Legal Corner - FL Transportation Commission and its Performance and Production Review of the DOT for FY 2006/07

 

By Thornton J. Williams
Williams Wilson & Sexton, P.A.

“Florida Transportation Commission and its Performance and Production Review of the Department of Transportation for Fiscal Year 2006/07”

The Florida Transportation Commission was created by the Florida Legislature in 1987 to serve as citizen’s oversight board for the Florida Department of Transportation.

The Commission is composed of nine Commissioners appointed by the Governor and confirmed by the Florida Senate for four-year terms. Each member must be a registered voter and a citizen of the state. Each member of the commission must also possess business managerial experience in the private sector. 

Because the Commission must represent the transportation needs of the state, the law requires that membership “equitably represent all geographic areas.” Additionally, Commissioners cannot have any direct or indirect interest in any contract or other benefit granted or awarded by the Department. Aside from assignment to the FDOT for administrative and fiscal accountability, the Commission is independent of the FDOT and is prohibited from involvement in day-to-day operations of the FDOT, including the awarding of contracts, consultant or contractor selection, the acquiring of rights of way, specific location of a transportation facility, licensing and permitting by FDOT, and any personnel matters. 

The mission of the FTC is “to provide leadership in meeting Florida’s transportation needs through policy guidance on issues of statewide importance and maintaining public accountability for the Department of Transportation.”  The Commission evaluates the performance, production and fiscal management of the FDOT and the authorities and makes recommendations to the Governor and the Legislature on issues of statewide importance.  Its oversight authority is extended to most of the state’s expressway, tolling and transit authorities. In addition, major transportation policy initiatives or revisions are submitted to the commission for review. 

The Commission’s primary functions are to review major transportation policy initiatives or revisions submitted by the FDOT; recommend major transportation policy to the Governor and Legislature, including policies related to public transit, funding, road jurisdiction, truck weights, and penalties; serve as an oversight body for the FDOT by assessing performance, monitoring financial status, and reviewing work program, budget requests and long-range plans; serves as an advocacy body; and serve as nominating commission in the selection of the Secretary of Transportation. The Governor appoints the Secretary from among three candidates nominated by the commission.

The Commission is required to meet at least four times per year in the central office of the department in Tallahassee; however, the Commission regularly has monthly meetings in the varying districts to receive local input from citizens. 

One of the FTC’s most important objectives is the development and adoption of measures to evaluate the performance and productivity of the FDOT. The measures must at a minimum address production;  finance and administration;  preservation of the current state system; safety; capacity improvements, and disadvantaged business enterprise and minority programs. 

With Florida facing a transportation shortfall of nearly $53 billion through 2030, due to the conflicting trends of higher costs and lower projected revenues, it is imperative that the FDOT use its available resources in the most efficient and effective manner possible.  It is the responsibility of the FTC, under chapter 334.045, Florida Statutes, to ensure this occurs and to protect the State’s transportation investment through oversight and performance evaluation.  The FTC then submits its findings to the Governor and Legislative Transportation and Appropriations Committee and recommends actions to improve the FDOT performance based on its findings. 

On September 13, 2007, the FTC conducted its Performance and Production Review of the Department of Transportation for Fiscal Year 2006/07. This annual report produced by the FTC evaluates how effectively the Department has addressed the transportation needs of our state through the production of the Work Program.  There are 38 performance measures — 21 Primary and 17 Secondary measures. The Primary measures assess major Department functions that are within the Department’s control while the Secondary measures are intended to be more informational or explanatory in nature. 

The Department’s performance in FY 2007 improved over that of FY 2006. By the end of the fiscal year, the Department closed out 394 construction projects with a total dollar value of $1.6 billion and let over $3 billion in new projects.  Specifically, FY 2006/07 accomplishments by Florida Department of Transportation included:

• 14 of 21 primary measures (66.7%) were met or exceeded; • Began construction on 344 lane miles on the State Highway System (SHS), adding less than 1% in size to the system;

• Let to contract 2,316 miles for resurfacing;

• Let to contract 1,394 miles of resurfacing as part of the capacity improvement program for a total of 3,710 lanes miles to be resurfaced;

• Let to contract 132 bridge repair contracts; • Let to contract 7 bridge replacement projects; and, • Closed out 394 construction projects valued at $1.605 billion.  Based on the results of this Review, the FTC concluded that the FDOT is “managing its operations in an efficient and effective manner and is committed to meeting the needs of the traveling public and the business community.” 

For a copy of the full report please see (http://www.ftc.state.fl.us/ Reports/06-07%20Report-Final.pdf).

For additional information, please contact:
Thornton J. Williams
Managing Partner
Williams Wilson & Sexton, P.A.
Telephone (850) 224-3999
E-Mail: twilliams@twalaw.com

FTM – Fri, 08/01/2008 – 10:37pm