causing disruption of project schedules in the adopted work program and recommend to the Governor and the Legislature methods to eliminate or reduce the disruptive effects of these factors.

7.

Recommend to the Governor and the Legislature improvements to the department's organization in order to streamline and optimize the efficiency of the department.

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 reviewing the department's organization, the commission shall determine if the current district organizational structure is responsive to this state's changing economic and demographic development patterns.

The report by the commission must be delivered to the Governor and the Legislature by December 15 each year, as appropriate.

The commission may retain experts as necessary to carry out this subparagraph, and the department shall pay the expenses of the experts.

8.

Monitor the efficiency, productivity, and management of the agencies and authorities created under chapters 348 and 349;

the Mid-Bay Bridge Authority re-created pursuant to chapter 2000-411, Laws of Florida;

and any authority formed under chapter 343;

any public transit provider as defined in s.

341.031(1);

and any community transportation coordinator as defined in s.

427.011(5).

Any performance and production measures used by the commission shall be developed by the working group described in subsection (2).

The commission shall also conduct periodic reviews of each agency's and authority's operations and budget, acquisition of property, management of revenue and bond proceeds, and compliance with applicable laws and generally accepted accounting principles.

For agencies and authorities that do not achieve the minimum acceptable performance standards, the commission shall make recommendations to the Governor, the President of the Senate, the Speaker of the House of Representatives, the department, and the applicable Page 7of 60 CODING:

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 governing board regarding any leadership, process, management, or legislative changes needed to improve performance.

Section 2.

Paragraphs (j) and (m) of subsection (2) of section 110.205, Florida Statutes, are amended to read:

110.205 Career service;

exemptions.— (2) EXEMPT POSITIONS.—The exempt positions that are not covered by this part include the following:

(j) The appointed secretaries and the State Surgeon General, assistant secretaries, deputy secretaries, and deputy assistant secretaries of all departments;

the executive directors, assistant executive directors, deputy executive directors, and deputy assistant executive directors of all departments;

the directors of all divisions and those positions determined by the department to have managerial responsibilities comparable to such positions, which positions include, but are not limited to, program directors, assistant program directors, district administrators, deputy district administrators, the Director of Central Operations Services of the Department of Children and Families, the State Transportation Development Administrator, the State Public Transportation and Modal Administrator, district secretaries, district directors of transportation development, transportation operations, transportation support, and the managers of the offices of the Department of Transportation specified in s.

20.23(4)(b) s.

20.23(3)(b).

Unless otherwise fixed by law, the department shall Page 8of 60 CODING:

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 set the salary and benefits of these positions and the positions of county health department directors and county health department administrators of the Department of Health in accordance with the rules of the Senior Management Service.

(m) All assistant division director, deputy division director, and bureau chief positions in any department, and those positions determined by the department to have managerial responsibilities comparable to such positions, which include, but are not limited to:

1.

Positions in the Department of Health and the Department of Children and Families which are assigned primary duties of serving as the superintendent or assistant superintendent of an institution.

2.

Positions in the Department of Corrections which are assigned primary duties of serving as the warden, assistant warden, colonel, or major of an institution or that are assigned primary duties of serving as the circuit administrator or deputy circuit administrator.

3.

Positions in the Department of Transportation which are assigned primary duties of serving as regional toll managers and managers of offices, as specified in s.

20.23(4)(b) and (5)(c) s.

20.23(3)(b) and (4)(c).

4.

Positions in the Department of Environmental Protection which are assigned the duty of an Environmental Administrator or program administrator.

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 5.

Positions in the Department of Health which are assigned the duties of Environmental Administrator, Assistant County Health Department Director, and County Health Department Financial Administrator.

6.

Positions in the Department of Highway Safety and Motor Vehicles which are assigned primary duties of serving as captains in the Florida Highway Patrol.

Unless otherwise fixed by law, the department shall set the salary and benefits of the positions listed in this paragraph in accordance with the rules established for the Selected Exempt Service.

Section 3.

Section 316.1575, Florida Statutes, is amended to read:

316.1575 Obedience to traffic control devices at railroad- highway grade crossings.— (1) A Any person walking or driving a vehicle and approaching a railroad-highway grade crossing under any of the circumstances stated in this section must shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and may shall not proceed until the railroad tracks are clear and he or she can do so safely.

This subsection applies The foregoing requirements apply when:

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 (a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or railroad track equipment;

(b) A crossing gate is lowered or a law enforcement officer or a human flagger gives or continues to give a signal of the approach or passage of a railroad train or railroad track equipment;

(c) An approaching railroad train or railroad track equipment emits an audible signal or the railroad train or railroad track equipment, by reason of its speed or nearness to the crossing, is an immediate hazard;

or (d) An approaching railroad train or railroad track equipment is plainly visible and is in hazardous proximity to the railroad-highway grade crossing, regardless of the type of traffic control devices installed at the crossing.

(2) A No person may not shall drive a any vehicle through, around, or under any crossing gate or barrier at a railroad- highway grade crossing while the gate or barrier is closed or is being opened or closed.

(3) A person who violates violation of this section commits is a noncriminal traffic infraction, punishable pursuant to chapter 318 as:

(a) either A pedestrian violation;

or, (b) If the infraction resulted from the operation of a vehicle, as a moving violation.

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 1.

For a first violation, the person shall pay a fine of $500 and have 6 points assessed against his or her driver license pursuant to s.

322.27(3)(d)7.

2.

For a second or subsequent violation, the person shall pay a fine of $1,000 and have 6 points assessed against his or her driver license pursuant to s.

322.27(3)(d)7.

Section 4.

Section 316.1576, Florida Statutes, is amended to read:

316.1576 Insufficient clearance at a railroad-highway grade crossing.— (1) A person may not drive a any vehicle through a railroad-highway grade crossing that does not have sufficient space to drive completely through the crossing without stopping or without obstructing the passage of other vehicles, pedestrians, railroad trains, or other railroad equipment, notwithstanding any traffic control signal indication to proceed.

(2) A person may not drive a any vehicle through a railroad-highway grade crossing that does not have sufficient undercarriage clearance to drive completely through the crossing without stopping or without obstructing the passage of a railroad train or other railroad equipment.

(3) A person who violates violation of this section commits is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 (a) For a first violation, the person shall pay a fine of $500 and have 6 points assessed against his or her driver license pursuant to s.

322.27(3)(d)7.

(b) For a second or subsequent violation, the person shall pay a fine of $1,000, shall have 6 points assessed against his or her driver license pursuant to s.

322.27(3)(d)7., and, notwithstanding s.

322.27(3)(a), (b), and (c), shall have his or her driving privilege suspended for not more than 6 months.

Section 5.

Subsections (8) and (9) are added to section 316.20655, Florida Statutes, to read:

316.20655 Electric bicycle regulations.— (8) A local government may adopt an ordinance providing one or more minimum age requirements for the operation of electric bicycles and may adopt an ordinance requiring an operator of an electric bicycle to possess a government-issued photographic identification.

(9) A local government may provide training on safe operation of electric bicycles and compliance with the traffic laws of this state which are applicable to electric bicycles.

Section 6.

Subsections (7) and (8) are added to section 316.2128, Florida Statutes, to read:

316.2128 Micromobility devices, motorized scooters, and miniature motorcycles;

requirements.— (7) A local government may adopt an ordinance providing one or more minimum age requirements for the operation of Page 13 of60 CODING:

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 motorized scooters or micromobility devices and may adopt an ordinance requiring an operator of a motorized scooter or micromobility device to possess a government-issued photographic identification.

(8) A local government may provide training on safe operation of motorized scooters or micromobility devices and compliance with the traffic laws of this state which are applicable to motorized scooters or micromobility devices.

Section 7.

Subsections (10) through (23) of section 318.18, Florida Statutes, are renumbered as subsections (11) through (24), respectively, subsection (9) is amended, and a new subsection (10) is added to that section, to read:

318.18 Amount of penalties.—The penalties required for a noncriminal disposition pursuant to s.

318.14 or a criminal offense listed in s.

318.17 are as follows:

(9) Five One hundred dollars for a first violation and $1,000 for a second or subsequent violation of s.

316.1575.

(10) Five hundred dollars for a first violation and $1,000 for a second or subsequent violation of s.

316.1576.

In addition to this penalty, for a second or subsequent violation, the department shall suspend the driver license of the person for not more than 6 months.

Section 8.

Subsection (26) of section 334.044, Florida Statutes, is amended to read:

334.044 Powers and duties of the department.—The Page 14 of60 CODING:

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 department shall have the following general powers and duties:

(26)(a) To provide for the enhancement of environmental benefits, including air and water quality;

to prevent roadside erosion;

to conserve the natural roadside growth and scenery;

and to provide for the implementation and maintenance of roadside conservation, enhancement, and stabilization programs.

At least 1.5 percent of the amount contracted for construction projects shall be allocated by the department on a statewide basis for the purchase of plant materials.

Department districts may not expend funds for landscaping in connection with any project that is limited to resurfacing existing lanes unless the expenditure has been approved by the department's secretary or the secretary's designee.

To the greatest extent practical, at least 50 percent of the funds allocated under this paragraph subsection shall be allocated for large plant materials and the remaining funds for other plant materials.

Except as prohibited by applicable federal law or regulation, all plant materials shall be purchased from Florida commercial nursery stock in this state on a uniform competitive bid basis.

The department shall develop grades and standards for landscaping materials purchased through this process.

To accomplish these activities, the department may contract with nonprofit organizations having the primary purpose of developing youth employment opportunities.

(b) In order to increase cost predictability and programming needs, a project with a total contracted Page 15 of60 CODING:

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 construction cost greater than $500 million shall have 0.5 percent of the total construction cost expended in the fiscal year the project is planned for construction, and the remaining 1 percent may be planned and expended over 4 fiscal years.

Section 9.

Subsection (4) of section 334.065, Florida Statutes, is renumbered as subsection (6), subsection (3) is amended, and new subsections (4) and (5) are added to that section, to read:

The membership of the board shall consist of nine experts in transportation-related areas, including electrical engineering, enterprise and infrastructure information technology, design architecture drafting, and workforce development, as follows:

Page(c) 3ofThe 20Secretary CODING:of Transportation or his or her designee.

(d) The Secretary of Commerce or his or her designee.

the secretaries of the Department of Transportation, the Department Page 16 of60 CODING:

hb7049-00hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB7049CS/HB7049 2024 (c)of TheEnvironmental SecretaryProtection, and the Department of TransportationEconomic Opportunity, or histheir ordesignees, herand designee.(e) A member of the Florida Transportation Commission.

(d)(f) The Secretarynomination of Commercethe orremaining hisfour ormembers herof designee.the board shall be made to the President of the University of South Florida by the College of Engineering at the University of South Florida, and the appointment of these members must be reviewed and approved by the Florida Transportation Commission and confirmed by the Board of Governors.

including(4) theBy secretariesJanuary of1, 2025, the Departmentcenter ofmust Transportation,deliver a report to the Departmentdepartment ofon Environmentalmodel Protection,policies and theprocedures Departmentor ofbest Economicpractices Opportunity,for orparatransit theirproviders designees,to andcomplete (e)trips Awithin memberan ofacceptable thetime Floridaafter Transportationpickup. Commission.

(f)(5) TheBy nominationDecember of1, 2025, the remainingcenter fourmust membersdeliver ofto the boardGovernor, shall be made to the President of the UniversitySenate, of South Florida by the CollegeSpeaker of Engineering at the UniversityHouse of SouthRepresentatives, Florida., and Thethe appointmentdepartment ofa thesereport membersexamining mustalternate berevenue reviewedsources andfor approved by the FloridaState Transportation CommissionTrust andFund. confirmed by the Board of Governors.

Section 2.10.

ParagraphSubsection (d) of subsection (3) of section 334.066, Florida Statutes, is amendedamended, and subsections (4) and (5) are added to that section, to read:

The boardPage shall17 consistof60 ofCODING: nine members with expertise in transportation-related areas, as follows:

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 board shall consist of nine members with expertise in transportation-related areas, including electrical engineering, enterprise and infrastructure information technology, design architecture drafting, and workforce development, as follows:

(a) A member appointed by the President of the Senate.

(b) A member appointed by the Speaker of the House of Representatives.

(c) The Secretary of Transportation or his or her designee.

Section(e) 3.A member of the Florida Transportation Commission.

Subsection(f) (10)Four ofmembers sectionnominated 339.175,by Floridathe Statutes,University isof renumberedFlorida's asCollege subsectionof (11),Engineering subsectionand (1),approved Pageby 4ofthe 20university's CODING:president.

The College of Engineering's nominees may include representatives of the University of Florida, other academic and research institutions, or private entities.

(4) By January 1, 2025, I-STREET must deliver a comprehensive report on technology and training improvements to better support persons with disabilities using paratransit services, including services administered by the federal, state, or local government, to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the department.

The report must, at a minimum, include recommendations on technology improvements for paratransit Page 18 of60 CODING:

hb7049-00hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB7049CS/HB7049 2024 paragraphproviders (a)serving ofpersons subsectionwith (2),disabilities, paragraphsincluding (b),through (j),local, andstate, (i) of subsection (6), subsection (7), and presentfederal subsectionfunding (11)sources. are amended, and a new subsection (10) is added to that section, to read:

339.175At Metropolitana planningminimum, organization.— (1) PURPOSE.—It is the intentreport ofshall theinclude Legislaturea toreview encourage and promote the safe and efficient management, operation, and development of multimodal surface transportation systems that will serve the mobility needs of people and freightrecommendations andon: foster economic growth and development within and through urbanized areas of this state while balancing conservation of natural resources minimizing transportation-related fuel consumption, air pollution, and greenhouse gas emissions through metropolitan transportation planning processes identified in this section.

(a) Technology systems to ensure the safety of individuals, including the use of in-cabin camera systems and other technologies to monitor the safety and well-being of individuals using fixed routes.

(b) Best practices for data retention, including protection of personally identifiable information, length of retention, and location of retained files.

(c) State-of-the-industry on hardware and software, including camera providers, product specifications, and human- machine interfaces.

(d) Safety standards of professional engineering organizations on camera-mounting best practices.

(e) Costs of installation and maintenance of camera systems to paratransit providers.

(f) The use of Internet, mobile, and application-based interfaces to book, monitor, and seek transportation services.

The review must also consider accessibility needs.

(5) By December 1, 2025, I-STREET must deliver to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the department a report examining methods of taxation or usage fees for residential charging of electric vehicles.

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 Section 11.

Paragraph (c) of subsection (4) of section 339.135, Florida Statutes, is amended to read:

339.135 Work program;

legislative budget request;

definitions;

preparation, adoption, execution, and amendment.— (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.— (c)1.

For purposes of this section, the board of county commissioners shall serve as the metropolitan planning organization in those counties which are not located in a metropolitan planning organization and shall be involved in the development of the district work program to the same extent as a metropolitan planning organization.

2.

The district work program shall be developed cooperatively from the outset with the various metropolitan planning organizations of the state and include, to the maximum extent feasible, the project priorities of metropolitan planning organizations which have been submitted to the district by August 1 of each year pursuant to s.

339.175(8)(b);

however, the department and a metropolitan planning organization may, in writing, cooperatively agree to vary this submittal date.

To assist the metropolitan planning organizations in developing their lists of project priorities, the district shall disclose to each metropolitan planning organization any anticipated changes in the allocation or programming of state and federal funds which may affect the inclusion of metropolitan planning organization project priorities in the district work program.

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 3.

Before submittal of the district work program to the central office, the district shall provide the affected metropolitan planning organization with written justification for any project proposed to be rescheduled or deleted from the district work program which project is part of the metropolitan planning organization's transportation improvement program and is contained in the last 4 years of the previous adopted work program.

By no later than 14 days after submittal of the district work program to the central office, the affected metropolitan planning organization may file an objection to such rescheduling or deletion.

When an objection is filed with the secretary, the rescheduling or deletion may not be included in the district work program unless the inclusion of such rescheduling or deletion is specifically approved by the secretary.

The Florida Transportation Commission shall include such objections in its evaluation of the tentative work program only when the secretary has approved the rescheduling or deletion.

Section 12.

Subsection (10) of section 339.175, Florida Statutes, is renumbered as subsection (11), subsection (1), paragraph (a) of subsection (3), subsections (6), (7), and (8), and present subsection (11) are amended, and a new subsection (10) is added to that section, to read:

339.175 Metropolitan planning organization.— (1) PURPOSE.—It is the intent of the Legislature to Page 21 of60 CODING:

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 encourage and promote the safe and efficient management, operation, and development of multimodal surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and through urbanized areas of this state while balancing conservation of natural resources minimizing transportation-related fuel consumption, air pollution, and greenhouse gas emissions through metropolitan transportation planning processes identified in this section.

The process for developing such plans and Pageprograms 5ofshall 20provide CODING:for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive, to the degree appropriate, based on the complexity of the transportation problems to be addressed.

To ensure that the process is integrated with the statewide planning process, M.P.O.'s shall develop plans and programs that Page 22 of60 CODING:

hb7049-00hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB7049CS/HB7049 2024 programsidentify shalltransportation providefacilities forthat considerationshould offunction allas modesan ofintegrated metropolitan transportation andsystem, shallgiving beemphasis continuing, cooperative, and comprehensive, to thefacilities degreethat appropriate,serve basedimportant onnational, thestate, complexityand ofregional the transportation problemsfunctions. to be addressed.

To ensure that the process is integrated with the statewide planning process, M.P.O.'s shall develop plans and programs that identify transportation facilities that should function as an integrated metropolitan transportation system, giving emphasis to facilities that serve important national, state, and regional transportation functions.

(2)(3) DESIGNATION.—VOTING (a)1.MEMBERSHIP.— (a) The voting membership of an M.P.O.

Anshall M.P.O.consist of at least 5 but not more than 25 apportioned members, with the exact number determined on an equitable geographic-population ratio basis, based on an agreement among the affected units of general-purpose local government and the Governor, as required by federal regulations.

shallWhen betwo designatedor formore eachM.P.O.'s urbanizedmerge areato form a regional M.P.O., the voting membership of the state;resulting regional M.P.O.

however,may thisconsist doesof notup requireto that35 anapportioned individualmembers M.P.O.for equitable geographic-population representation, subject to review by the Department of Transportation and approval by the Governor.

beIn designatedaccordance forwith each23 suchU.S.C. area.

Suchs. designation shall be accomplished by agreement between the Governor and units of general-purpose local government representing at least 75 percent of the population of the urbanized area;

however,134, the unitGovernor ofmay general-purposealso localallow government that represents the central city or cities within the M.P.O.

jurisdiction,members aswho definedrepresent bymunicipalities theto Unitedalternate Stateswith Bureaurepresentatives offrom other municipalities within the Census,metropolitan mustplanning bearea awhich partydo tonot suchhave agreement.members on the M.P.O.

2.With the exception of instances in which all of the county commissioners in a single-county M.P.O.

Toare themembers extentof possible,the only one M.P.O.

governing board, county commissioners shall becompose Page 6of23 20of60 CODING:

hb7049-00hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB7049CS/HB7049 2024 designatedat forleast eachone-third urbanized area or group of contiguousthe urbanizedM.P.O. areas.

Moregoverning thanboard onemembership. M.P.O.

mayA bemulticounty designated within an existing urbanized area only if the Governor and the existing M.P.O.

determinemay thatsatisfy thethis sizerequirement andby complexityany combination of thecounty existingcommissioners urbanizedfrom areaeach makesof the designationcounties ofconstituting morethe than one M.P.O.

forVoting themembers areashall appropriate.be elected officials of general-purpose local governments, one of whom may represent a group of general-purpose local governments through an entity created by an M.P.O.

Afterfor Julythat 1,purpose. 2024, no additional M.P.O.'s shall be designated in the state except in urbanized areas, as defined by the United States Bureau of the Census, where the urbanized area boundary is not contiguous to an urbanized area designated before the 2020 census, in which case each M.P.O.

designatedAn forM.P.O. the area must:

a.may include, as part of its apportioned voting members, a member of a statutorily authorized planning board, an official of an agency that operates or administers a major mode of transportation, or an official of Space Florida.

ConsultAs withused everyin otherthis M.P.O.section, the term "elected officials of a general-purpose local government" excludes constitutional officers, including sheriffs, tax collectors, supervisors of elections, property appraisers, clerks of the court, and similar types of officials.

designatedCounty forcommissioners theshall urbanizedcompose areanot andless thethan state20 topercent coordinateof plansthe andM.P.O. transportation improvement programs.

b.membership if an official of an agency that operates or administers a major mode of transportation has been appointed to an M.P.O.

Ensure, to the maximum extent practicable, the consistency of data used in the planning process, including data used in forecasting travel demand within the urbanized area.

Each M.P.O.

required under this section must be fully operative no later than 6 months following its designation.

shall perform all acts required by federal or state laws or rules, now and subsequently Pageapplicable, 7ofwhich 20are CODING:necessary to qualify for federal aid.

It Page 24 of60 CODING:

hb7049-00hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB7049CS/HB7049 2024 applicable,is whichthe areintent necessaryof tothis qualifysection forthat federaleach aid.M.P.O.

Itbe isinvolved in the intentplanning and prioritization programming of thistransportation sectionfacilities, thatincluding, eachbut M.P.O.not limited to, airports, intercity and high-speed rail lines, seaports, and intermodal facilities, to the extent permitted by state or federal law.

be involved in the planning and programming of transportation facilities, including, but not limited to, airports, intercity and high- speed rail lines, seaports, and intermodal facilities, to the extent permitted by state or federal law.

(a) Each M.P.O.

shall, in cooperation with the department, develop and timely amend:

1.

A long-range transportation plan pursuant to the requirements of subsection (7).

2.

An annually updated transportation improvement program pursuant to the requirements of subsection (8).

3.

An annual unified planning work program pursuant to the requirements of subsection (9).

Increase the accessibility and mobility options availablePage to25 peopleof60 andCODING: for freight.

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 available to people and for freight.

Page6. 8of 20 CODING:

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hb7049-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB7049 2024 6.

Reduce traffic and congestion.congestion where feasible.

(c) In order to provide recommendations to the department and local governmental entities regarding transportation plans and programs, each M.P.O.

shall:

1.

Prepare a congestion management system for the contiguous urbanized metropolitan area and cooperate with the department in the development of all other transportation management systems required by state or federal law.

2.

Assist the department in mapping transportation planning boundaries required by state or federal law.

3.

Assist the department in performing its duties relating to access management, functional classification of roads, and data collection.

Page 26 of60 CODING:

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 4.

Execute all agreements or certifications necessary to comply with applicable state or federal law.

5.

Represent all the jurisdictional areas within the metropolitan area in the formulation of transportation plans and programs required by this section.

6.

Perform all other duties required by state or federal law.

(d) Each M.P.O.

shall appoint a technical advisory committee, the members of which shall serve at the pleasure of the M.P.O.

The membership of the technical advisory committee must include, whenever possible, planners;

engineers;

representatives of local aviation authorities, intermodal logistics centers, port authorities, and public transit authorities or representatives of aviation departments, seaport departments, and public transit departments of municipal or county governments, as applicable;

the school superintendent of each county within the jurisdiction of the M.P.O.

or the superintendent's designee;

and other appropriate representatives of affected local governments.

For each M.P.O.

the voting membership of which is governed by paragraph (3)(a), when selecting the membership of the technical advisory committee, the M.P.O.

must consider the proportional representation of the area's population.

In addition to any other duties assigned to it by the M.P.O.

or by state or federal law, the technical advisory committee is responsible for considering safe access to Page 27 of60 CODING:

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 schools in its review of transportation project priorities, long-range transportation plans, and transportation improvement programs, and shall advise the M.P.O.

on such matters.

In addition, the technical advisory committee shall coordinate its actions with local school boards and other local programs and organizations within the metropolitan area which participate in school safety activities, such as locally established community traffic safety teams.

Local school boards must provide the appropriate M.P.O.

with information concerning future school sites and in the coordination of transportation service.

(e)1.

Each M.P.O.

shall appoint a citizens' advisory committee, the members of which serve at the pleasure of the M.P.O.

The membership on the citizens' advisory committee must reflect a broad cross-section of local residents with an interest in the development of an efficient, safe, and cost- effective transportation system.

Minorities, the elderly, and the handicapped must be adequately represented.

2.

Notwithstanding subparagraph 1., an M.P.O.

may, with the approval of the department and the applicable federal governmental agency, adopt an alternative program or mechanism to ensure citizen involvement in the transportation planning process.

(f) The department shall allocate to each M.P.O., for the purpose of accomplishing its transportation planning and programming duties, an appropriate amount of federal Page 28 of60 CODING:

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 transportation planning funds.

(g) Each M.P.O.

shall have an executive or staff director who reports directly to the M.P.O.

governing board for all matters regarding the administration and operation of the M.P.O.

and any additional personnel as deemed necessary.

The executive director and any additional personnel may be employed either by an M.P.O.

or by another governmental entity, such as a county, city, or regional planning council, that has a staff services agreement signed and in effect with the M.P.O.

Each M.P.O.

may enter into contracts with local or state agencies, private planning firms, private engineering firms, or other public or private entities to accomplish its transportation planning and programming duties and administrative functions.

(h) In order to enhance their knowledge, effectiveness, and participation in the urbanized area transportation planning process, each M.P.O.

shall provide training opportunities and training funds specifically for local elected officials and others who serve on an M.P.O.

The training opportunities may be conducted by an individual M.P.O.

or through statewide and federal training programs and initiatives that are specifically designed to meet the needs of M.P.O.

board members.

(i) By February 28, 2025 December 31, 2023, the M.P.O.'s serving Lee and Collier Hillsborough, Pasco, and Pinellas Counties must submit a feasibility report to the Governor, the President of the Senate, and the Speaker of the House of Page 29 of60 CODING:

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 Representatives exploring the benefits, costs, and process of consolidation into a single M.P.O.

serving the contiguous urbanized area, the goal of which would be to:

1.

Coordinate transportation projects deemed to be regionally significant.

2.

Review the impact of regionally significant land use decisions on the region.

3.

Review all proposed regionally significant transportation projects in the respective transportation improvement programs.

AtTraining the discretion of the department, training for new M.P.O.

governing board members shall be provided by the department,department and by aneither entity pursuant to a contract with the department, by the Florida Center for Urban Transportation Research,Research or by the Implementing Solutions from Transportation Research and Evaluating Emerging Technologies (I-(I-STREET) STREET) Living Lab coordination mechanisms with one another to expand and improve transportation within the state.

Consequently, it is appropriate to set forth a flexible methodologyPage that30 canof60 beCODING: used by M.P.O.'s to coordinate with other M.P.O.'s and appropriate political subdivisions as circumstances demand.

Page 9of 20 CODING:

hb7049-00hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB7049CS/HB7049 2024 2.methodology that can be used by M.P.O.'s to coordinate with other M.P.O.'s and appropriate political subdivisions as circumstances demand.

2.

provides the manner in which funds may be paid to and disbursed from the entity;Page 31 of60 CODING:

and provides how members of the entity will resolve disagreements regarding interpretation of the interlocal agreement or disputes relating to the operation of the entity.

Page 10 of20 CODING:

hb7049-00hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB7049CS/HB7049 2024 Suchentity; interlocal agreement shall become effective upon its recordation in the official public records of each county in which a member of the entity created by the interlocal agreement has a voting member.

and provides how members of the entity will resolve disagreements regarding interpretation of the interlocal agreement or disputes relating to the operation of the entity.

Such interlocal agreement shall become effective upon its recordation in the official public records of each county in which a member of the entity created by the interlocal agreement has a voting member.

(i) By February 28, 2025 December 31, 2023, the M.P.O.'s serving Lee and Collier Hillsborough, Pasco, and Pinellas Counties must submit a feasibility report to the Governor, the President of the Senate, and the Speaker of the House of Representatives exploring the benefits, costs, and process of consolidation into a single M.P.O.

serving the contiguous urbanized area, the goal of which would be to:

1.

Coordinate transportation projects deemed to be regionally significant.

2.

Review the impact of regionally significant land use decisions on the region.

3.

Review all proposed regionally significant transportation projects in the respective transportation improvement programs.

preserving Pagethe 11existing of20transportation CODING:infrastructure;

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words underlined are additions.

hb7049-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB7049 2024 the existing transportation infrastructure;

M.P.O.'s within the same urbanized area shall develop a regional long-range Page 32 of60 CODING:

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hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 transportation plan and pool resources for regionally significant transportation infrastructure projects.

If a project is located within the boundaries of more than one M.P.O., the M.P.O.'s must coordinate plans regarding the project Pagein 12the of20long-range CODING:transportation plan.

Multiple M.P.O.'s within a contiguous urbanized area must coordinate the development of long-range transportation plans to be reviewed by the Metropolitan Planning Organization Advisory Council.

(b) Include a financial plan that demonstrates how the plan can be implemented, indicating resources from public and private sources which are reasonably expected to be available to carry out the plan, and recommends any additional financing Page 33 of60 CODING:

hb7049-00hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB7049CS/HB7049 2024 instrategies thefor long-rangeneeded transportationprojects plan.and programs.

Multiple M.P.O.'s within a contiguous urbanized area must coordinate the development of long-range transportation plans to be reviewed by the Metropolitan Planning Organization Advisory Council.

(b) Include a financial plan that demonstrates how the plan can be implemented, indicating resources from public and private sources which are reasonably expected to be available to carry out the plan, and recommends any additional financing strategies for needed projects and programs.

Ensure the preservation of the existing metropolitan Pagetransportation 13system of20including CODING:requirements for the operation, resurfacing, restoration, and rehabilitation of major roadways and requirements for the operation, maintenance, modernization, and rehabilitation of public transportation facilities;

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hb7049-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB7049 2024 transportation system including requirements for the operation, resurfacing, restoration, and rehabilitation of major roadways and requirements for the operation, maintenance, modernization, and rehabilitation of public transportation facilities;

Such efforts must include, but are not limited to, consideration of infrastructure andPage technological34 improvementsof60 necessaryCODING: to accommodate advances in vehicle technology, such as automated driving systems and other developments.

(d) Indicate, as appropriate, proposed transportation enhancement activities, including, but not limited to, pedestrian and bicycle facilities, trails or facilities that are regionally significant or critical linkages for the Florida Shared-Use Nonmotorized Trail Network, scenic easements, landscaping, integration of advanced air mobility, and integration of autonomous and electric vehicles, electric bicycles, and motorized scooters used for freight, commuter, or micromobility purposes historic preservation, mitigation of water pollution due to highway runoff, and control of outdoor advertising.

(e) In addition to the requirements of paragraphs (a)-(d), in metropolitan areas that are classified as nonattainment areas for ozone or carbon monoxide, the M.P.O.

must coordinate the Page 14 of20 CODING:

hb7049-00hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB7049CS/HB7049 2024 developmentand oftechnological theimprovements long-rangenecessary transportationto planaccommodate withadvances thein Statevehicle Implementationtechnology, Plansuch developedas pursuantautomated todriving thesystems requirementsand ofother thedevelopments. federal Clean Air Act.

(d) Indicate, as appropriate, proposed transportation enhancement activities, including, but not limited to, pedestrian and bicycle facilities, trails or facilities that are regionally significant or critical linkages for the Florida Shared-Use Nonmotorized Trail Network, scenic easements, landscaping, integration of advanced air mobility, and integration of autonomous, electric, and alternative-fuel vehicles, electric bicycles, and motorized scooters used for freight, commuter, or micromobility purposes historic preservation, mitigation of water pollution due to highway runoff, and control of outdoor advertising.

(e) In addition to the requirements of paragraphs (a)-(d), in metropolitan areas that are classified as nonattainment areas for ozone or carbon monoxide, the M.P.O.

must coordinate the development of the long-range transportation plan with the State Implementation Plan developed pursuant to the requirements of the federal Clean Air Act.

must provide the public, affected public agencies, representatives of transportation agency employees, freight shippers, providers of freight transportation services, private providersPage of35 transportation,of60 representativesCODING: of users of public transit, and other interested parties with a reasonable opportunity to comment on the long-range transportation plan.

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words underlined are additions.

hb7049-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB7049 2024 providers of transportation, representatives of users of public transit, and other interested parties with a reasonable opportunity to comment on the long-range transportation plan.

and(8) byTRANSPORTATION theIMPROVEMENT departmentPROGRAM.—Each asM.P.O. provided in subsection (10).

(10)shall, ACCOUNTABILITY.—in (a)cooperation Thewith departmentthe shallstate reviewand eachaffected M.P.O.'spublic long-range transportation planoperators, fordevelop productivea flowtransportation andimprovement connectivityprogram for peoplethe andarea freight within the M.P.O.'sjurisdiction metropolitanof area.the M.P.O.

IfIt is the departmentM.P.O.'s findsresponsibility, anin M.P.O.'scollaboration long-rangewith transportationthe plandepartment, to beidentify, unsatisfactoryprioritize, orand incongruentpresent withto the metropolitandepartment area,a thecomplete departmentlist shallof returnmultimodal transportation projects consistent with the planneeds toof the M.P.O.metropolitan planning area.

forIt revision.is the department's responsibility to program projects in the state transportation improvement program.

(b)In The department shall create quality performance metrics and a scoring mechanism by which to evaluate each M.P.O.'s service to its communities, taking into consideration traffic congestion, the utilizationdevelopment rate of multimodalthe transportation facilities,improvement residentprogram, satisfaction,each efficiencyM.P.O. of Page 15 of20 CODING:

must provide the public, affected public agencies, representatives of transportation agency employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transit, and other interested parties with a reasonable opportunity to comment on the proposed transportation improvement program.

(a) Each M.P.O.

is responsible for developing, annually, a list of project priorities and a transportation improvement program.