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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
A bill to be entitled 1
An act relating to transportation; amending s. 20.23, 2
F.S.; requiring the Secretary of Transportation to 3
establish certain annual performance and production 4
measures and publish a report; requiring such measures 5
to be developed by a working group comprised of 6
certain members; revising duties of the Florida 7
Transportation Commission; amending s. 110.205, F.S.; 8
conforming cross-references; amending s. 316.1575, 9
F.S.; revising provisions requiring a person 10
approaching a railroad -highway grade crossing to stop 11
within a certain distance from the nearest rail; 12
revising penalties; amending s. 316.1576, F.S.; 13
revising circumstances under which a person is 14
prohibited from driving a vehicle through a railroad -15
highway grade crossing; revising penalties; amending 16
s. 316.20655, F.S.; authorizing a local government to 17
adopt certain ordinances and provide certain training 18
relating to the operation of electric bicycles; 19
amending s. 316.2128, F.S.; authorizing a local 20
government to adopt certain ordinances and provide 21
certain training relating to the operation of 22
motorized scooters or micromobility devices; amending 23
s. 318.18, F.S.; revising and providing penalties for 24
certain violations; amending s. 334.044, F.S.; 25
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revising the amount and use of specified funds; 26
amending s. 334.065, F.S.; revising membership of the 27
Center for Urban Transportation Research advisory 28
board; requiring reports to the Governor, Legislature, 29
and department; amending s. 334.066, F.S.; revising 30
membership of the I-STREET advisory board; requiring 31
reports to the Governor, Legislature, and department; 32
amending s. 339.135, F.S.; conforming provisions to 33
changes made by the act; amending s. 339.175, F.S.; 34
revising legislative intent; revising M.P.O. voter 35
membership under certain circumstances; requiring eac h 36
M.P.O. to be involved in prioritization of 37
transportation facilities and to timely amend certain 38
plans and programs; revising projects and strategies 39
to be considered in developing an M.P.O.'s long -range 40
transportation plan and transportation improvement 41
program; revising representation required on a 42
citizens' advisory committee; requiring certain 43
M.P.O.'s to submit a feasibility report to the 44
Governor and Legislature regarding consolidation; 45
specifying goals thereof; requiring the department to 46
convene M.P.O.'s of similar size to exchange best 47
practices; authorizing such M.P.O.'s to develop 48
committees or working groups; requiring training for 49
new M.P.O. governing board members to be provided by 50
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the department and another specified entity; removing 51
provisions relating to M.P.O. coordination mechanisms; 52
requiring M.P.O.'s within the same urbanized area to 53
develop a regional long -range transportation plan and 54
pool resources for certain projects; deleting obsolete 55
provisions; conforming provisions to changes m ade by 56
the act; including public -private partnerships in 57
authorized financing techniques; revising proposed 58
transportation enhancement activities that must be 59
indicated by the long -range transportation plan; 60
providing M.P.O. and department responsibilities 61
regarding transportation improvement programs; 62
removing provisions authorizing the department and an 63
M.P.O. to vary the submittal date of a list of project 64
priorities to the department district; revising 65
selection criteria upon which the list of project 66
priorities must be based; requiring projects in the 67
transportation improvement program to be consistent 68
with the Strategic Intermodal System plan; requiring 69
reprogramming of funds for certain projects within the 70
list of project priorities; authorizing each M.P.O. to 71
execute a written agreement with the department 72
regarding state and federal transportation planning 73
requirements; requiring the department and M.P.O.'s to 74
establish certain quality performance metrics and 75
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develop certain performance targets; requ iring the 76
department to evaluate and post on its website whether 77
each M.P.O. has made significant progress toward such 78
targets; removing provisions relating to the 79
Metropolitan Planning Organization Advisory Council; 80
amending ss. 28.37, 142.01, 316.1951, 3 16.306, 81
316.622, 318.121, 318.21, 322.27, 331.3051, 331.310, 82
and 395.4036, F.S.; conforming cross -references and 83
provisions to changes made by the act; requiring a 84
report to the Governor and Legislature; requiring the 85
Department of Highway Safety and Motor Vehicles to 86
begin implementation of a redesigned registration 87
license plate by a specified date; providing redesign 88
requirements; providing an effective date. 89
90
Be It Enacted by the Legislature of the State of Florida: 91
92
Section 1. Subsections (2) t hrough (6) of section 20.23, 93
Florida Statutes, are renumbered as subsections (3) through (7), 94
respectively, paragraph (b) of present subsection (2) is 95
amended, and a new subsection (2) is added to that section, to 96
read: 97
20.23 Department of Transportation .—There is created a 98
Department of Transportation which shall be a decentralized 99
agency. 100
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(2) The secretary shall establish annual performance and 101
production measures, establish a minimum standard for such 102
measures, and publish a report on actual performa nce. Such 103
measures shall be developed by a working group comprised of 104
transportation industry leaders and stakeholders, including, but 105
not limited to, Florida Transportation Commission members, 106
members of academia, department staff, and representatives of 107
the agencies and authorities listed in subparagraph (3)(b)2. 108
Such measures, at a minimum, must include the following: 109
(a) Safety of the current transportation system in this 110
state. 111
(b) Contracts for construction and professional services 112
procured on time and delivered on time and within budget. 113
(c) Preservation of the State Highway System. 114
(d) Financial management. 115
(e) Effectiveness of other federally and state mandated 116
programs. 117
(3)(2) 118
(b) The Florida Transportation Commission shall: 119
1. Recommend major transportation policies for the 120
Governor's approval and assure that approved policies and any 121
revisions are properly executed. 122
2. Periodically review the status of the state 123
transportation system, including highway, transit, rail, 124
seaport, intermodal development, and aviation components of the 125
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system, and recommend improvements to the Governor , and the 126
Legislature, and applicable governing boards . 127
3. Perform an in-depth evaluation of the annual department 128
budget request, the Florida Transportation Plan, and the 129
tentative work program for compliance with all applicable laws 130
and established departmental policies. Except as specifically 131
provided in s. 339.135(4)(c)2., (d), and (f), the commission may 132
not consider individual construction projects but shall consider 133
methods of accomplishing the goals of the department in the most 134
effective, efficient, and businesslike manner. 135
4. Monitor the financial status of the department on a 136
regular basis to assure that the department is managing rev enue 137
and bond proceeds responsibly and in accordance with law and 138
established policy. 139
5. Monitor on at least a quarterly basis the efficiency, 140
productivity, and management of the department using performance 141
and production standards developed by the comm ission pursuant to 142
s. 334.045. 143
6. Perform an in-depth evaluation of the factors causing 144
disruption of project schedules in the adopted work program and 145
recommend to the Governor and the Legislature methods to 146
eliminate or reduce the disruptive effects of these factors. 147
7. Recommend to the Governor and the Legislature 148
improvements to the department's organization in order to 149
streamline and optimize the efficiency of the department. In 150
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reviewing the department's organization, the commission shall 151
determine if the current district organizational structure is 152
responsive to this state's changing economic and demographic 153
development patterns. The report by the commission must be 154
delivered to the Governor and the Legislature by December 15 155
each year, as appropr iate. The commission may retain experts as 156
necessary to carry out this subparagraph, and the department 157
shall pay the expenses of the experts. 158
8. Monitor the efficiency, productivity, and management of 159
the agencies and authorities created under chapters 348 and 349; 160
the Mid-Bay Bridge Authority re -created pursuant to chapter 161
2000-411, Laws of Florida; and any authority formed under 162
chapter 343; any public transit provider as defined in s. 163
341.031(1); and any community transportation coordinator as 164
defined in s. 427.011(5). Any performance and production 165
measures used by the commission shall be developed by the 166
working group described in subsection (2) . The commission shall 167
also conduct periodic reviews of each agency's and authority's 168
operations and budget , acquisition of property, management of 169
revenue and bond proceeds, and compliance with applicable laws 170
and generally accepted accounting principles. For agencies and 171
authorities that do not achieve the minimum acceptable 172
performance standards, the commiss ion shall make recommendations 173
to the Governor, the President of the Senate, the Speaker of the 174
House of Representatives, the department, and the applicable 175
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governing board regarding any leadership, process, management, 176
or legislative changes needed to imp rove performance. 177
Section 2. Paragraphs (j) and (m) of subsection (2) of 178
section 110.205, Florida Statutes, are amended to read: 179
110.205 Career service; exemptions. — 180
(2) EXEMPT POSITIONS. —The exempt positions that are not 181
covered by this part incl ude the following: 182
(j) The appointed secretaries and the State Surgeon 183
General, assistant secretaries, deputy secretaries, and deputy 184
assistant secretaries of all departments; the executive 185
directors, assistant executive directors, deputy executive 186
directors, and deputy assistant executive directors of all 187
departments; the directors of all divisions and those positions 188
determined by the department to have managerial responsibilities 189
comparable to such positions, which positions include, but are 190
not limited to, program directors, assistant program directors, 191
district administrators, deputy district administrators, the 192
Director of Central Operations Services of the Department of 193
Children and Families, the State Transportation Development 194
Administrator, the S tate Public Transportation and Modal 195
Administrator, district secretaries, district directors of 196
transportation development, transportation operations, 197
transportation support, and the managers of the offices of the 198
Department of Transportation specified in s. 20.23(4)(b) s. 199
20.23(3)(b). Unless otherwise fixed by law, the department shall 200
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set the salary and benefits of these positions and the positions 201
of county health department directors and county health 202
department administrators of the Department of Healt h in 203
accordance with the rules of the Senior Management Service. 204
(m) All assistant division director, deputy division 205
director, and bureau chief positions in any department, and 206
those positions determined by the department to have managerial 207
responsibilities comparable to such positions, which include, 208
but are not limited to: 209
1. Positions in the Department of Health and the 210
Department of Children and Families which are assigned primary 211
duties of serving as the superintendent or assistant 212
superintendent of an institution. 213
2. Positions in the Department of Corrections which are 214
assigned primary duties of serving as the warden, assistant 215
warden, colonel, or major of an institution or that are assigned 216
primary duties of serving as the circuit administrator or deputy 217
circuit administrator. 218
3. Positions in the Department of Transportation which are 219
assigned primary duties of serving as regional toll managers and 220
managers of offices, as specified in s. 20.23(4)(b) and (5)(c) 221
s. 20.23(3)(b) and (4)(c) . 222
4. Positions in the Department of Environmental Protection 223
which are assigned the duty of an Environmental Administrator or 224
program administrator. 225
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5. Positions in the Department of Health which are 226
assigned the duties of Environmental Administrator, Assistan t 227
County Health Department Director, and County Health Department 228
Financial Administrator. 229
6. Positions in the Department of Highway Safety and Motor 230
Vehicles which are assigned primary duties of serving as 231
captains in the Florida Highway Patrol. 232
233
Unless otherwise fixed by law, the department shall set the 234
salary and benefits of the positions listed in this paragraph in 235
accordance with the rules established for the Selected Exempt 236
Service. 237
Section 3. Section 316.1575, Florida Statutes, is amended 238
to read: 239
316.1575 Obedience to traffic control devices at railroad -240
highway grade crossings. — 241
(1) A Any person walking or driving a vehicle and 242
approaching a railroad -highway grade crossing under any of the 243
circumstances stated in this section must shall stop within 50 244
feet but not less than 15 feet from the nearest rail of such 245
railroad and may shall not proceed until the railroad tracks are 246
clear and he or she can do so safely. This subsection applies 247
The foregoing requirements apply when: 248
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(a) A clearly visible electric or mechanical signal device 249
gives warning of the immediate approach of a railroad train or 250
railroad track equipment ; 251
(b) A crossing gate is lowered or a law enforcement 252
officer or a human flagger gives or continues to give a signal 253
of the approach or passage of a railroad train or railroad track 254
equipment; 255
(c) An approaching railroad train or railroad track 256
equipment emits an audible signal or the railroad train or 257
railroad track equipment , by reason of its speed or nearness to 258
the crossing, is an immediate hazard; or 259
(d) An approaching railroad train or railroad track 260
equipment is plainly visible and is in hazardous proximity to 261
the railroad-highway grade crossing, regardless of the type of 262
traffic control devices installed at the cro ssing. 263
(2) A No person may not shall drive a any vehicle through, 264
around, or under any crossing gate or barrier at a railroad -265
highway grade crossing while the gate or barrier is closed or is 266
being opened or closed. 267
(3) A person who violates violation of this section 268
commits is a noncriminal traffic infraction, punishable pursuant 269
to chapter 318 as: 270
(a) either A pedestrian violation ; or, 271
(b) If the infraction resulted from the operation of a 272
vehicle, as a moving violation. 273
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1. For a first violation , the person shall pay a fine of 274
$500 and have 6 points assessed against his or her driver 275
license pursuant to s. 322.27(3)(d)7. 276
2. For a second or subsequent violation, the person shall 277
pay a fine of $1,000 and have 6 points assessed against his or 278
her driver license pursuant to s. 322.27(3)(d)7. 279
Section 4. Section 316.1576, Florida Statutes, is amended 280
to read: 281
316.1576 Insufficient clearance at a railroad -highway 282
grade crossing.— 283
(1) A person may not drive a any vehicle through a 284
railroad-highway grade crossing that does not have sufficient 285
space to drive completely through the crossing without stopping 286
or without obstructing the passage of other vehicles, 287
pedestrians, railroad trains, or other railroad equipment, 288
notwithstanding any traffic con trol signal indication to 289
proceed. 290
(2) A person may not drive a any vehicle through a 291
railroad-highway grade crossing that does not have sufficient 292
undercarriage clearance to drive completely through the crossing 293
without stopping or without obstructing t he passage of a 294
railroad train or other railroad equipment . 295
(3) A person who violates violation of this section 296
commits is a noncriminal traffic infraction, punishable as a 297
moving violation as provided in chapter 318. 298
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(a) For a first violation, the per son shall pay a fine of 299
$500 and have 6 points assessed against his or her driver 300
license pursuant to s. 322.27(3)(d)7. 301
(b) For a second or subsequent violation, the person shall 302
pay a fine of $1,000, shall have 6 points assessed against his 303
or her driver license pursuant to s. 322.27(3)(d)7., and, 304
notwithstanding s. 322.27(3)(a), (b), and (c), shall have his or 305
her driving privilege suspended for not more than 6 months. 306
Section 5. Subsections (8) and (9) are added to section 307
316.20655, Florida Statut es, to read: 308
316.20655 Electric bicycle regulations. — 309
(8) A local government may adopt an ordinance providing 310
one or more minimum age requirements for the operation of 311
electric bicycles and may adopt an ordinance requiring an 312
operator of an electric bi cycle to possess a government -issued 313
photographic identification. 314
(9) A local government may provide training on safe 315
operation of electric bicycles and compliance with the traffic 316
laws of this state which are applicable to electric bicycles. 317
Section 6. Subsections (7) and (8) are added to section 318
316.2128, Florida Statutes, to read: 319
316.2128 Micromobility devices, motorized scooters, and 320
miniature motorcycles; requirements. — 321
(7) A local government may adopt an ordinance providing 322
one or more minimum age requirements for the operation of 323
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motorized scooters or micromobility devices and may adopt an 324
ordinance requiring an operator of a motorized scooter or 325
micromobility device to possess a government -issued photographic 326
identification. 327
(8) A local government may provide training on safe 328
operation of motorized scooters or micromobility devices and 329
compliance with the traffic laws of this state which are 330
applicable to motorized scooters or micromobility devices. 331
Section 7. Subsections (10) through (23) of section 332
318.18, Florida Statutes, are renumbered as subsections (11) 333
through (24), respectively, subsection (9) is amended, and a new 334
subsection (10) is added to that section, to read: 335
318.18 Amount of penalties. —The penalties required for a 336
noncriminal disposition pursuant to s. 318.14 or a criminal 337
offense listed in s. 318.17 are as follows: 338
(9) Five One hundred dollars for a first violation and 339
$1,000 for a second or subsequent violation of s. 316.1575. 340
(10) Five hundred dollars for a firs t violation and $1,000 341
for a second or subsequent violation of s. 316.1576. In addition 342
to this penalty, for a second or subsequent violation, the 343
department shall suspend the driver license of the person for 344
not more than 6 months. 345
Section 8. Subsecti on (26) of section 334.044, Florida 346
Statutes, is amended to read: 347
334.044 Powers and duties of the department. —The 348
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department shall have the following general powers and duties: 349
(26)(a) To provide for the enhancement of environmental 350
benefits, including air and water quality; to prevent roadside 351
erosion; to conserve the natural roadside growth and scenery; 352
and to provide for the implementation and maintenance of 353
roadside conservation, enhancement, and stabilization programs. 354
At least 1.5 percent of the amount contracted for construction 355
projects shall be allocated by the department on a statewide 356
basis for the purchase of plant materials. Department districts 357
may not expend funds for landscaping in connection with any 358
project that is limited to resurfaci ng existing lanes unless the 359
expenditure has been approved by the department's secretary or 360
the secretary's designee. To the greatest extent practical, at 361
least 50 percent of the funds allocated under this paragraph 362
subsection shall be allocated for large plant materials and the 363
remaining funds for other plant materials. Except as prohibited 364
by applicable federal law or regulation, all plant materials 365
shall be purchased from Florida commercial nursery stock in this 366
state on a uniform competitive bid basis. The department shall 367
develop grades and standards for landscaping materials purchased 368
through this process. To accomplish these activities, the 369
department may contract with nonprofit organizations having the 370
primary purpose of developing youth employment o pportunities. 371
(b) In order to increase cost predictability and 372
programming needs, a project with a total contracted 373
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construction cost greater than $500 million shall have 0.5 374
percent of the total construction cost expended in the fiscal 375
year the project is planned for construction, and the remaining 376
1 percent may be planned and expended over 4 fiscal years. 377
Section 9. Subsection (4) of section 334.065, Florida 378
Statutes, is renumbered as subsection (6), subsection (3) is 379
amended, and new subsections (4 ) and (5) are added to that 380
section, to read: 381
334.065 Center for Urban Transportation Research. — 382
(3) An advisory board shall be created to periodically and 383
objectively review and advise the center concerning its research 384
program. Except for projects ma ndated by law, state -funded base 385
projects shall not be undertaken without approval of the 386
advisory board. The membership of the board shall consist of 387
nine experts in transportation -related areas, including 388
electrical engineering, enterprise and infrastruc ture 389
information technology, design architecture drafting, and 390
workforce development, as follows: 391
(a) A member appointed by the President of the Senate. 392
(b) A member appointed by the Speaker of the House of 393
Representatives. 394
(c) The Secretary of Transportation or his or her 395
designee. 396
(d) The Secretary of Commerce or his or her designee. the 397
secretaries of the Department of Transportation, the Department 398
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of Environmental Protection, and the Department of Economic 399
Opportunity, or their designees, and 400
(e) A member of the Florida Transportation Commission. 401
(f) The nomination of the remaining four members of the 402
board shall be made to the President of the University of South 403
Florida by the College of Engineering at the University of South 404
Florida, and the appointment of these members must be reviewed 405
and approved by the Florida Transportation Commission and 406
confirmed by the Board of Governors . 407
(4) By January 1, 2025, the center must deliver a report 408
to the department on model policies and procedu res or best 409
practices for paratransit providers to complete trips within an 410
acceptable time after pickup. 411
(5) By December 1, 2025, the center must deliver to the 412
Governor, the President of the Senate, the Speaker of the House 413
of Representatives, and the department a report examining 414
alternate revenue sources for the State Transportation Trust 415
Fund. 416
Section 10. Subsection (3) of section 334.066, Florida 417
Statutes, is amended, and subsections (4) and (5) are added to 418
that section, to read: 419
334.066 Implementing Solutions from Transportation 420
Research and Evaluating Emerging Technologies Living Lab. — 421
(3) An advisory board shall be created to periodically 422
review and advise I-STREET concerning its research program. The 423
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board shall consist of nine members w ith expertise in 424
transportation-related areas, including electrical engineering, 425
enterprise and infrastructure information technology, design 426
architecture drafting, and workforce development, as follows: 427
(a) A member appointed by the President of the Sen ate. 428
(b) A member appointed by the Speaker of the House of 429
Representatives. 430
(c) The Secretary of Transportation or his or her 431
designee. 432
(d) The Secretary of Commerce Economic Opportunity or his 433
or her designee. 434
(e) A member of the Florida Transport ation Commission. 435
(f) Four members nominated by the University of Florida's 436
College of Engineering and approved by the university's 437
president. The College of Engineering's nominees may include 438
representatives of the University of Florida, other academic and 439
research institutions, or private entities. 440
(4) By January 1, 2025, I -STREET must deliver a 441
comprehensive report on technology and training improvements to 442
better support persons with disabilities using paratransit 443
services, including services admini stered by the federal, state, 444
or local government, to the Governor, the President of the 445
Senate, the Speaker of the House of Representatives, and the 446
department. The report must, at a minimum, include 447
recommendations on technology improvements for paratran sit 448
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providers serving persons with disabilities, including through 449
local, state, and federal funding sources. At a minimum, the 450
report shall include a review of and recommendations on: 451
(a) Technology systems to ensure the safety of 452
individuals, including the use of in-cabin camera systems and 453
other technologies to monitor the safety and well -being of 454
individuals using fixed routes. 455
(b) Best practices for data retention, including 456
protection of personally identifiable information, length of 457
retention, and location of retained files. 458
(c) State-of-the-industry on hardware and software, 459
including camera providers, product specifications, and human -460
machine interfaces. 461
(d) Safety standards of professional engineering 462
organizations on camera -mounting best practices. 463
(e) Costs of installation and maintenance of camera 464
systems to paratransit providers. 465
(f) The use of Internet, mobile, and application -based 466
interfaces to book, monitor, and seek transportation services. 467
The review must also consider access ibility needs. 468
(5) By December 1, 2025, I -STREET must deliver to the 469
Governor, the President of the Senate, the Speaker of the House 470
of Representatives, and the department a report examining 471
methods of taxation or usage fees for residential charging of 472
electric vehicles. 473
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Section 11. Paragraph (c) of subsection (4) of section 474
339.135, Florida Statutes, is amended to read: 475
339.135 Work program; legislative budget request; 476
definitions; preparation, adoption, execution, and amendment. — 477
(4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM. — 478
(c)1. For purposes of this section, the board of county 479
commissioners shall serve as the metropolitan planning 480
organization in those counties which are not located in a 481
metropolitan planning organization and shall b e involved in the 482
development of the district work program to the same extent as a 483
metropolitan planning organization. 484
2. The district work program shall be developed 485
cooperatively from the outset with the various metropolitan 486
planning organizations of t he state and include, to the maximum 487
extent feasible, the project priorities of metropolitan planning 488
organizations which have been submitted to the district by 489
August 1 of each year pursuant to s. 339.175(8)(b) ; however, the 490
department and a metropolitan planning organization may, in 491
writing, cooperatively agree to vary this submittal date . To 492
assist the metropolitan planning organizations in developing 493
their lists of project priorities, the district shall disclose 494
to each metropolitan planning organizatio n any anticipated 495
changes in the allocation or programming of state and federal 496
funds which may affect the inclusion of metropolitan planning 497
organization project priorities in the district work program. 498
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3. Before submittal of the district work program t o the 499
central office, the district shall provide the affected 500
metropolitan planning organization with written justification 501
for any project proposed to be rescheduled or deleted from the 502
district work program which project is part of the metropolitan 503
planning organization's transportation improvement program and 504
is contained in the last 4 years of the previous adopted work 505
program. By no later than 14 days after submittal of the 506
district work program to the central office, the affected 507
metropolitan planning organization may file an objection to such 508
rescheduling or deletion. When an objection is filed with the 509
secretary, the rescheduling or deletion may not be included in 510
the district work program unless the inclusion of such 511
rescheduling or deletion is spec ifically approved by the 512
secretary. The Florida Transportation Commission shall include 513
such objections in its evaluation of the tentative work program 514
only when the secretary has approved the rescheduling or 515
deletion. 516
Section 12. Subsection (10) of se ction 339.175, Florida 517
Statutes, is renumbered as subsection (11), subsection (1), 518
paragraph (a) of subsection (3), subsections (6), (7), and (8), 519
and present subsection (11) are amended, and a new subsection 520
(10) is added to that section, to read: 521
339.175 Metropolitan planning organization. — 522
(1) PURPOSE.—It is the intent of the Legislature to 523
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encourage and promote the safe and efficient management, 524
operation, and development of multimodal surface transportation 525
systems that will serve the mobility need s of people and freight 526
and foster economic growth and development within and through 527
urbanized areas of this state while balancing conservation of 528
natural resources minimizing transportation -related fuel 529
consumption, air pollution, and greenhouse gas emis sions through 530
metropolitan transportation planning processes identified in 531
this section. To accomplish these objectives, metropolitan 532
planning organizations, referred to in this section as M.P.O.'s, 533
shall develop, in cooperation with the state and public t ransit 534
operators, transportation plans and programs for metropolitan 535
areas. The plans and programs for each metropolitan area must 536
provide for the development and integrated management and 537
operation of transportation systems and facilities, including 538
pedestrian walkways and bicycle transportation facilities that 539
will function as an intermodal transportation system for the 540
metropolitan area, based upon the prevailing principles provided 541
in s. 334.046(1). The process for developing such plans and 542
programs shall provide for consideration of all modes of 543
transportation and shall be continuing, cooperative, and 544
comprehensive, to the degree appropriate, based on the 545
complexity of the transportation problems to be addressed. To 546
ensure that the process is integrated with the statewide 547
planning process, M.P.O.'s shall develop plans and programs that 548
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identify transportation facilities that should function as an 549
integrated metropolitan transportation system, giving emphasis 550
to facilities that serve important national, s tate, and regional 551
transportation functions. For the purposes of this section, 552
those facilities include the facilities on the Strategic 553
Intermodal System designated under s. 339.63 and facilities for 554
which projects have been identified pursuant to s. 339.2 819(4). 555
(3) VOTING MEMBERSHIP. — 556
(a) The voting membership of an M.P.O. shall consist of at 557
least 5 but not more than 25 apportioned members, with the exact 558
number determined on an equitable geographic -population ratio 559
basis, based on an agreement among the affected units of 560
general-purpose local government and the Governor, as required 561
by federal regulations. When two or more M.P.O.'s merge to form 562
a regional M.P.O., the voting membership of the resulting 563
regional M.P.O. may consist of up to 35 apportio ned members for 564
equitable geographic -population representation, subject to 565
review by the Department of Transportation and approval by the 566
Governor. In accordance with 23 U.S.C. s. 134, the Governor may 567
also allow M.P.O. members who represent municipalities to 568
alternate with representatives from other municipalities within 569
the metropolitan planning area which do not have members on the 570
M.P.O. With the exception of instances in which all of the 571
county commissioners in a single -county M.P.O. are members of 572
the M.P.O. governing board, county commissioners shall compose 573
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at least one-third of the M.P.O. governing board membership. A 574
multicounty M.P.O. may satisfy this requirement by any 575
combination of county commissioners from each of the counties 576
constituting the M.P.O. Voting members shall be elected 577
officials of general -purpose local governments, one of whom may 578
represent a group of general -purpose local governments through 579
an entity created by an M.P.O. for that purpose. An M.P.O. may 580
include, as part of its ap portioned voting members, a member of 581
a statutorily authorized planning board, an official of an 582
agency that operates or administers a major mode of 583
transportation, or an official of Space Florida. As used in this 584
section, the term "elected officials of a general-purpose local 585
government" excludes constitutional officers, including 586
sheriffs, tax collectors, supervisors of elections, property 587
appraisers, clerks of the court, and similar types of officials. 588
County commissioners shall compose not less than 20 percent of 589
the M.P.O. membership if an official of an agency that operates 590
or administers a major mode of transportation has been appointed 591
to an M.P.O. 592
(6) POWERS, DUTIES, AND RESPONSIBILITIES. —The powers, 593
privileges, and authority of an M.P.O. are thos e specified in 594
this section or incorporated in an interlocal agreement 595
authorized under s. 163.01. Each M.P.O. shall perform all acts 596
required by federal or state laws or rules, now and subsequently 597
applicable, which are necessary to qualify for federal ai d. It 598
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is the intent of this section that each M.P.O. be involved in 599
the planning and prioritization programming of transportation 600
facilities, including, but not limited to, airports, intercity 601
and high-speed rail lines, seaports, and intermodal facilities, 602
to the extent permitted by state or federal law. An M.P.O. may 603
not perform project production or delivery for capital 604
improvement projects on the State Highway System. 605
(a) Each M.P.O. shall, in cooperation with the department, 606
develop and timely amend: 607
1. A long-range transportation plan pursuant to the 608
requirements of subsection (7). 609
2. An annually updated transportation improvement program 610
pursuant to the requirements of subsection (8). 611
3. An annual unified planning work program pursuant to the 612
requirements of subsection (9). 613
(b) In developing the long -range transportation plan and 614
the transportation improvement program required under paragraph 615
(a), each M.P.O. shall provide for consideration of projects and 616
strategies that will: 617
1. Support the economic vitality of the contiguous 618
urbanized metropolitan area, especially by enabling global 619
competitiveness, productivity, and efficiency. 620
2. Increase the safety and security of the transportation 621
system for motorized and nonmotorized users. 622
3. Increase the accessibility and mobility options 623
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available to people and for freight. 624
4. Protect and enhance the environment, conserve natural 625
resources promote energy conservation , and improve quality of 626
life. 627
5. Enhance the integration and connectivity of the 628
transportation system, across and between modes and contiguous 629
urbanized metropolitan areas, for people and freight. 630
6. Promote efficient system management and operation. 631
7. Emphasize the preservation of the existing 632
transportation system. 633
8. Improve the resilience of transportation 634
infrastructure. 635
9. Reduce traffic and congestion where feasible. 636
(c) In order to provide recommendations to the department 637
and local governmental entities regarding transportation plans 638
and programs, each M.P.O. shall: 639
1. Prepare a congestion management system for the 640
contiguous urbanized metropolitan area and cooperate with the 641
department in the development of all other transportation 642
management systems required by state or federal law. 643
2. Assist the departm ent in mapping transportation 644
planning boundaries required by state or federal law. 645
3. Assist the department in performing its duties relating 646
to access management, functional classification of roads, and 647
data collection. 648
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4. Execute all agreements or certifications necessary to 649
comply with applicable state or federal law. 650
5. Represent all the jurisdictional areas within the 651
metropolitan area in the formulation of transportation plans and 652
programs required by this section. 653
6. Perform all other dutie s required by state or federal 654
law. 655
(d) Each M.P.O. shall appoint a technical advisory 656
committee, the members of which shall serve at the pleasure of 657
the M.P.O. The membership of the technical advisory committee 658
must include, whenever possible, planners; engineers; 659
representatives of local aviation authorities, intermodal 660
logistics centers, port authorities, and public transit 661
authorities or representatives of aviation departments, seaport 662
departments, and public transit departments of municipal or 663
county governments, as applicable; the school superintendent of 664
each county within the jurisdiction of the M.P.O. or the 665
superintendent's designee; and other appropriate representatives 666
of affected local governments. For each M.P.O. the voting 667
membership of which is governed by paragraph (3)(a), when 668
selecting the membership of the technical advisory committee, 669
the M.P.O. must consider the proportional representation of the 670
area's population. In addition to any other duties assigned to 671
it by the M.P.O. or by stat e or federal law, the technical 672
advisory committee is responsible for considering safe access to 673
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schools in its review of transportation project priorities, 674
long-range transportation plans, and transportation improvement 675
programs, and shall advise the M.P. O. on such matters. In 676
addition, the technical advisory committee shall coordinate its 677
actions with local school boards and other local programs and 678
organizations within the metropolitan area which participate in 679
school safety activities, such as locally e stablished community 680
traffic safety teams. Local school boards must provide the 681
appropriate M.P.O. with information concerning future school 682
sites and in the coordination of transportation service. 683
(e)1. Each M.P.O. shall appoint a citizens' advisory 684
committee, the members of which serve at the pleasure of the 685
M.P.O. The membership on the citizens' advisory committee must 686
reflect a broad cross-section of local residents with an 687
interest in the development of an efficient, safe, and cost -688
effective transportation system. Minorities, the elderly, and 689
the handicapped must be adequately represented. 690
2. Notwithstanding subparagraph 1., an M.P.O. may, with 691
the approval of the department and the applicable federal 692
governmental agency, adopt an alternative progra m or mechanism 693
to ensure citizen involvement in the transportation planning 694
process. 695
(f) The department shall allocate to each M.P.O., for the 696
purpose of accomplishing its transportation planning and 697
programming duties, an appropriate amount of federal 698
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transportation planning funds. 699
(g) Each M.P.O. shall have an executive or staff director 700
who reports directly to the M.P.O. governing board for all 701
matters regarding the administration and operation of the M.P.O. 702
and any additional personnel as deemed nec essary. The executive 703
director and any additional personnel may be employed either by 704
an M.P.O. or by another governmental entity, such as a county, 705
city, or regional planning council, that has a staff services 706
agreement signed and in effect with the M.P.O . Each M.P.O. may 707
enter into contracts with local or state agencies, private 708
planning firms, private engineering firms, or other public or 709
private entities to accomplish its transportation planning and 710
programming duties and administrative functions. 711
(h) In order to enhance their knowledge, effectiveness, 712
and participation in the urbanized area transportation planning 713
process, each M.P.O. shall provide training opportunities and 714
training funds specifically for local elected officials and 715
others who serve on an M.P.O. The training opportunities may be 716
conducted by an individual M.P.O. or through statewide and 717
federal training programs and initiatives that are specifically 718
designed to meet the needs of M.P.O. board members. 719
(i) By February 28, 2025 December 31, 2023, the M.P.O.'s 720
serving Lee and Collier Hillsborough, Pasco, and Pinellas 721
Counties must submit a feasibility report to the Governor, the 722
President of the Senate, and the Speaker of the House of 723
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Representatives exploring the benefits, costs, and process of 724
consolidation into a single M.P.O. serving the contiguous 725
urbanized area, the goal of which would be to: 726
1. Coordinate transportation projects deemed to be 727
regionally significant. 728
2. Review the impact of regionally significant land use 729
decisions on the region. 730
3. Review all proposed regionally significant 731
transportation projects in the respective transportation 732
improvement programs. 733
(j)1. To more fully accomplish the purposes for which 734
M.P.O.'s have been mandated, the department shall, at least 735
annually, convene M.P.O.'s of similar size, based on the size of 736
population served, for the purpose of exchanging best practices. 737
M.P.O.'s may shall develop committees or working groups as 738
needed to accomplish such purpose. Training for new M.P.O. 739
governing board members shall be provided by the department and 740
by either the Florida Center for Urban Transportation Research 741
or the Implementing Solutions from Transportation Research and 742
Evaluating Emerging Technologies (I -STREET) Living Lab 743
coordination mechanisms with one another to expand and improve 744
transportation within the state. The appropriate method of 745
coordination between M.P.O.'s shall vary depending upon the 746
project involved and given local and regional needs. 747
Consequently, it is appropriate t o set forth a flexible 748
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methodology that can be used by M.P.O.'s to coordinate with 749
other M.P.O.'s and appropriate political subdivisions as 750
circumstances demand . 751
2. Any M.P.O. may join with any other M.P.O. or any 752
individual political subdivision to coor dinate activities or to 753
achieve any federal or state transportation planning or 754
development goals or purposes consistent with federal or state 755
law. When an M.P.O. determines that it is appropriate to join 756
with another M.P.O. or any political subdivision to coordinate 757
activities, the M.P.O. or political subdivision shall enter into 758
an interlocal agreement pursuant to s. 163.01, which, at a 759
minimum, creates a separate legal or administrative entity to 760
coordinate the transportation planning or development acti vities 761
required to achieve the goal or purpose; provides the purpose 762
for which the entity is created; provides the duration of the 763
agreement and the entity and specifies how the agreement may be 764
terminated, modified, or rescinded; describes the precise 765
organization of the entity, including who has voting rights on 766
the governing board, whether alternative voting members are 767
provided for, how voting members are appointed, and what the 768
relative voting strength is for each constituent M.P.O. or 769
political subdivision; provides the manner in which the parties 770
to the agreement will provide for the financial support of the 771
entity and payment of costs and expenses of the entity; provides 772
the manner in which funds may be paid to and disbursed from the 773
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entity; and provides how members of the entity will resolve 774
disagreements regarding interpretation of the interlocal 775
agreement or disputes relating to the operation of the entity. 776
Such interlocal agreement shall become effective upon its 777
recordation in the official public records of each county in 778
which a member of the entity created by the interlocal agreement 779
has a voting member. Multiple M.P.O.'s may merge, combine, or 780
otherwise join together as a single M.P.O. 781
(7) LONG-RANGE TRANSPORTATION PLAN. —Each M.P.O. must 782
develop a long-range transportation plan that addresses at least 783
a 20-year planning horizon. The plan must include both long -784
range and short-range strategies and must comply with all other 785
state and federal requirements. The prevailing principles to be 786
considered in the long-range transportation plan are: preserving 787
the existing transportation infrastructure; enhancing Florida's 788
economic competitiveness; and improving travel choices to ensure 789
mobility. The long-range transportation plan must be consistent, 790
to the maximum extent feasible, with future land use elements 791
and the goals, objectives, and policies of the approved local 792
government comprehensive plans of the units of local government 793
located within the jurisdiction of the M.P.O. Each M.P.O. is 794
encouraged to consider strategies that integrate transportation 795
and land use planning to provide for sustainable development and 796
reduce greenhouse gas emissions . M.P.O.'s within the same 797
urbanized area shall develop a regional long -range 798
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transportation plan and pool resources for regionally 799
significant transportation infrastructure projects. The approved 800
long-range transportation plan must be considered by local 801
governments in the development of the transportation elements in 802
local government comprehensive plans and a ny amendments thereto. 803
The long-range transportation plan must, at a minimum: 804
(a) Identify transportation facilities, including, but not 805
limited to, major roadways, airports, seaports, spaceports, 806
commuter rail systems, transit systems, and intermodal or 807
multimodal terminals that will function as an integrated 808
metropolitan transportation system. The long -range 809
transportation plan must give emphasis to those transportation 810
facilities that serve national, statewide, or regional 811
functions, and must consider the goals and objectives identified 812
in the Florida Transportation Plan as provided in s. 339.155. If 813
a project is located within the boundaries of more than one 814
M.P.O., the M.P.O.'s must coordinate plans regarding the project 815
in the long-range transportation plan. Multiple M.P.O.'s within 816
a contiguous urbanized area must coordinate the development of 817
long-range transportation plans to be reviewed by the 818
Metropolitan Planning Organization Advisory Council. 819
(b) Include a financial plan that demonstrates how the 820
plan can be implemented, indicating resources from public and 821
private sources which are reasonably expected to be available to 822
carry out the plan, and recommends any additional financing 823
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strategies for needed projects and programs. The financial plan 824
may include, for illustrative purposes, additional projects that 825
would be included in the adopted long -range transportation plan 826
if reasonable additional resources beyond those identified in 827
the financial plan were available. For the purpose of developing 828
the long-range transportation plan, the M.P.O. and the 829
department shall cooperatively develop estimates of funds that 830
will be available to support the plan implementation. Innovative 831
financing techniques may be used to fund needed projects and 832
programs. Such techniques may include the assessment of tolls, 833
public-private partnerships, the use of value capture financing, 834
or the use of value pricing. Multiple M.P.O.'s within a 835
contiguous urbanized area must ensure, to the maximum extent 836
possible, the consisten cy of data used in the planning process. 837
(c) Assess capital investment and other measures necessary 838
to: 839
1. Ensure the preservation of the existing metropolitan 840
transportation system including requirements for the operation, 841
resurfacing, restoration, an d rehabilitation of major roadways 842
and requirements for the operation, maintenance, modernization, 843
and rehabilitation of public transportation facilities; and 844
2. Make the most efficient use of existing transportation 845
facilities to relieve vehicular conge stion, improve safety, and 846
maximize the mobility of people and goods. Such efforts must 847
include, but are not limited to, consideration of infrastructure 848
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and technological improvements necessary to accommodate advances 849
in vehicle technology, such as automat ed driving systems and 850
other developments. 851
(d) Indicate, as appropriate, proposed transportation 852
enhancement activities, including, but not limited to, 853
pedestrian and bicycle facilities, trails or facilities that are 854
regionally significant or critical li nkages for the Florida 855
Shared-Use Nonmotorized Trail Network, scenic easements, 856
landscaping, integration of advanced air mobility, and 857
integration of autonomous, electric, and alternative -fuel 858
vehicles, electric bicycles, and motorized scooters used for 859
freight, commuter, or micromobility purposes historic 860
preservation, mitigation of water pollution due to highway 861
runoff, and control of outdoor advertising . 862
(e) In addition to the requirements of paragraphs (a) -(d), 863
in metropolitan areas that are classifie d as nonattainment areas 864
for ozone or carbon monoxide, the M.P.O. must coordinate the 865
development of the long -range transportation plan with the State 866
Implementation Plan developed pursuant to the requirements of 867
the federal Clean Air Act. 868
869
In the development of its long-range transportation plan, each 870
M.P.O. must provide the public, affected public agencies, 871
representatives of transportation agency employees, freight 872
shippers, providers of freight transportation services, private 873
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providers of transportatio n, representatives of users of public 874
transit, and other interested parties with a reasonable 875
opportunity to comment on the long -range transportation plan. 876
The long-range transportation plan must be approved by the 877
M.P.O. 878
(8) TRANSPORTATION IMPROVEMENT P ROGRAM.—Each M.P.O. shall, 879
in cooperation with the state and affected public transportation 880
operators, develop a transportation improvement program for the 881
area within the jurisdiction of the M.P.O. It is the M.P.O.'s 882
responsibility, in collaboration with the department, to 883
identify, prioritize, and present to the department a complete 884
list of multimodal transportation projects consistent with the 885
needs of the metropolitan planning area. It is the department's 886
responsibility to program projects in the state transportation 887
improvement program. In the development of the transportation 888
improvement program, each M.P.O. must provide the public, 889
affected public agencies, representatives of transportation 890
agency employees, freight shippers, providers of freight 891
transportation services, private providers of transportation, 892
representatives of users of public transit, and other interested 893
parties with a reasonable opportunity to comment on the proposed 894
transportation improvement program. 895
(a) Each M.P.O. is responsibl e for developing, annually, a 896
list of project priorities and a transportation improvement 897
program. The prevailing principles to be considered by each 898
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M.P.O. when developing a list of project priorities and a 899
transportation improvement program are: preservi ng the existing 900
transportation infrastructure; enhancing Florida's economic 901
competitiveness; and improving travel choices to ensure safety 902
and mobility. The transportation improvement program will be 903
used to initiate federally aided transportation faciliti es and 904
improvements as well as other transportation facilities and 905
improvements including transit, rail, aviation, spaceport, and 906
port facilities to be funded from the State Transportation Trust 907
Fund within its metropolitan area in accordance with existing 908
and subsequent federal and state laws and rules and regulations 909
related thereto. The transportation improvement program shall be 910
consistent, to the maximum extent feasible, with the approved 911
local government comprehensive plans of the units of local 912
government whose boundaries are within the metropolitan area of 913
the M.P.O. and include those projects programmed pursuant to s. 914
339.2819(4). Multiple M.P.O.'s within a contiguous urbanized 915
area must coordinate transportation improvement programs. 916
(b) Each M.P.O. annually shall prepare a list of project 917
priorities and shall submit the list to the appropriate district 918
of the department by August 1 of each year ; however, the 919
department and a metropolitan planning organization may, in 920
writing, agree to vary this s ubmittal date. Where more than one 921
M.P.O. exists in an urbanized area, the M.P.O.'s shall develop 922
coordinate in the development of regionally significant project 923
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priorities. The list of project priorities must be formally 924
reviewed by the technical and citi zens' advisory committees, and 925
approved by the M.P.O., before it is transmitted to the 926
district. The approved list of project priorities must be used 927
by the district in developing the district work program and must 928
be used by the M.P.O. in developing its t ransportation 929
improvement program. The annual list of project priorities must 930
be based upon project selection criteria that, at a minimum, 931
consider the following: 932
1. The approved M.P.O. long -range transportation plan .; 933
2. The Strategic Intermodal System Plan developed under s. 934
339.64 and essential projects to update the state's 935
transportation network, address congestion, enhance safety, 936
ensure resiliency, and facilitate supply chain needs . 937
3. The priorities developed pursuant to s. 339.2819(4). 938
4. The results of the transportation management systems .; 939
and 940
5. The M.P.O.'s public -involvement procedures. 941
(c) The transportation improvement program must, at a 942
minimum: 943
1. Include projects and project phases to be fun ded with 944
state or federal funds within the time period of the 945
transportation improvement program and which are recommended for 946
advancement during the next fiscal year and 4 subsequent fiscal 947
years. Such projects and project phases must be consistent, to 948
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the maximum extent feasible, with the approved local government 949
comprehensive plans of the units of local government located 950
within the jurisdiction of the M.P.O. and the Strategic 951
Intermodal System Plan . For informational purposes, the 952
transportation improv ement program shall also include a list of 953
projects to be funded from local or private revenues. 954
2. Include projects within the metropolitan area which are 955
proposed for funding under 23 U.S.C. s. 134 of the Federal 956
Transit Act and which are consistent wi th the long-range 957
transportation plan developed under subsection (7). 958
3. Provide a financial plan that demonstrates how the 959
transportation improvement program can be implemented; indicates 960
the resources, both public and private, that are reasonably 961
expected to be available to accomplish the program; identifies 962
any innovative financing techniques that may be used to fund 963
needed projects and programs; and may include, for illustrative 964
purposes, additional projects that would be included in the 965
approved transportation improvement program if reasonable 966
additional resources beyond those identified in the financial 967
plan were available. Innovative financing techniques may include 968
the assessment of tolls, the use of value capture financing, or 969
the use of value pri cing. The transportation improvement program 970
may include a project or project phase only if full funding can 971
reasonably be anticipated to be available for the project or 972
project phase within the time period contemplated for completion 973
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of the project or pro ject phase. 974
4. Group projects and project phases of similar urgency 975
and anticipated staging into appropriate staging periods. 976
5. Indicate how the transportation improvement program 977
relates to the long-range transportation plan developed under 978
subsection (7), including providing examples of specific 979
projects or project phases that further the goals and policies 980
of the long-range transportation plan. 981
6. Indicate whether any project or project phase is 982
inconsistent with an approved comprehensive plan of a unit of 983
local government located within the jurisdiction of the M.P.O. 984
If a project is inconsistent with an affected comprehensive 985
plan, the M.P.O. must provide justification for including the 986
project in the transportation improvement program. 987
7. Indicate how the improvements are consistent, to the 988
maximum extent feasible, with affected seaport, airport, and 989
spaceport master plans and with public transit development plans 990
of the units of local government located within the jurisdiction 991
of the M.P.O. If a project is located within the boundaries of 992
more than one M.P.O., the M.P.O.'s must coordinate plans 993
regarding the project in the transportation improvement program. 994
8. Indicate coordination or alignment with transportation 995
improvement plans of other M .P.O.'s within the contiguous 996
urbanized area. 997
(d) Projects included in the transportation improvement 998
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program and that have advanced to the design stage of 999
preliminary engineering may be removed from or rescheduled in a 1000
subsequent transportation improvem ent program only by the joint 1001
action of the M.P.O. and the department. Except when recommended 1002
in writing by the district secretary for good cause, any project 1003
removed from or rescheduled in a subsequent transportation 1004
improvement program shall not be resc heduled by the M.P.O. in 1005
that subsequent program earlier than the 5th year of such 1006
program, and funding for the previously committed phases shall 1007
be reprogrammed for other projects within the list of project 1008
priorities. 1009
(e) During the development of the transportation 1010
improvement program, the M.P.O. shall, in cooperation with the 1011
department and any affected public transit operation, provide 1012
citizens, affected public agencies, representatives of 1013
transportation agency employees, freight shippers, providers of 1014
freight transportation services, private providers of 1015
transportation, representatives of users of public transit, and 1016
other interested parties with reasonable notice of and an 1017
opportunity to comment on the proposed program. 1018
(f) The adopted annual tran sportation improvement program 1019
for M.P.O.'s in nonattainment or maintenance areas must be 1020
submitted to the district secretary and the Department of 1021
Economic Opportunity at least 90 days before the submission of 1022
the state transportation improvement program by the department 1023
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to the appropriate federal agencies. The annual transportation 1024
improvement program for M.P.O.'s in attainment areas must be 1025
submitted to the district secretary and the Department of 1026
Economic Opportunity at least 45 days before the departm ent 1027
submits the state transportation improvement program to the 1028
appropriate federal agencies; however, the department, the 1029
Department of Economic Opportunity, and a metropolitan planning 1030
organization may, in writing, agree to vary this submittal date. 1031
The Governor or the Governor's designee shall review and approve 1032
each transportation improvement program and any amendments 1033
thereto. 1034
(g) The Department of Economic Opportunity shall review 1035
the annual transportation improvement program of each M.P.O. for 1036
consistency with the approved local government comprehensive 1037
plans of the units of local government whose boundaries are 1038
within the metropolitan area of each M.P.O. and shall identify 1039
those projects that are inconsistent with such comprehensive 1040
plans. The Department of Economic Opportunity shall notify an 1041
M.P.O. of any transportation projects contained in its 1042
transportation improvement program which are inconsistent with 1043
the approved local government comprehensive plans of the units 1044
of local government whose bo undaries are within the metropolitan 1045
area of the M.P.O. 1046
(h) The M.P.O. shall annually publish or otherwise make 1047
available for public review the annual listing of projects for 1048
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which federal funds have been obligated in the preceding year. 1049
Project monitoring systems must be maintained by those agencies 1050
responsible for obligating federal funds and made accessible to 1051
the M.P.O.'s. 1052
(10) AGREEMENTS; ACCOUNTABILITY. — 1053
(a) Each M.P.O. may execute a written agreement with the 1054
department, which shall be reviewed , and updated as necessary, 1055
every 5 years, which clearly establishes the cooperative 1056
relationship essential to accomplish the transportation planning 1057
requirements of state and federal law. Roles, responsibilities, 1058
and expectations for accomplishing consist ency with federal and 1059
state requirements and priorities must be described and 1060
formalized in the agreement. The agreement shall describe and 1061
formalize the M.P.O.'s responsibility, in collaboration with the 1062
department, to identify, prioritize, and present to the 1063
department a complete list of multimodal transportation projects 1064
consistent with the needs of the metropolitan planning area. It 1065
is the department's responsibility to program projects in the 1066
state transportation improvement program. 1067
(b) The department shall establish, in collaboration with 1068
the M.P.O.'s, quality performance metrics such as safety, 1069
infrastructure condition, congestion relief, and mobility. Each 1070
M.P.O. must, as part of its long -range transportation plan, in 1071
direct coordination with the department, develop targets for 1072
each performance measure within the metropolitan planning area 1073
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boundary. The performance targets must support efficient and 1074
safe movement of people and goods both within the metropolitan 1075
planning area and between regions. Ea ch M.P.O. must report 1076
progress toward establishing performance targets for each 1077
measure annually in its transportation improvement plan. The 1078
department shall evaluate and post on its website whether each 1079
M.P.O. has made significant progress toward its targ et for the 1080
applicable reporting period. 1081
(11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL. — 1082
(a) A Metropolitan Planning Organization Advisory Council 1083
is created to augment, and not supplant, the role of the 1084
individual M.P.O.'s in the cooperative transportation planning 1085
process described in this section. 1086
(b) The council shall consist of one representative from 1087
each M.P.O. and shall elect a chairperson annually from its 1088
number. Each M.P.O. shall also elect an alternate representative 1089
from each M.P.O. to vote in the absence of the representative. 1090
Members of the council do not receive any compensation for their 1091
services, but may be reimbursed from funds made available to 1092
council members for travel and per diem expenses incurred in the 1093
performance of their council duties as provided in s. 112.061. 1094
(c) The powers and duties of the Metropolitan Planning 1095
Organization Advisory Council are to: 1096
1. Establish bylaws by action of its governing board 1097
providing procedural rules to guide its proceedings and 1098
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consideration of matters before the council, or, alternatively, 1099
adopt rules pursuant to ss. 120.536(1) and 120.54 to implement 1100
provisions of law conferring powers or duties upon it. 1101
2. Assist M.P.O.'s in carrying out the urbanized area 1102
transportation planning process by serving as the principal 1103
forum for collective policy discussion pursuant to law. 1104
3. Serve as a clearinghouse for review and comment by 1105
M.P.O.'s on the Florida Transportation Plan and on other issues 1106
required to comply with federal or stat e law in carrying out the 1107
urbanized area transportation and systematic planning processes 1108
instituted pursuant to s. 339.155. The council must also report 1109
annually to the Florida Transportation Commission on the 1110
alignment of M.P.O. long -range transportation plans with the 1111
Florida Transportation Plan. 1112
4. Employ an executive director and such other staff as 1113
necessary to perform adequately the functions of the council, 1114
within budgetary limitations. The executive director and staff 1115
are exempt from part II of chapter 110 and serve at the 1116
direction and control of the council. The council is assigned to 1117
the Office of the Secretary of the Department of Transportation 1118
for fiscal and accountability purposes, but it shall otherwise 1119
function independently of the contr ol and direction of the 1120
department. 1121
5. Deliver training on federal and state program 1122
requirements and procedures to M.P.O. board members and M.P.O. 1123
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staff. 1124
6. Adopt an agency strategic plan that prioritizes steps 1125
the agency will take to carry out its mi ssion within the context 1126
of the state comprehensive plan and any other statutory mandates 1127
and directives. 1128
(d) The Metropolitan Planning Organization Advisory 1129
Council may enter into contracts in accordance with chapter 287 1130
to support the activities descri bed in paragraph (c). Lobbying 1131
and the acceptance of funds, grants, assistance, gifts, or 1132
bequests from private, local, state, or federal sources are 1133
prohibited. 1134
Section 13. Subsection (6) of section 28.37, Florida 1135
Statutes, is amended to read: 1136
28.37 Fines, fees, service charges, and costs remitted to 1137
the state.— 1138
(6) Ten percent of all court -related fines collected by 1139
the clerk, except for penalties or fines distributed to counties 1140
or municipalities under s. 316.0083(1)(b)3. or s. 318.18(16)(a) 1141
s. 318.18(15)(a), must be deposited into the fine and forfeiture 1142
fund to be used exclusively for clerk court -related functions, 1143
as provided in s. 28.35(3)(a). 1144
Section 14. Paragraph (c) of subsection (1) of section 1145
142.01, Florida Statutes, is amended to r ead: 1146
142.01 Fine and forfeiture fund; disposition of revenue; 1147
clerk of the circuit court. — 1148
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(1) There shall be established by the clerk of the circuit 1149
court in each county of this state a separate fund to be known 1150
as the fine and forfeiture fund for use by the clerk of the 1151
circuit court in performing court -related functions. The fund 1152
shall consist of the following: 1153
(c) Court costs pursuant to ss. 28.2402(1)(b), 1154
34.045(1)(b), 318.14(10)(b), 318.18(12)(a) 318.18(11)(a), 1155
327.73(9)(a) and (11)(a), and 938. 05(3). 1156
Section 15. Subsection (4) of section 316.1951, Florida 1157
Statutes, is amended to read: 1158
316.1951 Parking for certain purposes prohibited; sale of 1159
motor vehicles; prohibited acts. — 1160
(4) A local government may adopt an ordinance to allow the 1161
towing of a motor vehicle parked in violation of this section. A 1162
law enforcement officer, compliance officer, code enforcement 1163
officer from any local government agency, or supervisor of the 1164
department may issue a citation and cause to be immediately 1165
removed at the owner's expense any motor vehicle found in 1166
violation of subsection (1), except as provided in subsections 1167
(2) and (3), or in violation of subsection (5), subsection (6), 1168
subsection (7), or subsection (8), and the owner shall be 1169
assessed a penalty as p rovided in s. 318.18(22) s. 318.18(21) by 1170
the government agency or authority that orders immediate removal 1171
of the motor vehicle. A motor vehicle removed under this section 1172
shall not be released from an impound or towing and storage 1173
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facility before a releas e form prescribed by the department has 1174
been completed verifying that the fine has been paid to the 1175
government agency or authority that ordered immediate removal of 1176
the motor vehicle. However, the owner may pay towing and storage 1177
charges to the towing and storage facility pursuant to s. 713.78 1178
before payment of the fine or before the release form has been 1179
completed. 1180
Section 16. Subsection (4) of section 316.306, Florida 1181
Statutes, is amended to read: 1182
316.306 School and work zones; prohibition on the us e of a 1183
wireless communications device in a handheld manner. — 1184
(4)(a) Any person who violates this section commits a 1185
noncriminal traffic infraction, punishable as a moving 1186
violation, as provided in chapter 318, and shall have 3 points 1187
assessed against his or her driver license as set forth in s. 1188
322.27(3)(d)8. s. 322.27(3)(d)7. For a first offense under this 1189
section, in lieu of the penalty specified in s. 318.18 and the 1190
assessment of points, a person who violates this section may 1191
elect to participate in a w ireless communications device driving 1192
safety program approved by the Department of Highway Safety and 1193
Motor Vehicles. Upon completion of such program, the penalty 1194
specified in s. 318.18 and associated costs may be waived by the 1195
clerk of the court and the a ssessment of points must be waived. 1196
(b) The clerk of the court may dismiss a case and assess 1197
court costs in accordance with s. 318.18(12)(a) s. 318.18(11)(a) 1198
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for a nonmoving traffic infraction for a person who is cited for 1199
a first time violation of this section if the person shows the 1200
clerk proof of purchase of equipment that enables his or her 1201
personal wireless communications device to be used in a hands -1202
free manner. 1203
Section 17. Subsection (7) of section 316.622, Florida 1204
Statutes, is amended to read: 1205
316.622 Farm labor vehicles. — 1206
(7) A violation of this section is a noncriminal traffic 1207
infraction, punishable as provided in s. 318.18(17) s. 1208
318.18(16). 1209
Section 18. Section 318.121, Florida Statutes, is amended 1210
to read: 1211
318.121 Preemption of ad ditional fees, fines, surcharges, 1212
and costs.—Notwithstanding any general or special law, or 1213
municipal or county ordinance, additional fees, fines, 1214
surcharges, or costs other than the court costs and surcharges 1215
assessed under s. 318.18(12), (14), (19), (20) , and (23) s. 1216
318.18(11), (13), (18), (19), and (22) may not be added to the 1217
civil traffic penalties assessed under this chapter. 1218
Section 19. Subsections (13), (16) through (19), and (21) 1219
of section 318.21, Florida Statutes, are amended to read: 1220
318.21 Disposition of civil penalties by county courts. —1221
All civil penalties received by a county court pursuant to the 1222
provisions of this chapter shall be distributed and paid monthly 1223
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as follows: 1224
(13) Of the proceeds from the fine under s. 318.18(16) s. 1225
318.18(15), $65 shall be remitted to the Department of Revenue 1226
for deposit into the Administrative Trust Fund of the Department 1227
of Health and the remaining $60 shall be distributed pursuant to 1228
subsections (1) and (2). 1229
(16) The proceeds from the fines describ ed in s. 1230
318.18(17) s. 318.18(16) shall be remitted to the law 1231
enforcement agency that issues the citation for a violation of 1232
s. 316.622. The funds must be used for continued education and 1233
enforcement of s. 316.622 and other related safety measures 1234
contained in chapter 316. 1235
(17) Notwithstanding subsections (1) and (2), the proceeds 1236
from the surcharge imposed under s. 318.18(18) s. 318.18(17) 1237
shall be distributed as provided in that subsection. This 1238
subsection expires July 1, 2026. 1239
(18) Notwithstanding s ubsections (1) and (2), the proceeds 1240
from the administrative fee imposed under s. 318.18(19) s. 1241
318.18(18) shall be distributed as provided in that subsection. 1242
(19) Notwithstanding subsections (1) and (2), the proceeds 1243
from the Article V assessment imposed under s. 318.18(20) s. 1244
318.18(19) shall be distributed as provided in that subsection. 1245
(21) Notwithstanding subsections (1) and (2), the proceeds 1246
from the additional penalties imposed pursuant to s. 1247
318.18(5)(c) and (21) (20) shall be distributed as provided in 1248
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that section. 1249
Section 20. Paragraph (d) of subsection (3) of section 1250
322.27, Florida Statutes, is amended to read: 1251
322.27 Authority of departmen t to suspend or revoke driver 1252
license or identification card. — 1253
(3) There is established a point system for evaluation of 1254
convictions of violations of motor vehicle laws or ordinances, 1255
and violations of applicable provisions of s. 403.413(6)(b) when 1256
such violations involve the use of motor vehicles, for the 1257
determination of the continuing qualification of any person to 1258
operate a motor vehicle. The department is authorized to suspend 1259
the license of any person upon showing of its records or other 1260
good and sufficient evidence that the licensee has been 1261
convicted of violation of motor vehicle laws or ordinances, or 1262
applicable provisions of s. 403.413(6)(b), amounting to 12 or 1263
more points as determined by the point system. The suspension 1264
shall be for a period of not more than 1 year. 1265
(d) The point system shall have as its basic element a 1266
graduated scale of points assigning relative values to 1267
convictions of the following violations: 1268
1. Reckless driving, willful and wanton —4 points. 1269
2. Leaving the scene of a crash resulting in property 1270
damage of more than $50 —6 points. 1271
3. Unlawful speed, or unlawful use of a wireless 1272
communications device, resulting in a crash —6 points. 1273
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4. Passing a stopped school bus: 1274
a. Not causing or resulting in serious bodily injury to or 1275
death of another—4 points. 1276
b. Causing or resulting in serious bodily injury to or 1277
death of another—6 points. 1278
c. Points may not be imposed for a violation of passing a 1279
stopped school bus as provided in s. 316.172(1)(a) or (b) when 1280
enforced by a school bus infraction detection system pursuant s. 1281
316.173. In addition, a violation of s. 316.172(1)(a) or (b) 1282
when enforced by a school bus infraction detection system 1283
pursuant to s. 316.173 may not be used for purposes of setting 1284
motor vehicle insurance rates. 1285
5. Unlawful speed: 1286
a. Not in excess of 15 miles per hour of lawful or posted 1287
speed—3 points. 1288
b. In excess of 15 miles per hour of lawful or posted 1289
speed—4 points. 1290
c. Points may not be imposed for a violation of unlawful 1291
speed as provided in s. 316.1895 or s. 316.183 when enforced by 1292
a traffic infraction enforcement officer pursuant to s. 1293
316.1896. In addition, a violation of s. 316.1895 or s. 316.183 1294
when enforced by a traffic infraction enforcement officer 1295
pursuant to s. 316.1896 may not be used for purposes of setting 1296
motor vehicle insurance rates. 1297
6. A violation of a traffic control signal device as 1298
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provided in s. 316.074(1) or s. 316.075(1)(c)1. —4 points. 1299
However, points may not be imposed for a violation of s. 1300
316.074(1) or s. 316.075(1 )(c)1. when a driver has failed to 1301
stop at a traffic signal and when enforced by a traffic 1302
infraction enforcement officer. In addition, a violation of s. 1303
316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 1304
stop at a traffic signal and when enforce d by a traffic 1305
infraction enforcement officer may not be used for purposes of 1306
setting motor vehicle insurance rates. 1307
7. Unlawfully driving a vehicle through a railroad -highway 1308
grade crossing—6 points. 1309
8.7. All other moving violations (including parking on a 1310
highway outside the limits of a municipality) —3 points. However, 1311
points may not be imposed for a violation of s. 316.0741 or s. 1312
316.2065(11); and points may be imposed for a violation of s. 1313
316.1001 only when imposed by the court after a hearing purs uant 1314
to s. 318.14(5). 1315
9.8. Any moving violation covered in this paragraph, 1316
excluding unlawful speed and unlawful use of a wireless 1317
communications device, resulting in a crash —4 points. 1318
10.9. Any conviction under s. 403.413(6)(b) —3 points. 1319
11.10. Any conviction under s. 316.0775(2) —4 points. 1320
12.11. A moving violation covered in this paragraph which 1321
is committed in conjunction with the unlawful use of a wireless 1322
communications device within a school safety zone —2 points, in 1323
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addition to the points assi gned for the moving violation. 1324
Section 21. Subsections (15) and (16) of section 331.3051, 1325
Florida Statutes, are renumbered as subsections (14) and (15), 1326
respectively, and subsections (2), (3), (6), and (13) and 1327
present subsections (14) and (15) of that section are amended to 1328
read: 1329
331.3051 Duties of Space Florida. —Space Florida shall: 1330
(2) Enter into agreement with the Department of Education, 1331
the Department of Transportation, the Department of Commerce 1332
Economic Opportunity , and CareerSource Florida, Inc., for the 1333
purpose of implementing this act. 1334
(3) In cooperation with the Department of Commerce 1335
Economic Opportunity , develop a plan to retain, expand, attract, 1336
and create aerospace industry entities, public or private, which 1337
results in the creation of high-value-added businesses and jobs 1338
in this state. 1339
(6) Develop, in cooperation with the Department of 1340
Commerce Economic Opportunity , a plan to provide financing 1341
assistance to aerospace businesses. The plan may include the 1342
following activities: 1343
(a) Assembling, publishing, and disseminating information 1344
concerning financing opportunities and techniques for aerospace 1345
projects, programs, and activities; sources of public and 1346
private aerospace financing assistance; and sources of 1347
aerospace-related financing. 1348
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(b) Organizing, hosting, and participating in seminars and 1349
other forums designed to disseminate information and technical 1350
assistance regarding aerospace -related financing. 1351
(c) Coordinating with programs and goals of the Department 1352
of Defense, the National Aeronautics and Space Administration, 1353
the Export-Import Bank of the United States, the International 1354
Trade Administration of the United States Department of 1355
Commerce, the Foreign Credit Insurance Association, and other 1356
private and public programs a nd organizations, domestic and 1357
foreign. 1358
(d) Establishing a network of contacts among those 1359
domestic and foreign public and private organizations that 1360
provide information, technical assistance, and financial support 1361
to the aerospace industry. 1362
(e) Financing aerospace business development projects or 1363
initiatives using funds provided by the Legislature. 1364
(13) Partner with the Division of Workforce Services of 1365
the Department of Commerce Economic Opportunity , CareerSource 1366
Florida, Inc., and local workforce d evelopment boards to support 1367
initiatives that address the high technology skills and staff 1368
resources needed to better promote the state's efforts in 1369
becoming the nation's leader in aerospace and space exploration. 1370
(14) Partner with the Metropolitan Plann ing Organization 1371
Advisory Council to coordinate and specify how aerospace 1372
planning and programming will be part of the state's cooperative 1373
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transportation planning process. 1374
(14)(15) By October 1, 2023, and each year thereafter, 1375
submit to the Department of Commerce Economic Opportunity for 1376
inclusion in the annual report required under s. 20.60 a 1377
complete and detailed written report setting forth: 1378
(a) Its operations and accomplishments during the fiscal 1379
year. 1380
(b) Accomplishments and progress concerning t he 1381
implementation of the spaceport master plan and other measurable 1382
goals, and any updates to such plan and measurable goals. 1383
(c) Any other information required by the Department of 1384
Commerce Economic Opportunity . 1385
Section 22. Paragraph (e) of subsecti on (2) of section 1386
331.310, Florida Statutes, is amended to read: 1387
331.310 Powers and duties of the board of directors. — 1388
(2) The board of directors shall: 1389
(e) Prepare an annual report of operations as a supplement 1390
to the annual report required under s. 331.3051(15) s. 1391
331.3051(16). The report must include, but not be limited to, a 1392
balance sheet, an income statement, a statement of changes in 1393
financial position, a reconciliation of changes in equity 1394
accounts, a summary of significant accounting principle s, the 1395
auditor's report, a summary of the status of existing and 1396
proposed bonding projects, comments from management about the 1397
year's business, and prospects for the next year. 1398
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Section 23. Subsection (1) of section 395.4036, Florida 1399
Statutes, is amended to read: 1400
395.4036 Trauma payments. — 1401
(1) Recognizing the Legislature's stated intent to provide 1402
financial support to the current verified trauma centers and to 1403
provide incentives for the establishment of additional trauma 1404
centers as part of a system o f state-sponsored trauma centers, 1405
the department shall utilize funds collected under s. 318.18 and 1406
deposited into the Emergency Medical Services Trust Fund of the 1407
department to ensure the availability and accessibility of 1408
trauma services throughout the sta te as provided in this 1409
subsection. 1410
(a) Funds collected under s. 318.18(16) s. 318.18(15) 1411
shall be distributed as follows: 1412
1. Twenty percent of the total funds collected during the 1413
state fiscal year shall be distributed to verified trauma 1414
centers that have a local funding contribution as of December 1415
31. Distribution of funds under this subparagraph shall be based 1416
on trauma caseload volume for the most recent calendar year 1417
available. 1418
2. Forty percent of the total funds collected shall be 1419
distributed to verified trauma centers based on trauma caseload 1420
volume for the most recent calendar year available. The 1421
determination of caseload volume for distribution of funds under 1422
this subparagraph shall be based on the hospital discharge data 1423
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for patients who meet the criteria for classification as a 1424
trauma patient reported by each trauma center pursuant to s. 1425
408.061. 1426
3. Forty percent of the total funds collected shall be 1427
distributed to verified trauma centers based on severity of 1428
trauma patients for the most rec ent calendar year available. The 1429
determination of severity for distribution of funds under this 1430
subparagraph shall be based on the department's International 1431
Classification Injury Severity Scores or another statistically 1432
valid and scientifically accepted m ethod of stratifying a trauma 1433
patient's severity of injury, risk of mortality, and resource 1434
consumption as adopted by the department by rule, weighted based 1435
on the costs associated with and incurred by the trauma center 1436
in treating trauma patients. The wei ghting of scores shall be 1437
established by the department by rule. 1438
(b) Funds collected under s. 318.18(5)(c) and (21) (20) 1439
shall be distributed as follows: 1440
1. Thirty percent of the total funds collected shall be 1441
distributed to Level II trauma centers ope rated by a public 1442
hospital governed by an elected board of directors as of 1443
December 31, 2008. 1444
2. Thirty-five percent of the total funds collected shall 1445
be distributed to verified trauma centers based on trauma 1446
caseload volume for the most recent calendar year available. The 1447
determination of caseload volume for distribution of funds under 1448
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this subparagraph shall be based on the hospital discharge data 1449
for patients who meet the criteria for classification as a 1450
trauma patient reported by each trauma center p ursuant to s. 1451
408.061. 1452
3. Thirty-five percent of the total funds collected shall 1453
be distributed to verified trauma centers based on severity of 1454
trauma patients for the most recent calendar year available. The 1455
determination of severity for distribution of funds under this 1456
subparagraph shall be based on the department's International 1457
Classification Injury Severity Scores or another statistically 1458
valid and scientifically accepted method of stratifying a trauma 1459
patient's severity of injury, risk of mortality, and resource 1460
consumption as adopted by the department by rule, weighted based 1461
on the costs associated with and incurred by the trauma center 1462
in treating trauma patients. The weighting of scores shall be 1463
established by the department by rule. 1464
Section 24. By October 31, 2024, the Department of 1465
Transportation shall submit to the Governor, the President of 1466
the Senate, and the Speaker of the House of Representatives a 1467
report that provides a comprehensive review of the boundaries of 1468
each of the department's districts and whether any district's 1469
boundaries should be redrawn as a result of population growth 1470
and increased urban density. 1471
Section 25. By October 1, 2024, the Department of Highway 1472
Safety and Motor Vehicles must begin implementation of a 1473
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redesigned registration license plate required by s. 1474
320.06(3)(a), Florida Statutes. Design options must be shared 1475
with the President of the Senate and the Speaker of the House of 1476
Representatives for input before final selection. The redesign 1477
does not apply to specialty license plates. In redesigning the 1478
plate, the department must replace the current graphic and 1479
remove the term "MYFLORIDA.COM" and replace it solely with the 1480
word "FLORIDA." The department must coordinate with the 1481
Department of Transportation to ensure the legibility of the 1482
redesigned registration license plate and must also consider 1483
adding an additional character to the registration license plate 1484
due to the state's continued economic growth. 1485
Section 26. This act shall take effect July 1, 2024. 1486