1997 Florida Code
TITLE XXVI PUBLIC TRANSPORTATION
Chapter 339 Transportation Finance And Planning  
339.155   Transportation planning.

339.155  Transportation planning.--The department shall develop and annually update a statewide transportation plan, to be known as the Florida Transportation Plan. The plan shall be designed so as to be easily read and understood by the general public.

(1)  PURPOSE.--The purpose of the Florida Transportation Plan is to establish the long-range goals of the department to be accomplished over a period of at least 20 years within the context of the State Comprehensive Plan and any other statutory mandates and authorizations given to the department. The plan shall define the relationship between the long-range goals and the short-range objectives, and specify those objectives against which the department's achievement of such goals will be measured. The plan shall provide a policy framework within which the department's legislative budget request, the strategic information resource management plan, and the work program are developed.

(2)  DEVELOPMENT CRITERIA.--The Florida Transportation Plan shall consider the needs of the entire state transportation system, examine the use of all modes of transportation to effectively and efficiently meet such needs, and provide for the interconnection of all types of modes in a comprehensive intermodal transportation system. In developing the Florida Transportation Plan, the department shall consider the following:

(a)  The results of the management systems required pursuant to federal laws and regulations.

(b)  Any federal, state, or local energy use goals, objectives, programs, or requirements.

(c)  Strategies for incorporating bicycle transportation facilities and pedestrian walkways in projects where appropriate throughout the state.

(d)  International border crossings and access to ports, airports, intermodal transportation facilities, major freight distribution routes, national parks, recreation and scenic areas, monuments and historic sites, and military installations.

(e)  The transportation needs of nonmetropolitan areas through a process that includes consultation with local elected officials with jurisdiction over transportation.

(f)  Consistency of the plan, to the maximum extent feasible, with strategic regional policy plans, metropolitan planning organization plans, and approved local government comprehensive plans so as to contribute to the management of orderly and coordinated community development.

(g)  Connectivity between metropolitan areas within the state and with metropolitan areas in other states.

(h)  Recreational travel and tourism.

(i)  Any state plan developed pursuant to the Federal Water Pollution Control Act.

(j)  Transportation system management and investment strategies designed to make the most efficient use of existing transportation facilities.

(k)  The total social, economic, energy, and environmental effects of transportation decisions on the community and region.

(l)  Methods to manage traffic congestion and to prevent traffic congestion from developing in areas where it does not yet occur, including methods which reduce motor vehicle travel, particularly single-occupant vehicle travel.

(m)  Methods to expand and enhance transit services and to increase the use of such services.

(n)  The effect of transportation decisions on land use and land development, including the need for consistency between transportation decisionmaking and the provisions of all applicable short-range and long-range land use and development plans.

(o)  Where appropriate, the use of innovative mechanisms for financing projects, including value capture pricing, tolls, and congestion pricing.

(p)  Preservation and management of rights-of-way for construction of future transportation projects, including identification of unused rights-of-way which may be needed for future transportation corridors, and identification of those corridors for which action is most needed to prevent destruction or loss.

(q)  Future, as well as existing, needs of the state transportation system.

(r)  Methods to enhance the efficient movement of commercial motor vehicles.

(s)  The use of life-cycle costs in the design and engineering of bridges, tunnels, or pavement.

(t)  Investment strategies to improve adjoining state and local roads that support rural economic growth and tourism development, federal agency renewable resources management, and multipurpose land management practices, including recreation development.

(u)  The concerns of Indian tribal governments having jurisdiction over lands within the boundaries of the state.

(v)  A seaport or airport master plan, which has been incorporated into an approved local government comprehensive plan, and the linkage of transportation modes described in such plan which are needed to provide for the movement of goods and passengers between the seaport or airport and the other transportation facilities.

(w)  The joint use of transportation corridors and major transportation facilities for alternate transportation and community uses.

(x)  The integration of any proposed system into all other types of transportation facilities in the community.

(3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida Transportation Plan shall be a unified, concise planning document that clearly defines the state's long-range transportation goals and objectives and documents the department's short-range objectives developed to further such goals and objectives. The plan shall include a glossary that clearly and succinctly defines any and all phrases, words, or terms of art included in the plan, with which the general public may be unfamiliar and shall consist of, at a minimum, the following components:

(a)  A long-range component documenting the goals and long-term objectives necessary to implement the results of the department's findings from its examination of the criteria listed in subsection (2). The long-range component must be reconciled, to the maximum extent feasible, with the long-range plans developed by metropolitan planning organizations pursuant to s. 339.175. The plan must provide an examination of transportation issues likely to arise during at least a 20-year period. The long-range component shall be updated at least once every 5 years, or more often as necessary, to reflect substantive changes to federal or state law.

(b)  A short-range component documenting the short-term objectives and strategies necessary to implement the long-term objectives contained in the long-range component. The short-range component shall serve as the department's annual agency strategic plan pursuant to s. 186.021. The short-range component shall be developed consistent with the requirements of s. 186.022 and consistent with available and forecasted state and federal funds. In addition to those entities listed in s. 186.022, the short-range component shall also be submitted to the Florida Transportation Commission.

(4)  ANNUAL PERFORMANCE REPORT.--The department shall develop an annual performance report evaluating the operation of the department for the preceding fiscal year. The report, which shall meet the requirements of s. 186.022, shall also include a summary of the financial operations of the department and shall annually evaluate how well the adopted work program meets the short-term objectives contained in the short-range component of the Florida Transportation Plan. In addition to the entities listed in s. 186.022, this performance report shall also be submitted to the Florida Transportation Commission and the legislative appropriations and transportation committees.

(5)  ADDITIONAL TRANSPORTATION PLANS.--

(a)  Upon request by local governmental entities, the department may in its discretion develop and design transportation corridors, arterial and collector streets, vehicular parking areas, and other support facilities which are consistent with the plans of the department for major transportation facilities. The department may render to local governmental entities or their planning agencies such technical assistance and services as are necessary so that local plans and facilities are coordinated with the plans and facilities of the department.

(b)  Each regional planning council, as provided for in s. 186.504, or any successor agency thereto, shall develop, as an element of its strategic regional policy plan, transportation goals and policies. The transportation goals and policies shall be consistent, to the maximum extent feasible, with the goals and policies of the metropolitan planning organization and the Florida Transportation Plan. The transportation goals and policies of the regional planning council will be advisory only and shall be submitted to the department and any affected metropolitan planning organization for their consideration and comments. Metropolitan planning organization plans and other local transportation plans shall be developed consistent, to the maximum extent feasible, with the regional transportation goals and policies. The regional planning council shall review urbanized area transportation plans and any other planning products stipulated in s. 339.175 and provide the department and respective metropolitan planning organizations with written recommendations which the department and the metropolitan planning organizations shall take under advisement. Further, the regional planning councils shall directly assist local governments which are not part of a metropolitan area transportation planning process in the development of the transportation element of their comprehensive plans as required by s. 163.3177.

(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN TRANSPORTATION PLANNING.--

(a)  During the development of the long-range component of the Florida Transportation Plan, and prior to adoption of all subsequent amendments, the department shall provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private providers of transportation, and other known interested parties with an opportunity to comment on the proposed plan or amendments. This hearing shall include presentation and discussion of the factors listed in subsection (2) and shall include, at a minimum, publishing a notice in the Florida Administrative Weekly and within a newspaper of general circulation within the area of each department district office. These notices shall be published twice prior to the day of the hearing, with the first notice appearing at least 14 days prior to the hearing.

(b)  During development of major transportation improvements, such as those increasing the capacity of a facility through the addition of new lanes or providing new access to a limited or controlled access facility or construction of a facility in a new location, the department shall hold one or more hearings prior to the selection of the facility to be provided; prior to the selection of the site or corridor of the proposed facility; and prior to the selection of and commitment to a specific design proposal for the proposed facility. Such public hearings shall be conducted so as to provide an opportunity for effective participation by interested persons in the process of transportation planning and site and route selection and in the specific location and design of transportation facilities. The various factors involved in the decision or decisions and any alternative proposals shall be clearly presented so that the persons attending the hearing may present their views relating to the decision or decisions which will be made.

(c)  Opportunity for design hearings:

1.  The department, prior to holding a design hearing, shall duly notice all affected property owners of record, as recorded in the property appraiser's office, by mail at least 20 days prior to the date set for the hearing. The affected property owners shall be:

a.  Those whose property lies in whole or in part within 300 feet on either side of the centerline of the proposed facility.

b.  Those who the department determines will be substantially affected environmentally, economically, socially, or safetywise.

2.  For each subsequent hearing, the department shall daily publish notice at least 14 days immediately prior to the hearing date in a newspaper of general circulation for the area affected.

3.  A copy of the notice of opportunity for the hearing shall be furnished to the United States Department of Transportation and to the appropriate departments of the state government at the time of publication.

4.  The opportunity for another hearing shall be afforded in any case when proposed locations or designs are so changed from those presented in the notices specified above or at a hearing as to have a substantially different social, economic, or environmental effect.

5.  The opportunity for a hearing shall be afforded in each case in which the department is in doubt as to whether a hearing is required.

History.--s. 3, ch. 70-996; s. 1, ch. 73-355; s. 1, ch. 77-102; s. 218, ch. 84-309; s. 2, ch. 84-332; s. 19, ch. 85-81; s. 22, ch. 88-168; s. 5, ch. 89-301; s. 36, ch. 90-136; s. 3, ch. 92-152; s. 3, ch. 93-164; s. 49, ch. 94-237; s. 8, ch. 95-149; s. 53, ch. 95-257.

Note.--Former s. 334.211.