| 1 | Representative(s) Bucher offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line(s) 537-717 and insert: |
| 5 | Section 4. Section 163.3182, Florida Statutes, is created |
| 6 | to read: |
| 7 | 163.3182 Transportation concurrency backlogs.-- |
| 8 | (1) DEFINITIONS.--For purposes of this section, the term: |
| 9 | (a) "Transportation construction backlog area" means the |
| 10 | geographic area within the unincorporated portion of a county or |
| 11 | within the municipal boundary of a municipality designated in a |
| 12 | local government comprehensive plan for which a transportation |
| 13 | concurrency backlog authority is created pursuant to this |
| 14 | section. |
| 15 | (b) "Authority" or "transportation concurrency backlog |
| 16 | authority" means the governing body of a county or municipality |
| 17 | within which an authority is created. |
| 18 | (c) "Governing body" means the council, commission, or |
| 19 | other legislative body charged with governing the county or |
| 20 | municipality within which a transportation concurrency backlog |
| 21 | authority is created pursuant to this section. |
| 22 | (d) "Transportation concurrency backlog" means an |
| 23 | identified deficiency where the existing extent of traffic |
| 24 | volume exceeds the level of service standard adopted in a local |
| 25 | government comprehensive plan for a transportation facility. |
| 26 | (e) "Transportation concurrency backlog plan" means the |
| 27 | plan adopted as part of a local government comprehensive plan by |
| 28 | the governing body of a county or municipality acting as a |
| 29 | transportation concurrency backlog authority. |
| 30 | (f) "Transportation concurrency backlog project" means any |
| 31 | designated transportation project identified for construction |
| 32 | within the jurisdiction of a transportation construction backlog |
| 33 | authority. |
| 34 | (g) "Debt service millage" means any millage levied |
| 35 | pursuant to s. 12, Art. VII of the State Constitution. |
| 36 | (h) "Increment revenue" means the amount calculated |
| 37 | pursuant to subsection (5). |
| 38 | (i) "Taxing authority" means a public body that levies or |
| 39 | is authorized to levy an ad valorem tax on real property located |
| 40 | within a transportation concurrency backlog area, except a |
| 41 | school district. |
| 42 | (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG |
| 43 | AUTHORITIES.-- |
| 44 | (a) A county or municipality may create a transportation |
| 45 | concurrency backlog authority if it has an identified |
| 46 | transportation concurrency backlog. |
| 47 | (b) Acting as the transportation concurrency backlog |
| 48 | authority within its jurisdictional boundary, the governing body |
| 49 | of a county or municipality shall adopt and implement a plan to |
| 50 | eliminate all identified transportation concurrency backlogs |
| 51 | within its jurisdiction using funds provided pursuant to |
| 52 | subsection (5) and as otherwise provided pursuant to this |
| 53 | section. |
| 54 | (3) POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG |
| 55 | AUTHORITY.--Each transportation concurrency backlog authority |
| 56 | has the powers necessary or convenient to carry out the purposes |
| 57 | of this section, including the following powers in addition to |
| 58 | others granted in this section: |
| 59 | (a) To make and execute contracts and other instruments |
| 60 | necessary or convenient to the exercise of its powers under this |
| 61 | section. |
| 62 | (b) To undertake and carry out transportation concurrency |
| 63 | backlog projects for all transportation facilities that have a |
| 64 | concurrency backlog within the authority's jurisdiction. |
| 65 | Concurrency backlog projects may include transportation |
| 66 | facilities that provide for alternative modes of travel |
| 67 | including sidewalks, bikeways, and mass transit which are |
| 68 | related to a backlogged transportation facility. |
| 69 | (c) To invest any transportation concurrency backlog funds |
| 70 | held in reserve, sinking funds, or any such funds not required |
| 71 | for immediate disbursement in property or securities in which |
| 72 | savings banks may legally invest funds subject to the control of |
| 73 | the authority and to redeem such bonds as have been issued |
| 74 | pursuant to this section at the redemption price established |
| 75 | therein, or to purchase such bonds at less than redemption |
| 76 | price. All such bonds redeemed or purchased shall be canceled. |
| 77 | (d) To borrow money, apply for and accept advances, loans, |
| 78 | grants, contributions, and any other forms of financial |
| 79 | assistance from the Federal Government or the state, county, or |
| 80 | any other public body or from any sources, public or private, |
| 81 | for the purposes of this part, to give such security as may be |
| 82 | required, to enter into and carry out contracts or agreements, |
| 83 | and to include in any contracts for financial assistance with |
| 84 | the Federal Government for or with respect to a transportation |
| 85 | concurrency backlog project and related activities such |
| 86 | conditions imposed pursuant to federal laws as the |
| 87 | transportation concurrency backlog authority considers |
| 88 | reasonable and appropriate and which are not inconsistent with |
| 89 | the purposes of this section. |
| 90 | (e) To make or have made all surveys and plans necessary |
| 91 | to the carrying out of the purposes of this section, to contract |
| 92 | with any persons, public or private, in making and carrying out |
| 93 | such plans, and to adopt, approve, modify, or amend such |
| 94 | transportation concurrency backlog plans. |
| 95 | (f) To appropriate such funds and make such expenditures |
| 96 | as are necessary to carry out the purposes of this section, and |
| 97 | to enter into agreements with other public bodies, which |
| 98 | agreements may extend over any period notwithstanding any |
| 99 | provision or rule of law to the contrary. |
| 100 | (4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.-- |
| 101 | (a) Each transportation concurrency backlog authority |
| 102 | shall adopt a transportation concurrency backlog plan as a part |
| 103 | of the local government comprehensive plan within 6 months after |
| 104 | the creation of the authority. The plan shall: |
| 105 | 1. Identify all transportation facilities that have been |
| 106 | designated as deficient and require the expenditure of moneys to |
| 107 | upgrade, modify, or mitigate the deficiency. |
| 108 | 2. Include a priority listing of all transportation |
| 109 | facilities that have been designated as deficient and do not |
| 110 | satisfy concurrency requirements pursuant to s. 163.3180, and |
| 111 | the applicable local government comprehensive plan. |
| 112 | 3. Establish a schedule for financing and construction of |
| 113 | transportation concurrency backlog projects that will eliminate |
| 114 | transportation concurrency backlogs within the jurisdiction of |
| 115 | the authority within 10 years after the transportation |
| 116 | concurrency backlog plan adoption. The schedule shall be adopted |
| 117 | as part of the local government comprehensive plan. |
| 118 | (b) The adoption of the transportation concurrency backlog |
| 119 | plan shall be exempt from the provisions of s. 163.3187(1). |
| 120 | (5) ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation |
| 121 | concurrency backlog authority shall establish a local |
| 122 | transportation concurrency backlog trust fund upon creation of |
| 123 | the authority. Each local trust fund shall be administered by |
| 124 | the transportation concurrency backlog authority within which a |
| 125 | transportation concurrency backlog has been identified. |
| 126 | Beginning in the first fiscal year after the creation of the |
| 127 | authority, each local trust fund shall be funded by the proceeds |
| 128 | of an ad valorem tax increment collected within each |
| 129 | transportation concurrency backlog area to be determined |
| 130 | annually and shall be 25 percent of the difference between: |
| 131 | (a) The amount of ad valorem tax levied each year by each |
| 132 | taxing authority, exclusive of any amount from any debt service |
| 133 | millage, on taxable real property contained within the |
| 134 | jurisdiction of the transportation concurrency backlog authority |
| 135 | and within the transportation backlog area; and |
| 136 | (b) The amount of ad valorem taxes which would have been |
| 137 | produced by a rate upon which the tax is levied each year prior |
| 138 | to the effective date of the ordinance funding the trust fund by |
| 139 | or for each taxing authority exclusive of any debt service |
| 140 | millage upon the total of the assessed value of the taxable real |
| 141 | property within the transportation concurrency backlog area as |
| 142 | shown on the most recent assessment roll used in connection with |
| 143 | the taxation of such property by each taxing authority. |
| 144 | (6) EXEMPTIONS.-- |
| 145 | (a) The following public bodies or taxing authorities are |
| 146 | exempt from the provision of this section: |
| 147 | 1. A special district that levies ad valorem taxes on |
| 148 | taxable real property in more than one county. |
| 149 | 2. A special district for which the sole available source |
| 150 | of revenue is the authority to levy ad valorem taxes at the time |
| 151 | an ordinance is adopted under this section. However, revenues or |
| 152 | aid that may be dispensed or appropriated to a district as |
| 153 | defined in s. 388.011 at the discretion of an entity other than |
| 154 | such district shall not be deemed available. |
| 155 | 3. A library district. |
| 156 | 4. A neighborhood improvement district created under the |
| 157 | Safe Neighborhoods Act. |
| 158 | 5. A metropolitan transportation authority. |
| 159 | 6. A water management district created under s. 373.069. |
| 160 | (b) A transportation concurrency exemption authority may |
| 161 | also exempt from this section a special district that levies ad |
| 162 | valorem taxes within the transportation concurrency backlog area |
| 163 | pursuant to s. 163.387(2)(d). |
| 164 | (7) TRANSPORTATION CONCURRENCY SATISFACTION.--Upon |
| 165 | adoption of a transportation concurrency backlog plan as a part |
| 166 | of the local government comprehensive plan, and the plan going |
| 167 | into effect, the area subject to the plan shall be deemed to |
| 168 | have achieved and maintained transportation level of service |
| 169 | standards, and to have met requirements for financial |
| 170 | feasibility for transportation facilities, and for the purpose |
| 171 | of proposed development transportation concurrency has been |
| 172 | satisfied. Proportionate fair share mitigation shall be limited |
| 173 | to ensure that a development inside a transportation concurrency |
| 174 | backlog area is not responsible for the additional costs of |
| 175 | eliminating backlogs. |
| 176 | (8) DISSOLUTION.--Upon completion of all transportation |
| 177 | concurrency backlog projects, a transportation concurrency |
| 178 | backlog authority shall be dissolved and its assets and |
| 179 | liabilities shall be transferred to the county or municipality |
| 180 | within which the authority is located. All remaining assets of |
| 181 | the authority must be used for implementation of transportation |
| 182 | projects within the jurisdiction of the authority. The local |
| 183 | government comprehensive plan shall be amended to remove the |
| 184 | transportation concurrency backlog plan. |
| 185 |
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| 186 | ======= T I T L E A M E N D M E N T ======= |
| 187 | Remove line(s) 14-29 and insert: |
| 188 | 163.3182, F.S.; providing for the creation of transportation |
| 189 | concurrency backlog authorities; providing definitions; |
| 190 | providing powers and responsibilities of such authorities; |
| 191 | providing for transportation concurrency backlog plans; |
| 192 | providing for the issuance of revenue bonds for certain |
| 193 | purposes; providing for the establishment of a local trust fund |
| 194 | within each county or municipality with an identified |
| 195 | transportation concurrency backlog; providing exemptions from |
| 196 | transportation concurrency requirements; providing for the |
| 197 | satisfaction of concurrency requirements; providing for |
| 198 | dissolution of transportation concurrency backlog authorities; |
| 199 | amending s. 163.3187, F.S.; revising a |