Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1512
Barcode 285126
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/21/2011 .
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The Committee on Community Affairs (Bennett) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (32) of section 163.3164, Florida
6 Statutes is amended, and subsections (35) and (36) are added to
7 that section to read:
8 163.3164 Local Government Comprehensive Planning and Land
9 Development Regulation Act; definitions.—As used in this act:
10 (32) “Financial feasibility” means that sufficient revenues
11 are currently available or will be available from committed
12 funding sources of any local government for the first 3 years,
13 or will be available from committed or planned funding sources
14 for years 4 through 10, of a 10-year and 5, of a 5-year capital
15 improvement schedule for financing capital improvements, such as
16 ad valorem taxes, bonds, state and federal funds, tax revenues,
17 impact fees, and developer contributions, which are adequate to
18 fund the projected costs of the capital improvements identified
19 in the comprehensive plan necessary to ensure that adopted
20 level-of-service standards are achieved and maintained within
21 the period covered by the 5-year schedule of capital
22 improvements. A comprehensive plan shall be deemed financially
23 feasible for transportation and school facilities throughout the
24 planning period addressed by the capital improvements schedule
25 if it can be demonstrated that the level-of-service standards
26 will be achieved and maintained by the end of the planning
27 period even if in a particular year such improvements are not
28 concurrent as required by s. 163.3180.
29 (35) "Transit-oriented development" means a project or
30 projects, in areas identified in a local government
31 comprehensive plan, that are served by existing or planned
32 transit service as delineated in the capital improvements
33 element. These designated areas shall be compact, moderate to
34 high-density developments, of mixed-use character,
35 interconnected, bicycle-friendly and pedestrian-friendly, and
36 designed to support frequent transit service operating through,
37 collectively or separately, rail, fixed guideway, streetcar, or
38 bus systems on dedicated facilities or available roadway
39 connections.
40 (36) "Mobility plan" means an integrated land use and
41 transportation plan that promotes compact, mixed-use, and
42 interconnected development served by a multimodal transportation
43 system that includes roads, bicycle and pedestrian facilities,
44 and, where feasible and appropriate, frequent transit and rail
45 service, to provide individuals with viable transportation
46 options without sole reliance upon a motor vehicle for personal
47 mobility.
48 Section 2. Subsection (1), subsection (2), paragraph (a) of
49 subsection (3) and paragraph (a) of subsection (6) of section
50 163.3177, Florida Statutes, is amended to read:
51 163.3177 Required and optional elements of comprehensive
52 plan; studies and surveys.—
53 (1) The comprehensive plan shall consist of materials in
54 such descriptive form, written or graphic, as may be appropriate
55 to the prescription of principles, guidelines, and standards for
56 the orderly and balanced future economic, social, physical,
57 environmental, and fiscal development of the area. The
58 comprehensive plan shall be based upon resident and seasonal
59 population estimates and projections which shall accommodate at
60 a minimum the medium population projections provided by the
61 University of Florida Bureau of Economic and Business Research
62 or population projections generated by a local government based
63 upon a professionally accepted methodology which are equal to or
64 greater than the University of Florida Bureau of Economic and
65 Business Research.
66 (3)(a) The comprehensive plan shall contain a capital
67 improvements element designed to consider the need for and the
68 location of public facilities in order to encourage the
69 efficient use of such facilities and set forth:
70 1. A component that outlines principles for construction,
71 extension, or increase in capacity of public facilities, as well
72 as a component that outlines principles for correcting existing
73 public facility deficiencies, which are necessary to implement
74 the comprehensive plan. The components shall cover at least a 5
75 year period.
76 2. Estimated public facility costs, including a delineation
77 of when facilities will be needed, the general location of the
78 facilities, and projected revenue sources to fund the
79 facilities.
80 3. Standards to ensure the availability of public
81 facilities and the adequacy of those facilities including
82 acceptable levels of service.
83 4. Standards for the management of debt.
84 5. A schedule of capital improvements which includes any
85 project publicly funded by federal, state, or local government
86 projects, and which may include privately funded projects for
87 which the local government has no fiscal responsibility,
88 necessary to ensure that adopted level-of-service standards are
89 achieved and maintained. For capital improvements that will be
90 funded by the developer, financial feasibility shall be
91 demonstrated by being guaranteed in an enforceable development
92 agreement or interlocal agreement pursuant to paragraph (10)(h),
93 or other enforceable agreement. These development agreements and
94 interlocal agreements shall be reflected in the schedule of
95 capital improvements if the capital improvement is necessary to
96 serve development within the 5-year schedule. If the local
97 government uses planned revenue sources that require referenda
98 or other actions to secure the revenue source, the plan must, in
99 the event the referenda are not passed or actions do not secure
100 the planned revenue source, identify other existing revenue
101 sources that will be used to fund the capital projects or
102 otherwise amend the plan to ensure financial feasibility.
103 6. The schedule must include transportation improvements
104 included in the applicable metropolitan planning organization’s
105 transportation improvement program adopted pursuant to s.
106 339.175(8) to the extent that such improvements are relied upon
107 to ensure concurrency or implementation of a mobility plan as
108 defined in s. 163.3164(36) and financial feasibility. The
109 schedule must also be coordinated with the applicable
110 metropolitan planning organization’s long-range transportation
111 plan adopted pursuant to s. 339.175(7).
112 (6) In addition to the requirements of subsections (1)-(5)
113 and (12), the comprehensive plan shall include the following
114 elements:
115 (a) A future land use plan element designating proposed
116 future general distribution, location, and extent of the uses of
117 land for residential uses, commercial uses, industry,
118 agriculture, recreation, conservation, education, public
119 buildings and grounds, other public facilities, and other
120 categories of the public and private uses of land. Counties are
121 encouraged to designate rural land stewardship areas, pursuant
122 to paragraph (11)(d), as overlays on the future land use map.
123 Each future land use category must be defined in terms of uses
124 included, and must include standards to be followed in the
125 control and distribution of population densities and building
126 and structure intensities. The proposed distribution, location,
127 and extent of the various categories of land use shall be shown
128 on a land use map or map series which shall be supplemented by
129 goals, policies, and measurable objectives. The future land use
130 plan shall be based upon surveys, studies, and data regarding
131 the area, and include including the amount of land required to
132 accommodate projected anticipated growth as specified by this
133 subsection; the projected resident and seasonal population of
134 the area; the character of undeveloped land; the availability of
135 water supplies, public facilities, and services; the need for
136 redevelopment, including the renewal of blighted areas and the
137 elimination of nonconforming uses which are inconsistent with
138 the character of the community; the need for job creation,
139 capital investment, and economic development that will
140 strengthen and diversify the economy; the compatibility of uses
141 on lands adjacent to or closely proximate to military
142 installations; lands adjacent to an airport as defined in s.
143 330.35 and consistent with s. 333.02; the discouragement of
144 urban sprawl; energy-efficient land use patterns accounting for
145 existing and future electric power generation and transmission
146 systems; and greenhouse gas reduction strategies; and, in rural
147 communities, the need for job creation, capital investment, and
148 economic development that will strengthen and diversify the
149 community’s economy. The future land use plan may designate
150 areas for future planned development use involving combinations
151 of types of uses for which special regulations may be necessary
152 to ensure development in accord with the principles and
153 standards of the comprehensive plan and this act. The future
154 land use plan element shall include criteria to be used to
155 achieve the compatibility of lands adjacent or closely proximate
156 to military installations, considering factors identified in s.
157 163.3175(5), and lands adjacent to an airport as defined in s.
158 330.35 and consistent with s. 333.02. In addition, for rural
159 communities, The amount of land designated for future planned
160 land uses should allow the operation of real estate markets to
161 provide adequate choices for permanent and seasonal residents
162 and businesses and industrial use shall be based upon surveys
163 and studies that reflect the need for job creation, capital
164 investment, and the necessity to strengthen and diversify the
165 local economies, and may not be limited solely by the projected
166 population of the rural community. The element shall accommodate
167 at least the minimum amount of land required to accommodate the
168 medium projections of the Bureau of Economic and Business
169 Research for at least a 10-year planning period. The future land
170 use plan of a county may also designate areas for possible
171 future municipal incorporation. The land use maps or map series
172 shall generally identify and depict historic district boundaries
173 and shall designate historically significant properties meriting
174 protection. For coastal counties, the future land use element
175 must include, without limitation, regulatory incentives and
176 criteria that encourage the preservation of recreational and
177 commercial working waterfronts as defined in s. 342.07. The
178 future land use element must clearly identify the land use
179 categories in which public schools are an allowable use. When
180 delineating the land use categories in which public schools are
181 an allowable use, a local government shall include in the
182 categories sufficient land proximate to residential development
183 to meet the projected needs for schools in coordination with
184 public school boards and may establish differing criteria for
185 schools of different type or size. Each local government shall
186 include lands contiguous to existing school sites, to the
187 maximum extent possible, within the land use categories in which
188 public schools are an allowable use. The failure by a local
189 government to comply with these school siting requirements will
190 result in the prohibition of the local government’s ability to
191 amend the local comprehensive plan, except for plan amendments
192 described in s. 163.3187(1)(b), until the school siting
193 requirements are met. Amendments proposed by a local government
194 for purposes of identifying the land use categories in which
195 public schools are an allowable use are exempt from the
196 limitation on the frequency of plan amendments contained in s.
197 163.3187. The future land use element shall include criteria
198 that encourage the location of schools proximate to urban
199 residential areas to the extent possible and shall require that
200 the local government seek to collocate public facilities, such
201 as parks, libraries, and community centers, with schools to the
202 extent possible and to encourage the use of elementary schools
203 as focal points for neighborhoods. For schools serving
204 predominantly rural counties, defined as a county with a
205 population of 100,000 or fewer, an agricultural land use
206 category is eligible for the location of public school
207 facilities if the local comprehensive plan contains school
208 siting criteria and the location is consistent with such
209 criteria. Local governments required to update or amend their
210 comprehensive plan to include criteria and address compatibility
211 of lands adjacent or closely proximate to existing military
212 installations, or lands adjacent to an airport as defined in s.
213 330.35 and consistent with s. 333.02, in their future land use
214 plan element shall transmit the update or amendment to the state
215 land planning agency by June 30, 2012.
216 Section 3. Paragraphs (a) and (b) of subsection (9),
217 paragraph (c) of subsection (11), subsection (12), and
218 paragraphs (a), (b), (f) and (i) of subsection (16) of section
219 163.3180, Florida Statutes, are amended to read:
220 163.3180 Concurrency.—
221 (9)(a) Each local government shall may adopt as a part of
222 its plan, long-term transportation and school concurrency
223 management systems with a planning period of up to 10 years for
224 specially designated districts or areas in which transportation
225 deficiencies are projected to where significant backlogs exist
226 for 10 years. The plan shall may include interim level-of
227 service standards on certain facilities and shall rely on the
228 local government’s schedule of capital improvements for up to 10
229 years as a basis for issuing development orders that authorize
230 commencement of construction in these designated districts or
231 areas. Pursuant to subsection (12), the concurrency management
232 system must be designed to correct existing or projected
233 deficiencies and set priorities for addressing deficient
234 backlogged facilities. The concurrency management system must be
235 financially feasible and consistent with other portions of the
236 adopted local plan, including the future land use map.
237 (b) If a local government has a transportation deficiency
238 or school facility deficiency backlog for existing development
239 which cannot be adequately addressed in a 10-year plan, the
240 state land planning agency may allow it to develop a plan and
241 long-term schedule of capital improvements covering up to 15
242 years for good and sufficient cause, based on a general
243 comparison between that local government and all other similarly
244 situated local jurisdictions, using the following factors:
245 1. The extent of the deficiency backlog.
246 2. For roads, whether the deficiency backlog is on local or
247 state roads.
248 3. The cost of eliminating the deficiency backlog.
249 4. The local government’s tax and other revenue-raising
250 efforts.
251 (11) In order to limit the liability of local governments,
252 a local government may allow a landowner to proceed with
253 development of a specific parcel of land notwithstanding a
254 failure of the development to satisfy transportation
255 concurrency, when all the following factors are shown to exist:
256 (c) The local plan includes a financially feasible capital
257 improvements element that provides for identifies transportation
258 facilities adequate to serve the proposed development, and the
259 local government has not implemented that element, or the local
260 government determines that the transportation facilities or
261 facility segments identified as mitigation for traffic impacts
262 will significantly benefit the impacted transportation system.
263 (12)(a) A development of regional impact may satisfy the
264 transportation concurrency requirements of the local
265 comprehensive plan, the local government’s concurrency
266 management system, and s. 380.06 by payment of a proportionate
267 share contribution for local and regionally significant traffic
268 impacts, if:
269 1. The development of regional impact which, based on its
270 location or mix of land uses, is designed to encourage
271 pedestrian or other nonautomotive modes of transportation;
272 2. The proportionate-share contribution for local and
273 regionally significant traffic impacts is sufficient to pay for
274 one or more required mobility improvements that will benefit a
275 regionally significant transportation facility;
276 3. The owner and developer of the development of regional
277 impact pays or assures payment of the proportionate-share
278 contribution; and
279 4. If the regionally significant transportation facility to
280 be constructed or improved is under the maintenance authority of
281 a governmental entity, as defined by s. 334.03(12), other than
282 the local government with jurisdiction over the development of
283 regional impact, the developer is required to enter into a
284 binding and legally enforceable commitment to transfer funds to
285 the governmental entity having maintenance authority or to
286 otherwise assure construction or improvement of the facility.
287
288 The proportionate-share contribution may be applied to any
289 transportation facility to satisfy the provisions of this
290 subsection and the local comprehensive plan, but, for the
291 purposes of this subsection, the amount of the proportionate
292 share contribution shall be calculated based upon the cumulative
293 number of trips from the proposed development expected to reach
294 roadways during the peak hour from the complete buildout of a
295 stage or phase being approved, divided by the change in the peak
296 hour maximum service volume of roadways resulting from
297 construction of an improvement necessary to maintain the adopted
298 level of service, multiplied by the construction cost, at the
299 time of developer payment, of the improvement necessary to
300 maintain the adopted level of service. In utilizing the
301 proportionate-share formula provided in this paragraph, the
302 applicant, in its traffic analysis, shall establish those roads
303 or facilities that have a transportation deficiency in
304 accordance with the transportation deficiency definition
305 provided in paragraph (b). If any road is determined to be
306 transportation deficient, it shall be removed from the
307 development-of-regional-impact list of significantly and
308 adversely impacted road segments and from the proportionate
309 share calculation. The identified improvement to correct the
310 transportation deficiency is the funding responsibility of the
311 effected state or local government. The proportionate-share
312 formula provided in this paragraph shall be applied to those
313 facilities that are not deficient but are determined to be
314 significantly and adversely impacted by the project under
315 review. If additional improvements beyond those improvements
316 necessary to correct the existing deficiency would be needed for
317 an identified deficient facility, the necessary improvements to
318 correct the existing deficiency for that facility will be
319 considered to be in place, and the development-of-regional
320 impact proportionate share shall be calculated only for the
321 needed improvements that are above the deficient improvements.
322 For purposes of this subsection, “construction cost” includes
323 all associated costs of the improvement. Proportionate-share
324 mitigation shall be limited to ensure that a development of
325 regional impact meeting the requirements of this subsection
326 mitigates its impact on the transportation system but is not
327 responsible for the additional cost of reducing or eliminating
328 deficiencies backlogs. This subsection also applies to Florida
329 Quality Developments pursuant to s. 380.061 and to detailed
330 specific area plans implementing optional sector plans pursuant
331 to s. 163.3245.
332 (b) As used in this subsection, the term "transportation
333 deficiency" “backlog” means a facility or facilities on which
334 the adopted level-of-service standard is exceeded by the
335 existing trips, plus additional projected background trips from
336 any source other than the development project under review that
337 are forecast by established traffic standards, including traffic
338 modeling, consistent with the University of Florida Bureau of
339 Economic and Business Research medium population projections.
340 Additional projected background trips are to be coincident with
341 the particular stage or phase of development under review.
342 (16) It is the intent of the Legislature to provide a
343 method by which the impacts of development on transportation
344 facilities can be mitigated by the cooperative efforts of the
345 public and private sectors. The methodology used to calculate
346 proportionate fair-share mitigation under this section shall be
347 as provided for in subsection (12).
348 (a) By December 1, 2011 2006, each local government shall
349 adopt by ordinance a methodology for assessing proportionate
350 fair-share mitigation options. By December 1, 2005, the
351 Department of Transportation shall develop a model
352 transportation concurrency management ordinance with
353 methodologies for assessing proportionate fair-share mitigation
354 options.
355 (b)1. In its transportation concurrency management system,
356 a local government shall, by December 1, 2006, include
357 methodologies that will be applied to calculate proportionate
358 fair-share mitigation. A developer may choose to satisfy all
359 transportation concurrency requirements by contributing or
360 paying proportionate fair-share mitigation if transportation
361 facilities or facility segments identified as mitigation for
362 traffic impacts are specifically identified for funding in the
363 5-year schedule of capital improvements in the capital
364 improvements element of the local plan or the long-term
365 concurrency management system or if such contributions or
366 payments to such facilities or segments are reflected in the 5
367 year schedule of capital improvements in the next regularly
368 scheduled update of the capital improvements element, or in a
369 binding proportionate-share agreement as provided in
370 subparagraph (f). Updates to the 5-year capital improvements
371 element which reflect proportionate fair-share contributions may
372 not be found not in compliance based on ss. 163.3164(32) and
373 163.3177(3) if additional contributions, payments or funding
374 sources are reasonably anticipated during a period not to exceed
375 10 years to fully mitigate impacts on the transportation
376 facilities.
377 2. Proportionate fair-share mitigation shall be applied as
378 a credit against impact fees to the extent that all or a portion
379 of the proportionate fair-share mitigation is used to address
380 the same capital infrastructure improvements contemplated by the
381 local government’s impact fee ordinance.
382 (f) If the funds in an adopted 5-year capital improvements
383 element are insufficient to fully fund construction of a
384 transportation improvement required by the local government’s
385 concurrency management system, a local government and a
386 developer may still enter into a binding proportionate-share
387 agreement authorizing the developer to construct that amount of
388 development on which the proportionate share is calculated if
389 the proportionate-share amount in such agreement is sufficient
390 to pay for one or more improvements which will, in the opinion
391 of the governmental entity or entities maintaining the
392 transportation facilities, significantly benefit the impacted
393 transportation system. In the event that the transportation
394 facilities or facility segments identified as mitigation for
395 traffic impacts are not included within the adopted 5-year
396 capital improvement element but are determined to significantly
397 benefit the impacted transportation system in the opinion of the
398 governmental entity or entities maintaining the transportation
399 facilities, a local government and a developer may still enter
400 into a binding proportionate-share agreement authorizing the
401 developer to construct that amount of development on which the
402 proportionate share is calculated. In all events the The
403 improvements funded by the proportionate-share component must be
404 adopted into the 5-year capital improvements schedule of the
405 comprehensive plan at the next annual capital improvements
406 element update, or the developer must contribute its
407 proportionate share for the transportation facilities or
408 facility segments identified as mitigation for the traffic
409 impacts of the development on which the proportionate share is
410 calculated. The funding of any improvements that significantly
411 benefit the impacted transportation system satisfies concurrency
412 requirements as a mitigation of the development’s impact upon
413 the overall transportation system even if there remains a
414 failure of concurrency on other impacted facilities.
415 (i) As used in this subsection, the term "transportation
416 deficiency" “backlog” means a facility or facilities on which
417 the adopted level-of-service standard is exceeded by the
418 existing trips, plus additional projected background trips from
419 any source other than the development project under review that
420 are forecast by established traffic standards, including traffic
421 modeling, consistent with the University of Florida Bureau of
422 Economic and Business Research medium population projections.
423 Additional projected background trips are to be coincident with
424 the particular stage or phase of development under review.
425 Transportation deficiency shall be determined in the same manner
426 as provided in subsection (12).
427 Section 4. Section 163.3182, Florida Statutes, is amended
428 to read:
429 163.3182 Transportation deficiency concurrency backlogs.—
430 (1) DEFINITIONS.—For purposes of this section, the term:
431 (a) “Transportation deficiency concurrency backlog area”
432 means the geographic area within the unincorporated portion of a
433 county or within the municipal boundary of a municipality
434 designated in a local government comprehensive plan for which a
435 transportation deficiency concurrency backlog authority is
436 created pursuant to this section. A transportation deficiency
437 concurrency backlog area created within the corporate boundary
438 of a municipality shall be made pursuant to an interlocal
439 agreement between a county, a municipality or municipalities,
440 and any affected taxing authority or authorities.
441 (b) “Authority” or “transportation deficiency concurrency
442 backlog authority” means the governing body of a county or
443 municipality within which an authority is created.
444 (c) “Governing body” means the council, commission, or
445 other legislative body charged with governing the county or
446 municipality within which a transportation deficiency
447 concurrency backlog authority is created pursuant to this
448 section.
449 (d) “Transportation deficiency concurrency backlog” means
450 an identified deficiency where the existing extent of traffic or
451 projected traffic volume exceeds the level of service standard
452 adopted in a local government comprehensive plan for a
453 transportation facility.
454 (e) “Transportation deficiency concurrency backlog plan”
455 means the plan adopted as part of a local government
456 comprehensive plan by the governing body of a county or
457 municipality acting as a transportation deficiency concurrency
458 backlog authority.
459 (f) “Transportation deficiency concurrency backlog project”
460 means any designated transportation project that will mitigate a
461 deficiency identified in a transportation deficiency plan
462 identified for construction within the jurisdiction of a
463 transportation concurrency backlog authority.
464 (g) “Debt service millage” means any millage levied
465 pursuant to s. 12, Art. VII of the State Constitution.
466 (h) “Increment revenue” means the amount calculated
467 pursuant to subsection (5).
468 (i) “Taxing authority” means a public body that levies or
469 is authorized to levy an ad valorem tax on real property located
470 within a transportation deficiency concurrency backlog area,
471 except a school district.
472 (2) CREATION OF TRANSPORTATION DEFICIENCY CONCURRENCY
473 BACKLOG AUTHORITIES.—
474 (a) A county or municipality may create a transportation
475 deficiency concurrency backlog authority if it has an identified
476 transportation deficiency concurrency backlog.
477 (b) Acting as the transportation deficiency concurrency
478 backlog authority within the authority’s jurisdictional
479 boundary, the governing body of a county or municipality shall
480 adopt and implement a plan to eliminate all identified
481 transportation deficiencies concurrency backlogs within the
482 authority’s jurisdiction using funds provided pursuant to
483 subsection (5) and as otherwise provided pursuant to this
484 section.
485 (c) The Legislature finds and declares that there exist in
486 many counties and municipalities areas that have significant
487 transportation deficiencies and inadequate transportation
488 facilities; that many insufficiencies and inadequacies severely
489 limit or prohibit the satisfaction of adopted transportation
490 level-of-service concurrency standards; that the transportation
491 insufficiencies and inadequacies affect the health, safety, and
492 welfare of the residents of these counties and municipalities;
493 that the transportation insufficiencies and inadequacies
494 adversely affect economic development and growth of the tax base
495 for the areas in which these insufficiencies and inadequacies
496 exist; and that the elimination of transportation deficiencies
497 and inadequacies and the satisfaction of transportation level
498 of-service concurrency standards are paramount public purposes
499 for the state and its counties and municipalities.
500 (3) POWERS OF A TRANSPORTATION DEFICIENCY CONCURRENCY
501 BACKLOG AUTHORITY.—Each transportation deficiency concurrency
502 backlog authority has the powers necessary or convenient to
503 carry out the purposes of this section, including the following
504 powers in addition to others granted in this section:
505 (a) To make and execute contracts and other instruments
506 necessary or convenient to the exercise of its powers under this
507 section.
508 (b) To undertake and carry out transportation deficiency
509 concurrency backlog projects for transportation facilities that
510 have transportation deficiencies a concurrency backlog within
511 the authority’s jurisdiction. Concurrency backlog Projects may
512 include transportation facilities that provide for alternative
513 modes of travel including sidewalks, bikeways, and mass transit
514 which are related to a deficient backlogged transportation
515 facility.
516 (c) To invest any transportation deficiency concurrency
517 backlog funds held in reserve, sinking funds, or any such funds
518 not required for immediate disbursement in property or
519 securities in which savings banks may legally invest funds
520 subject to the control of the authority and to redeem such bonds
521 as have been issued pursuant to this section at the redemption
522 price established therein, or to purchase such bonds at less
523 than redemption price. All such bonds redeemed or purchased
524 shall be canceled.
525 (d) To borrow money, including, but not limited to, issuing
526 debt obligations such as, but not limited to, bonds, notes,
527 certificates, and similar debt instruments; to apply for and
528 accept advances, loans, grants, contributions, and any other
529 forms of financial assistance from the Federal Government or the
530 state, county, or any other public body or from any sources,
531 public or private, for the purposes of this part; to give such
532 security as may be required; to enter into and carry out
533 contracts or agreements; and to include in any contracts for
534 financial assistance with the Federal Government for or with
535 respect to a transportation deficiency concurrency backlog
536 project and related activities such conditions imposed under
537 federal laws as the transportation deficiency concurrency
538 backlog authority considers reasonable and appropriate and which
539 are not inconsistent with the purposes of this section.
540 (e) To make or have made all surveys and plans necessary to
541 the carrying out of the purposes of this section; to contract
542 with any persons, public or private, in making and carrying out
543 such plans; and to adopt, approve, modify, or amend such
544 transportation deficiency concurrency backlog plans.
545 (f) To appropriate such funds and make such expenditures as
546 are necessary to carry out the purposes of this section, and to
547 enter into agreements with other public bodies, which agreements
548 may extend over any period notwithstanding any provision or rule
549 of law to the contrary.
550 (4) TRANSPORTATION DEFICIENCY CONCURRENCY BACKLOG PLANS.—
551 (a) Each transportation deficiency concurrency backlog
552 authority shall adopt a transportation deficiency concurrency
553 backlog plan as a part of the local government comprehensive
554 plan within 6 months after the creation of the authority. The
555 plan must:
556 1. Identify all transportation facilities that have been
557 designated as deficient and require the expenditure of moneys to
558 upgrade, modify, or mitigate the deficiency.
559 2. Include a priority listing of all transportation
560 facilities that have been designated as deficient and do not
561 satisfy deficiency concurrency requirements pursuant to s.
562 163.3180, and the applicable local government comprehensive
563 plan.
564 3. Establish a schedule for financing and construction of
565 transportation deficiency concurrency backlog projects that will
566 eliminate transportation deficiencies concurrency backlogs
567 within the jurisdiction of the authority within 10 years after
568 the transportation deficiency concurrency backlog plan adoption.
569 If the utilization of mass transit is selected as all or part of
570 the system solution, the improvements and service may extend
571 outside the area of the transportation deficiency areas to the
572 planned terminus of the improvement as long as the improvement
573 provides capacity enhancements to a larger intermodal system.
574 The schedule shall be adopted as part of the local government
575 comprehensive plan.
576 (b) The adoption of the transportation deficiency
577 concurrency backlog plan shall be exempt from the provisions of
578 s. 163.3187(1).
579
580 Notwithstanding such schedule requirements, as long as the
581 schedule provides for the elimination of all transportation
582 deficiencies concurrency backlogs within 10 years after the
583 adoption of the deficiency concurrency backlog plan, the final
584 maturity date of any debt incurred to finance or refinance the
585 related projects may be no later than 40 years after the date
586 the debt is incurred and the authority may continue operations
587 and administer the trust fund established as provided in
588 subsection (5) for as long as the debt remains outstanding.
589 (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
590 deficiency concurrency backlog authority shall establish a local
591 transportation deficiency concurrency backlog trust fund upon
592 creation of the authority. Each local trust fund shall be
593 administered by the transportation deficiency concurrency
594 backlog authority within which a transportation deficiencies
595 have concurrency backlog has been identified. Each local trust
596 fund must continue to be funded under this section for as long
597 as the projects set forth in the related transportation
598 deficiency concurrency backlog plan remain to be completed or
599 until any debt incurred to finance or refinance the related
600 projects is no longer outstanding, whichever occurs later.
601 Beginning in the first fiscal year after the creation of the
602 authority, each local trust fund shall be funded by the proceeds
603 of an ad valorem tax increment collected within each
604 transportation deficiency concurrency backlog area to be
605 determined annually and shall be a minimum of 25 percent of the
606 difference between the amounts set forth in paragraphs (a) and
607 (b), except that if all of the affected taxing authorities agree
608 under an interlocal agreement, a particular local trust fund may
609 be funded by the proceeds of an ad valorem tax increment greater
610 than 25 percent of the difference between the amounts set forth
611 in paragraphs (a) and (b):
612 (a) The amount of ad valorem tax levied each year by each
613 taxing authority, exclusive of any amount from any debt service
614 millage, on taxable real property contained within the
615 jurisdiction of the transportation deficiency concurrency
616 backlog authority and within the transportation deficiency
617 backlog area; and
618 (b) The amount of ad valorem taxes which would have been
619 produced by the rate upon which the tax is levied each year by
620 or for each taxing authority, exclusive of any debt service
621 millage, upon the total of the assessed value of the taxable
622 real property within the transportation deficiency concurrency
623 backlog area as shown on the most recent assessment roll used in
624 connection with the taxation of such property of each taxing
625 authority prior to the effective date of the ordinance funding
626 the trust fund.
627 (6) EXEMPTIONS.—
628 (a) The following public bodies or taxing authorities are
629 exempt from the provisions of this section:
630 1. A special district that levies ad valorem taxes on
631 taxable real property in more than one county.
632 2. A special district for which the sole available source
633 of revenue is the authority to levy ad valorem taxes at the time
634 an ordinance is adopted under this section. However, revenues or
635 aid that may be dispensed or appropriated to a district as
636 defined in s. 388.011 at the discretion of an entity other than
637 such district shall not be deemed available.
638 3. A library district.
639 4. A neighborhood improvement district created under the
640 Safe Neighborhoods Act.
641 5. A metropolitan transportation authority.
642 6. A water management district created under s. 373.069.
643 7. A community redevelopment agency.
644 (b) A transportation deficiency concurrency exemption
645 authority may also exempt from this section a special district
646 that levies ad valorem taxes within the transportation
647 deficiency concurrency backlog area pursuant to s.
648 163.387(2)(d).
649 (7) TRANSPORTATION DEFICIENCY CONCURRENCY SATISFACTION.
650 Upon adoption of a transportation deficiency concurrency backlog
651 plan as a part of the local government comprehensive plan, and
652 the plan going into effect, the area subject to the plan shall
653 be deemed to have achieved and maintained transportation level
654 of-service standards, and to have met requirements for financial
655 feasibility for transportation facilities, and for the purpose
656 of proposed development transportation concurrency has been
657 satisfied. Proportionate fair-share mitigation shall be limited
658 to ensure that a development inside a transportation deficiency
659 concurrency backlog area is not responsible for the additional
660 costs of eliminating deficiencies backlogs.
661 (8) DISSOLUTION.—Upon completion of all transportation
662 deficiency concurrency backlog projects and repayment or
663 defeasance of all debt issued to finance or refinance such
664 projects, a transportation deficiency concurrency backlog
665 authority shall be dissolved, and its assets and liabilities
666 transferred to the county or municipality within which the
667 authority is located. All remaining assets of the authority must
668 be used for implementation of transportation projects within the
669 jurisdiction of the authority. The local government
670 comprehensive plan shall be amended to remove the transportation
671 deficiency concurrency backlog plan.
672 Section 5. Paragraph (u) is added to subsection (24) of
673 section 380.06, Florida Statutes, to read:
674 380.06 Developments of regional impact.—
675 (24) STATUTORY EXEMPTIONS.—
676 (u) Any transit-oriented development as defined in s.
677 163.3164 incorporated into the county or municipality
678 comprehensive plan that has adopted land use and transportation
679 strategies to support and fund the local government concurrency
680 or mobility plan identified in the comprehensive plan, including
681 alternative modes of transportation, is exempt from review for
682 transportation impacts conducted pursuant to this section. This
683 paragraph does not apply to areas:
684 1. Within the boundary of any area of critical state
685 concern designated pursuant to s. 380.05;
686 2. Within the boundary of the Wekiva Study Area as
687 described in s. 369.316; or
688 3. Within 2 miles of the boundary of the Everglades
689 Protection Area as defined in s. 373.4592(2).
690
691 If a use is exempt from review as a development of regional
692 impact under paragraphs (a)-(s), but will be part of a larger
693 project that is subject to review as a development of regional
694 impact, the impact of the exempt use must be included in the
695 review of the larger project, unless such exempt use involves a
696 development of regional impact that includes a landowner,
697 tenant, or user that has entered into a funding agreement with
698 the Office of Tourism, Trade, and Economic Development under the
699 Innovation Incentive Program and the agreement contemplates a
700 state award of at least $50 million.
701 Section 6. The Legislature finds that this act fulfills an
702 important state interest.
703 Section 7. This act shall take effect upon becoming a law.
704
705 ================= T I T L E A M E N D M E N T ================
706 And the title is amended as follows:
707 Delete everything before the enacting clause
708 and insert:
709 A bill to be entitled
710 An act relating to growth management; amending s.
711 163.3164, F.S.; revising and providing definitions
712 relating to the Local Government Comprehensive
713 Planning and Land Development Regulation Act; amending
714 s. 163.3177, F.S.; revising requirements for
715 comprehensive plans relating to capital improvements
716 and future land use plan elements; amending s.
717 163.3180, F.S.; revising transportation concurrency
718 requirements relating to transportation planning and
719 proportionate share; amending s. 163.3182, F.S.;
720 revising the definition of the term "transportation
721 concurrency backlog" to "transportation deficiency";
722 revising other definitions and provisions to conform;
723 revising provisions relating to transportation
724 deficiency plans and projects; amending s. 380.06,
725 F.S.; exempting transit-oriented developments from
726 review of transportation impacts in the developments
727 of-regional-impact process; providing a finding of
728 important state interest; providing an effective date.