The rule sets forth the requirements of section 341.052, F.S. (public transit block grant program; administration; eligible projects; limitation), for the recipients of the FDOT's public transit grant funds.

 

DEPARTMENT OF TRANSPORTATION

RULE NO.:RULE TITLE:

14-73.001Public Transportation

PURPOSE AND EFFECT: The rule sets forth the requirements of section 341.052, F.S. (public transit block grant program; administration; eligible projects; limitation), for the recipients of the FDOT's public transit grant funds.

SUMMARY: This rule is being amended to streamline and update the process for Florida's Public Transit Agencies that are required to submit a Transit Development Plan.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used an itemized checklist to conduct an economic analysis and determine if there would be any adverse impact or regulatory cost associated with this rule that exceeds the stated criteria. Upon review of the proposed rulemaking, the Department determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 334.044(2), 341.041(12)(b), F.S.

LAW IMPLEMENTED: 341.041, 341.051, 341.052, 341.071, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Austin Hensel, Assistant General Counsel, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-73.001 Public Transit.

(1) Purpose. This rule sets forth requirements of Section 341.052(1) and (2), F.S., for the recipients of the Department’s public transit grant funds.

(2) Definitions.

(a) “Department” means the Florida Department of Transportation.

(b) “District Office” means any of the seven geographically defined districts as set forth in Section 20.23(4)(a), F.S.

(c) “Provider” means a transit agency or a community transportation coordinator as set forth in Section 341.052, F.S.

(d) “MPO” means the Metropolitan Planning Organization or similarly named organization responsible for the federally required transportation planning processes in metropolitan areas, jointly administered by the Federal Transit Administration (FTA) and the Federal Highway Administration (FHWA) as set forth in 49 U.S.C. 5303 and 23 U.S.C. 134.

(3) Transit Development Plans (TDPs). TDPs are required for grant program recipients in Section 341.052, F.S. A TDP shall be the provider’s planning, development, and operational guidance document, based on a ten-year planning horizon and covers the year for which funding is sought and the nine subsequent years. A TDP or an annual TDP Update update shall be used in developing the Department’s five-year Work Program, the Transportation Improvement Program, and the Department’s Program and Resource Plan. A TDP shall be adopted by a provider’s governing body. Technical assistance in preparing TDPs is available from the Department. TDPs shall be updated every five years in coordination with the development of the local MPO’s Long Range Transportation Plan (LRTP) and the Metropolitan Transportation Planning process. The development of TDPs and MPO’s Long Range Transportation Plans (LRTPs) shall be coordinated using the comparable baseline year and future year data to identify the multimodal system deficiencies, considering land use, state and local transportation plans, other governmental actions and policies, and socioeconomic trends. Every five years TDPs (TDP Updates) shall include and include all the elements described below.

(a) Public Involvement Process. The TDP preparation process shall include opportunities for public involvement as outlined in a TDP public involvement plan, approved by the Department, or the local Metropolitan Planning Organization’s MPO (MPO) adopted Public Involvement Plan (PIP), approved by both the FTA Federal Transit Administration and the FHWA Federal Highway Administration. The provider is authorized to establish time limits for receipt of comments. The TDP shall include a description of the process used and the public involvement activities undertaken. As required by Section 341.052, F.S., comments must be solicited from local and regional workforce boards established under Chapter 445, F.S. The Department, the local/regional regional workforce board, local government comprehensive planning departments, and the MPO shall be advised of all public meetings where the TDP is to be presented or discussed, and shall be given an opportunity to review and comment on the TDP during the development of the proposed public transportation projects and services mission, goals, objectives, alternatives, and a ten-year implementation program.

(b) Relationship Review to Other Plans. The TDP shall consider and be consistent with the Florida Transportation Plan, the local government comprehensive plans, the MPO long-range transportation plan, and regional transportation goals and objectives. The TDP shall discuss the relationship between the public transportation Ten-Year Operating and Capital Program and other local plans.

(c) Metropolitan Transportation Planning Process Coordination Program. The TDP shall include a detailed coordination program defining collaborative participation and consistency in developing and implementing both the TDP and LRTP with the local Metropolitan Planning Organization, as well as other related MPO multi-modal planning and programming including the Unified Planning Work Program (UPWP), the Transportation Improvement Plan (TIP), and Corridor Development Studies.

(b) Situation Appraisal. The TDP is a strategic planning document and will include an appraisal of factors within and outside the provider that affect the provision of transit service. At a minimum the situation appraisal shall include:

1. The effects of land use, state and local transportation plans, other governmental actions and policies, socioeconomic trends, organizational issues, and technology on the transit system.

(d) 2. Demand Estimation An estimation of the community’s demand for transit service using the planning tools provided by the Department, or a Department approved transit demand ridership forecast software and/or estimation technique with supporting demographic, land use, transportation, and transit data. The result of the transit demand estimation process shall be a ten-year annual projection of transit ridership.

(e) 3. Land Use and Corridor Development Assessment An assessment of the extent to which the land use and urban design patterns in the provider’s service area support or hinder the efficient provision of existing and future transit services service, including any efforts being undertaken by the provider or local land use authorities to foster a more multi-modal operating environment transit-friendly operating environment. This assessment will also address priority transit corridors developed in the TDP as well as in the LRTP for consistency and coordination.

(c) Provider’s Mission and Goals. The TDP shall contain the provider’s vision, mission, goals, and objectives, taking into consideration the findings of the situation appraisal.

(d) Alternative Courses of Action. The TDP shall develop and evaluate alternative strategies and actions for achieving the provider’s goals and objectives, including the benefits and costs of each alternative. Financial alternatives, including options for new or dedicated revenue sources, shall be examined.

(e) Ten-Year Implementation Program. The TDP shall identify policies and strategies for achieving the provider’s goals and objectives and present a ten-year program for their implementation. The ten-year program shall include: maps indicating areas to be served and the type and level of service to be provided, a monitoring program to track performance measures, a ten-year financial plan listing operating and capital expenses, a capital acquisition or construction schedule, and anticipated revenues by source. The implementation program shall include a detailed list of projects or services needed to meet the goals and objectives in the TDP, including projects for which funding may not have been identified.

(f) A Ten-Year Operating and Capital Program. This program shall include:

1. A ten-year schedule of projects that identifies the provider’s future operating and capital projects over a 10-year planning horizon. The ten-year schedule of projects shall include project descriptions, maps indicating areas to be served, a project timeline, associated costs, and the type and level of service and capital improvements to be provided.

2. A financial plan, which shall include a ten-year planning horizon that identifies each project’s operating and capital expenses for the schedule of projects.

3. A list of priority projects based on the 10-year schedule of projects, which shall include a ranking by each project’s importance, the description, type, location, and identification of funding availability. This list can include projects that exceed beyond the tenth year.

(f) Relationship to Other Plans. The TDP shall be consistent with the Florida Transportation Plan, the local government comprehensive plans, the MPO long-range transportation plan, and regional transportation goals and objectives. The TDP shall discuss the relationship between the ten-year implementation program and other local plans.

(4) Annual TDP Updates. The Annual TDP Update shall be an update of the ten-year operating and capital program.  This update shall include a formatted table presenting the ten-year schedule of projects, financial plan, and list of priority projects, and any updated modifications to the previous year’s ten-year operating and capital program and extending this ten-year operating and capital program to a new tenth year. The Annual TDP Update shall include a brief narrative overview of the TDP process specifically addressing progress, and achievements of the Metropolitan Transportation Planning Process Coordination Program. 

(4) Annual Update. Annual updates shall be in the form of a progress report on the ten-year implementation program, and shall include:

(a) Past year’s accomplishments compared to the original implementation program;

(b) Analysis of any discrepancies between the plan and its implementation for the past year and steps that will be taken to attain original goals and objectives;

(c) Any revisions to the implementation program for the coming year;

(d) Revised implementation program for the tenth year;

(e) Added recommendations for the new tenth year of the updated plan;

(f) A revised financial plan; and,

(g) A revised list of projects or services needed to meet the goals and objectives, including projects for which funding may not have been identified.

(5) Plan Submission and Approval.

(a) To be approved by the Department, a TDP must meet all applicable deadlines and address all requirements of this rule, including a public involvement plan that included opportunities for review and comment by interested agencies, and citizens or passengers during the development of the provider’s mission, goals, and objectives during the development of alternatives and during the development of the ten-year operating and capital implementation program. The Annual TDP Update does not need to be adopted by the transit agencies governing board. The 5-year TDP must be approved by the transit agency’s governing board.  All 5-year TDP and Annual TDP Updates must be presented to the local MPO governing board.

(b) The Department will accept TDPs for review at any time. Provider adopted TDPs must be submitted to the Department by March September 1. Late filed TDPs will be accepted if extenuating circumstances beyond the provider’s control exist and the District Office is able to complete its review and approval process by the last business day of December. Within 60 days of receiving an adopted TDP or Annual TDP Update annual update, the Department will notify the provider as to whether or not the TDP or annual update is in compliance with the requirements of this rule, and, if not in compliance, a list of deficiencies will be cited to the provider for resubmittal. Within 30 days of any resubmitted TDP or annual update the Department will notify the provider as to whether or not the resubmission is in compliance with the requirements of this rule. TDPs filed late will be accepted if extenuating circumstances beyond the provider’s control exist, and the District Office is able to complete its review and approval process by June 30.

(6) Grant Administration. Public transit funds will be considered on the basis of public transit needs as identified in TDPs. The Department is authorized to fund up to such percentages as are designated for each type of public transportation project by Chapter 341, F.S., for the respective state and federal projects described therein. The Department shall, within statutory parameters, determine the level of funding participation for each project.

(a) State funding participation in public transit projects and services shall require a duly executed agreement, unless otherwise required by law.

(b) Eligibility to receive state public transit grants from the Department is limited to those providers specifically designated by law to receive such grants, and determined by statutory budgeting and programming requirements.

(c) Written requests for appropriated public transit grant funds by a provider are to be addressed to the District Office in which district the provider operates public transit service. The request shall include at a minimum the name and address of the provider, level of funding being requested, type of funding or program participation requested, and use to be made of the requested funds. Where a deadline for applications has been established, applications received after the deadline shall be returned. Deadlines for each program application may be obtained from the District Office.

(d) Federal funds for which the Department is the primary recipient may involve special application procedures or submittal format, imposed by the federal grantor agency as a condition of receiving federal funds. The provider will be notified by the District Office of special application requirements at the time of submission of a written request for funding if the District Office has not previously distributed such information to the provider.

(e) The Department will award public transit grant funds after July 1 of each state fiscal year, but will not award funds until a provider’s TDP has been found to be in compliance with this rule.

(f) Approved TDPs and Annual TDP Updates updates and approved TDPs shall be on file at the appropriate District Office by the due date last business day of June 30 December of for the next state Department fiscal year in for which funding is available sought. If a provider’s required annual report TDP documentation has not been submitted and approved by the June 30 due date last day of December in the fiscal year for which funding is sought, the provider will be found in noncompliance with the rule provider and will not receive any state public transit grant funds in for the subject year of availability. Funds that may have been state fiscal year, and funds previously allocated for the noncompliant providers provider will be allocated among the remaining eligible providers. If a provider’s TDP has not been submitted and found in compliance by the last business day of December of the state fiscal year the annual or five-year update was due, the provider will not receive any public transit grant funds in that state fiscal year, and funds previously allocated for the provider will be allocated among the remaining providers.

Rulemaking Authority 334.044(2), 341.041(12)(b) FS. Law Implemented 341.041, 341.051, 341.052, 341.071 FS. History–New 9-24-75, Formerly 14-73.01, Amended 12-8-92, 2-20-07, ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris A. Wiglesworth, Planning Administrator, Transit Office

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jared W. Perdue, P.E., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 7, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 9, 2024