Bill Text: FL S0984 | 2018 | Regular Session | Introduced


Bill Title: Metropolitan Planning Organizations

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-03-10 - Died in Transportation [S0984 Detail]

Download: Florida-2018-S0984-Introduced.html
       Florida Senate - 2018                                     SB 984
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01028-18                                            2018984__
    1                        A bill to be entitled                      
    2         An act relating to metropolitan planning
    3         organizations; amending s. 339.175, F.S.; requiring
    4         the voting membership of a metropolitan planning
    5         organization (M.P.O.) that is designated before a
    6         specified date to consist of a certain number of
    7         apportioned members, subject to certain requirements;
    8         requiring the voting membership of an M.P.O.
    9         designated on or after a specified date as a result of
   10         a combination or merger of previously separate
   11         M.P.O.'s to consist of a certain number of members,
   12         subject to certain requirements; authorizing the
   13         Governor to allow M.P.O. members who represent
   14         municipalities to alternate with representatives from
   15         other municipalities within the metropolitan planning
   16         area which do not have members on the M.P.O.;
   17         providing requirements for voting members; authorizing
   18         an M.P.O. to include certain voting members;
   19         conforming a term; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (3) and paragraph (b) of subsection
   24  (4) of section 339.175, Florida Statutes, are amended to read:
   25         339.175 Metropolitan planning organization.—
   26         (3) VOTING MEMBERSHIP.—
   27         (a) The voting membership of an M.P.O. that is designated
   28  before July 1, 2018, shall consist of at least 5 but not more
   29  than 25 apportioned members, with the exact number determined on
   30  an equitable geographic-population ratio basis, based on an
   31  agreement among the affected units of general-purpose local
   32  government and the Governor, as required by federal regulations.
   33  In accordance with 23 U.S.C. s. 134, the Governor may also allow
   34  M.P.O. members who represent municipalities to alternate with
   35  representatives from other municipalities within the
   36  metropolitan planning area which do not have members on the
   37  M.P.O. With the exception of instances in which all of the
   38  county commissioners in a single-county M.P.O. are members of
   39  the M.P.O. governing board, county commissioners shall compose
   40  at least one-third of the M.P.O. governing board membership. A
   41  multicounty M.P.O. may satisfy this requirement by any
   42  combination of county commissioners from each of the counties
   43  constituting the M.P.O. Voting members shall be elected
   44  officials of general-purpose local governments, one of whom may
   45  represent a group of general-purpose local governments through
   46  an entity created by an M.P.O. for that purpose. An M.P.O. may
   47  include, as part of its apportioned voting members, a member of
   48  a statutorily authorized planning board, an official of an
   49  agency that operates or administers a major mode of
   50  transportation, or an official of Space Florida. As used in this
   51  section, the term “elected officials of a general-purpose local
   52  governments government” excludes constitutional officers,
   53  including sheriffs, tax collectors, supervisors of elections,
   54  property appraisers, clerks of the court, and similar types of
   55  officials. County commissioners shall compose not less than 20
   56  percent of the M.P.O. membership if an official of an agency
   57  that operates or administers a major mode of transportation has
   58  been appointed to an M.P.O.
   59         (b)The voting membership of an M.P.O. designated on or
   60  after July 1, 2018, as a result of a combination or merger of
   61  previously separate M.P.O.’s, shall consist of at least five
   62  members, with the exact number determined on an equitable
   63  geographic-population ratio basis, based on an agreement among
   64  the affected units of general-purpose local government and the
   65  Governor, as required by federal regulations. In accordance with
   66  23 U.S.C. s. 134, the Governor may allow M.P.O. members who
   67  represent municipalities to alternate with representatives from
   68  other municipalities within the metropolitan planning area which
   69  do not have members on the M.P.O. Voting members must be elected
   70  officials of general-purpose local governments, one of whom may
   71  represent a group of general-purpose local governments through
   72  an entity created by an M.P.O. for that purpose. An M.P.O. may
   73  include, as part of its apportioned voting members, a member of
   74  a statutorily authorized planning board, an official of an
   75  agency that operates or administers a major mode of
   76  transportation, or an official of Space Florida.
   77         (c)(b) In metropolitan areas in which authorities or other
   78  agencies have been or may be created by law to perform
   79  transportation functions and are or will be performing
   80  transportation functions that are not under the jurisdiction of
   81  a general-purpose local government represented on the M.P.O.,
   82  such authorities or other agencies may be provided voting
   83  membership on the M.P.O. In all other M.P.O.’s in which
   84  transportation authorities or agencies are to be represented by
   85  elected officials of from general-purpose local governments, the
   86  M.P.O. shall establish a process by which the collective
   87  interests of such authorities or other agencies are expressed
   88  and conveyed.
   89         (d)(c) Any other provision of this section to the contrary
   90  notwithstanding, a chartered county with over 1 million
   91  population may elect to reapportion the membership of an M.P.O.
   92  whose jurisdiction is wholly within the county. The charter
   93  county may exercise the provisions of this paragraph if:
   94         1. The M.P.O. approves the reapportionment plan by a three
   95  fourths vote of its membership;
   96         2. The M.P.O. and the charter county determine that the
   97  reapportionment plan is needed to fulfill specific goals and
   98  policies applicable to that metropolitan planning area; and
   99         3. The charter county determines the reapportionment plan
  100  otherwise complies with all federal requirements pertaining to
  101  M.P.O. membership.
  102  
  103  Any charter county that elects to exercise the provisions of
  104  this paragraph shall notify the Governor in writing.
  105         (e)(d) Any other provision of this section to the contrary
  106  notwithstanding, any county chartered under s. 6(e), Art. VIII
  107  of the State Constitution may elect to have its county
  108  commission serve as the M.P.O., if the M.P.O. jurisdiction is
  109  wholly contained within the county. Any charter county that
  110  elects to exercise the provisions of this paragraph shall so
  111  notify the Governor in writing. Upon receipt of such
  112  notification, the Governor must designate the county commission
  113  as the M.P.O. The Governor must appoint four additional voting
  114  members to the M.P.O., one of whom must be an elected official
  115  representing a municipality within the county, one of whom must
  116  be an expressway authority member, one of whom must be a person
  117  who does not hold elected public office and who resides in the
  118  unincorporated portion of the county, and one of whom must be a
  119  school board member.
  120         (4) APPORTIONMENT.—
  121         (b) Except for members who represent municipalities on the
  122  basis of alternating with representatives from other
  123  municipalities that do not have members on the M.P.O. as
  124  provided in paragraphs (3)(a) and (b) paragraph (3)(a), the
  125  members of an M.P.O. shall serve 4-year terms. Members who
  126  represent municipalities on the basis of alternating with
  127  representatives from other municipalities that do not have
  128  members on the M.P.O. as provided in paragraphs (3)(a) and (b)
  129  paragraph (3)(a) may serve terms of up to 4 years as further
  130  provided in the interlocal agreement described in paragraph
  131  (2)(b). The membership of a member who is a public official
  132  automatically terminates upon the member’s leaving his or her
  133  elective or appointive office for any reason, or may be
  134  terminated by a majority vote of the total membership of the
  135  entity’s governing board represented by the member. A vacancy
  136  shall be filled by the original appointing entity. A member may
  137  be reappointed for one or more additional 4-year terms.
  138         Section 2. This act shall take effect July 1, 2018.

feedback