Florida Senate - 2011                      CS for CS for SB 1512
       
       
       
       By the Committees on Transportation; and Community Affairs; and
       Senator Bennett
       
       
       
       596-04374-11                                          20111512c2
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3164, F.S.; revising and providing definitions
    4         relating to the Local Government Comprehensive
    5         Planning and Land Development Regulation Act; amending
    6         s. 163.3177, F.S.; revising requirements for
    7         comprehensive plans relating to capital improvements
    8         and future land use plan elements; amending s.
    9         163.3180, F.S.; revising transportation concurrency
   10         requirements relating to transportation planning and
   11         proportionate share; amending s. 163.3182, F.S.;
   12         revising the definition of the term “transportation
   13         concurrency backlog” to “transportation deficiency”;
   14         revising other definitions and provisions to conform;
   15         revising provisions relating to transportation
   16         deficiency plans and projects; amending s. 163.3191,
   17         F.S.; revising and simplifying provisions relating to
   18         a local government’s review of its comprehensive plan;
   19         amending s. 380.06, F.S.; exempting transit-oriented
   20         developments from review of transportation impacts in
   21         the developments-of-regional-impact process; providing
   22         a finding of important state interest; providing an
   23         effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (32) of section 163.3164, Florida
   28  Statutes, is amended, and subsections (35) and (36) are added to
   29  that section, to read:
   30         163.3164 Local Government Comprehensive Planning and Land
   31  Development Regulation Act; definitions.—As used in this act:
   32         (32) “Financial feasibility” means that sufficient revenues
   33  are currently available or will be available from committed
   34  funding sources of any local government for the first 3 years,
   35  or will be available from committed or planned funding sources
   36  for years 4 through 10, of a 10-year and 5, of a 5-year capital
   37  improvement schedule for financing capital improvements, such as
   38  ad valorem taxes, bonds, state and federal funds, tax revenues,
   39  impact fees, and developer contributions, which are adequate to
   40  fund the projected costs of the capital improvements identified
   41  in the comprehensive plan necessary to ensure that adopted
   42  level-of-service standards are achieved and maintained within
   43  the period covered by the 5-year schedule of capital
   44  improvements. A comprehensive plan shall be deemed financially
   45  feasible for transportation and school facilities throughout the
   46  planning period addressed by the capital improvements schedule
   47  if it can be demonstrated that the level-of-service standards
   48  will be achieved and maintained by the end of the planning
   49  period even if in a particular year such improvements are not
   50  concurrent as required by s. 163.3180.
   51         (35) “Transit-oriented development” means a project or
   52  projects, in areas identified in a local government
   53  comprehensive plan, which are served by existing or planned
   54  transit service as delineated in the capital improvements
   55  element. These designated areas shall be compact, moderate to
   56  high-density developments, of mixed-use character,
   57  interconnected, bicycle-friendly and pedestrian-friendly, and
   58  designed to support frequent transit service operating through,
   59  collectively or separately, rail, fixed guideway, streetcar, or
   60  bus systems on dedicated facilities or available roadway
   61  connections.
   62         (36) “Mobility plan” means an integrated land use and
   63  transportation plan that promotes compact, mixed-use, and
   64  interconnected development served by a multimodal transportation
   65  system that includes roads, bicycle and pedestrian facilities,
   66  and, where feasible and appropriate, frequent transit and rail
   67  service, to provide individuals with viable transportation
   68  options without sole reliance upon a motor vehicle for personal
   69  mobility.
   70         Section 2. Subsection (1), paragraph (a) of subsection (3),
   71  and paragraph (a) of subsection (6) of section 163.3177, Florida
   72  Statutes, are amended to read:
   73         163.3177 Required and optional elements of comprehensive
   74  plan; studies and surveys.—
   75         (1) The comprehensive plan shall consist of materials in
   76  such descriptive form, written or graphic, as may be appropriate
   77  to the prescription of principles, guidelines, and standards for
   78  the orderly and balanced future economic, social, physical,
   79  environmental, and fiscal development of the area. The
   80  comprehensive plan shall be based upon resident and seasonal
   81  population estimates and projections that shall accommodate at a
   82  minimum the medium population projections provided by the
   83  University of Florida Bureau of Economic and Business Research
   84  or population projections generated by a local government based
   85  upon a professionally accepted methodology which are equal to or
   86  greater than the University of Florida Bureau of Economic and
   87  Business Research.
   88         (3)(a) The comprehensive plan shall contain a capital
   89  improvements element designed to consider the need for and the
   90  location of public facilities in order to encourage the
   91  efficient use of such facilities and set forth:
   92         1. A component that outlines principles for construction,
   93  extension, or increase in capacity of public facilities, as well
   94  as a component that outlines principles for correcting existing
   95  public facility deficiencies, which are necessary to implement
   96  the comprehensive plan. The components shall cover at least a 5
   97  year period.
   98         2. Estimated public facility costs, including a delineation
   99  of when facilities will be needed, the general location of the
  100  facilities, and projected revenue sources to fund the
  101  facilities.
  102         3. Standards to ensure the availability of public
  103  facilities and the adequacy of those facilities including
  104  acceptable levels of service.
  105         4. Standards for the management of debt.
  106         5. A schedule of capital improvements which includes any
  107  project publicly funded by federal, state, or local government
  108  projects, and which may include privately funded projects for
  109  which the local government has no fiscal responsibility,
  110  necessary to ensure that adopted level-of-service standards are
  111  achieved and maintained. For capital improvements that will be
  112  funded by the developer, financial feasibility shall be
  113  demonstrated by being guaranteed in an enforceable development
  114  agreement or interlocal agreement pursuant to paragraph (10)(h),
  115  or other enforceable agreement. These development agreements and
  116  interlocal agreements shall be reflected in the schedule of
  117  capital improvements if the capital improvement is necessary to
  118  serve development within the 5-year schedule. If the local
  119  government uses planned revenue sources that require referenda
  120  or other actions to secure the revenue source, the plan must, in
  121  the event the referenda are not passed or actions do not secure
  122  the planned revenue source, identify other existing revenue
  123  sources that will be used to fund the capital projects or
  124  otherwise amend the plan to ensure financial feasibility.
  125         6. The schedule must include transportation improvements
  126  included in the applicable metropolitan planning organization’s
  127  transportation improvement program adopted pursuant to s.
  128  339.175(8) to the extent that such improvements are relied upon
  129  to ensure concurrency or implementation of a mobility plan as
  130  defined in s. 163.3164(36) and financial feasibility. The
  131  schedule must also be coordinated with the applicable
  132  metropolitan planning organization’s long-range transportation
  133  plan adopted pursuant to s. 339.175(7).
  134         (6) In addition to the requirements of subsections (1)-(5)
  135  and (12), the comprehensive plan shall include the following
  136  elements:
  137         (a) A future land use plan element designating proposed
  138  future general distribution, location, and extent of the uses of
  139  land for residential uses, commercial uses, industry,
  140  agriculture, recreation, conservation, education, public
  141  buildings and grounds, other public facilities, and other
  142  categories of the public and private uses of land. Counties are
  143  encouraged to designate rural land stewardship areas, pursuant
  144  to paragraph (11)(d), as overlays on the future land use map.
  145  Each future land use category must be defined in terms of uses
  146  included, and must include standards to be followed in the
  147  control and distribution of population densities and building
  148  and structure intensities. The proposed distribution, location,
  149  and extent of the various categories of land use shall be shown
  150  on a land use map or map series which shall be supplemented by
  151  goals, policies, and measurable objectives. The future land use
  152  plan shall be based upon surveys, studies, and data regarding
  153  the area, and include including the amount of land required to
  154  accommodate projected anticipated growth as specified by this
  155  subsection; the projected resident and seasonal population of
  156  the area; the character of undeveloped land; the availability of
  157  water supplies, public facilities, and services; the need for
  158  redevelopment, including the renewal of blighted areas and the
  159  elimination of nonconforming uses which are inconsistent with
  160  the character of the community; the need for job creation,
  161  capital investment, and economic development that will
  162  strengthen and diversify the economy; the compatibility of uses
  163  on lands adjacent to or closely proximate to military
  164  installations; lands adjacent to an airport as defined in s.
  165  330.35 and consistent with s. 333.02; the discouragement of
  166  urban sprawl; energy-efficient land use patterns accounting for
  167  existing and future electric power generation and transmission
  168  systems; and greenhouse gas reduction strategies; and, in rural
  169  communities, the need for job creation, capital investment, and
  170  economic development that will strengthen and diversify the
  171  community’s economy. The future land use plan may designate
  172  areas for future planned development use involving combinations
  173  of types of uses for which special regulations may be necessary
  174  to ensure development in accord with the principles and
  175  standards of the comprehensive plan and this act. The future
  176  land use plan element shall include criteria to be used to
  177  achieve the compatibility of lands adjacent or closely proximate
  178  to military installations, considering factors identified in s.
  179  163.3175(5), and lands adjacent to an airport as defined in s.
  180  330.35 and consistent with s. 333.02. In addition, for rural
  181  communities, The amount of land designated for future planned
  182  land uses should allow the operation of real estate markets to
  183  provide adequate choices for permanent and seasonal residents
  184  and businesses and industrial use shall be based upon surveys
  185  and studies that reflect the need for job creation, capital
  186  investment, and the necessity to strengthen and diversify the
  187  local economies, and may not be limited solely by the projected
  188  population of the rural community. The element shall accommodate
  189  at least the minimum amount of land required to accommodate the
  190  medium projections of the Bureau of Economic and Business
  191  Research for at least a 10-year planning period. The future land
  192  use plan of a county may also designate areas for possible
  193  future municipal incorporation. The land use maps or map series
  194  shall generally identify and depict historic district boundaries
  195  and shall designate historically significant properties meriting
  196  protection. For coastal counties, the future land use element
  197  must include, without limitation, regulatory incentives and
  198  criteria that encourage the preservation of recreational and
  199  commercial working waterfronts as defined in s. 342.07. The
  200  future land use element must clearly identify the land use
  201  categories in which public schools are an allowable use. When
  202  delineating the land use categories in which public schools are
  203  an allowable use, a local government shall include in the
  204  categories sufficient land proximate to residential development
  205  to meet the projected needs for schools in coordination with
  206  public school boards and may establish differing criteria for
  207  schools of different type or size. Each local government shall
  208  include lands contiguous to existing school sites, to the
  209  maximum extent possible, within the land use categories in which
  210  public schools are an allowable use. The failure by a local
  211  government to comply with these school siting requirements will
  212  result in the prohibition of the local government’s ability to
  213  amend the local comprehensive plan, except for plan amendments
  214  described in s. 163.3187(1)(b), until the school siting
  215  requirements are met. Amendments proposed by a local government
  216  for purposes of identifying the land use categories in which
  217  public schools are an allowable use are exempt from the
  218  limitation on the frequency of plan amendments contained in s.
  219  163.3187. The future land use element shall include criteria
  220  that encourage the location of schools proximate to urban
  221  residential areas to the extent possible and shall require that
  222  the local government seek to collocate public facilities, such
  223  as parks, libraries, and community centers, with schools to the
  224  extent possible and to encourage the use of elementary schools
  225  as focal points for neighborhoods. For schools serving
  226  predominantly rural counties, defined as a county with a
  227  population of 100,000 or fewer, an agricultural land use
  228  category is eligible for the location of public school
  229  facilities if the local comprehensive plan contains school
  230  siting criteria and the location is consistent with such
  231  criteria. Local governments required to update or amend their
  232  comprehensive plan to include criteria and address compatibility
  233  of lands adjacent or closely proximate to existing military
  234  installations, or lands adjacent to an airport as defined in s.
  235  330.35 and consistent with s. 333.02, in their future land use
  236  plan element shall transmit the update or amendment to the state
  237  land planning agency by June 30, 2012.
  238         Section 3. Paragraphs (a) and (b) of subsection (9),
  239  paragraph (c) of subsection (11), subsection (12), and
  240  paragraphs (a), (b), (f), and (i) of subsection (16) of section
  241  163.3180, Florida Statutes, are amended to read:
  242         163.3180 Concurrency.—
  243         (9)(a) Each local government shall may adopt as a part of
  244  its plan, long-term transportation and school concurrency
  245  management systems with a planning period of up to 10 years for
  246  specially designated districts or areas in which transportation
  247  deficiencies are projected to where significant backlogs exist
  248  for 10 years. The plan shall may include interim level-of
  249  service standards on certain facilities and shall rely on the
  250  local government’s schedule of capital improvements for up to 10
  251  years as a basis for issuing development orders that authorize
  252  commencement of construction in these designated districts or
  253  areas. Pursuant to subsection (12), the concurrency management
  254  system must be designed to correct existing or projected
  255  deficiencies and set priorities for addressing deficient
  256  backlogged facilities. The concurrency management system must be
  257  financially feasible and consistent with other portions of the
  258  adopted local plan, including the future land use map.
  259         (b) If a local government has a transportation deficiency
  260  or school facility deficiency backlog for existing development
  261  which cannot be adequately addressed in a 10-year plan, the
  262  state land planning agency may allow it to develop a plan and
  263  long-term schedule of capital improvements covering up to 15
  264  years for good and sufficient cause, based on a general
  265  comparison between that local government and all other similarly
  266  situated local jurisdictions, using the following factors:
  267         1. The extent of the deficiency backlog.
  268         2. For roads, whether the deficiency backlog is on local or
  269  state roads.
  270         3. The cost of eliminating the deficiency backlog.
  271         4. The local government’s tax and other revenue-raising
  272  efforts.
  273         (11) In order to limit the liability of local governments,
  274  a local government may allow a landowner to proceed with
  275  development of a specific parcel of land notwithstanding a
  276  failure of the development to satisfy transportation
  277  concurrency, when all the following factors are shown to exist:
  278         (c) The local plan includes a financially feasible capital
  279  improvements element that identifies provides for transportation
  280  facilities adequate to serve the proposed development, and the
  281  local government has not implemented that element, or the local
  282  government determines that the transportation facilities or
  283  facility segments identified as mitigation for traffic impacts
  284  will significantly benefit the impacted transportation system.
  285         (12)(a) A development of regional impact may satisfy the
  286  transportation concurrency requirements of the local
  287  comprehensive plan, the local government’s concurrency
  288  management system, and s. 380.06 by payment of a proportionate
  289  share contribution for local and regionally significant traffic
  290  impacts, if:
  291         1. The development of regional impact which, based on its
  292  location or mix of land uses, is designed to encourage
  293  pedestrian or other nonautomotive modes of transportation;
  294         2. The proportionate-share contribution for local and
  295  regionally significant traffic impacts is sufficient to pay for
  296  one or more required mobility improvements that will benefit a
  297  regionally significant transportation facility;
  298         3. The owner and developer of the development of regional
  299  impact pays or assures payment of the proportionate-share
  300  contribution; and
  301         4. If the regionally significant transportation facility to
  302  be constructed or improved is under the maintenance authority of
  303  a governmental entity, as defined by s. 334.03(12), other than
  304  the local government with jurisdiction over the development of
  305  regional impact, the developer is required to enter into a
  306  binding and legally enforceable commitment to transfer funds to
  307  the governmental entity having maintenance authority or to
  308  otherwise assure construction or improvement of the facility.
  309  
  310  The proportionate-share contribution may be applied to any
  311  transportation facility to satisfy the provisions of this
  312  subsection and the local comprehensive plan, but, for the
  313  purposes of this subsection, the amount of the proportionate
  314  share contribution shall be calculated based upon the cumulative
  315  number of trips from the proposed development expected to reach
  316  roadways during the peak hour from the complete buildout of a
  317  stage or phase being approved, divided by the change in the peak
  318  hour maximum service volume of roadways resulting from
  319  construction of an improvement necessary to maintain the adopted
  320  level of service, multiplied by the construction cost, at the
  321  time of developer payment, of the improvement necessary to
  322  maintain the adopted level of service. In projecting the number
  323  of trips to be generated by the development under review, any
  324  trips assigned to a toll-financed facility shall be eliminated
  325  from the analysis. In using the proportionate-share formula
  326  provided in this paragraph, the applicant, in its traffic
  327  analysis, shall establish those roads or facilities that have a
  328  transportation deficiency in accordance with the transportation
  329  deficiency definition provided in paragraph (b). If any road is
  330  determined to be transportation deficient, it shall be removed
  331  from the development’s list of significantly and adversely
  332  impacted road segments and from the proportionate-share
  333  calculation. The identified improvement to correct the
  334  transportation deficiency is the funding responsibility of the
  335  effected state or local government. The proportionate-share
  336  formula provided in this paragraph shall be applied to those
  337  facilities that are not deficient but are determined to be
  338  significantly and adversely impacted by the project under
  339  review. If additional improvements beyond those improvements
  340  necessary to correct the existing deficiency would be needed for
  341  an identified deficient facility, the necessary improvements to
  342  correct the existing deficiency for that facility will be
  343  considered to be in place, and the development’s proportionate
  344  share shall be calculated only for the needed improvements that
  345  are above the deficient improvements. For purposes of this
  346  subsection, “construction cost” includes all associated costs of
  347  the improvement. Proportionate-share mitigation shall be limited
  348  to ensure that a development of regional impact meeting the
  349  requirements of this subsection mitigates its impact on the
  350  transportation system but is not responsible for the additional
  351  cost of reducing or eliminating deficiencies backlogs. This
  352  subsection also applies to Florida Quality Developments pursuant
  353  to s. 380.061 and to detailed specific area plans implementing
  354  optional sector plans pursuant to s. 163.3245.
  355         (b) As used in this subsection, the term “transportation
  356  deficiency” “backlog” means a facility or facilities on which
  357  the adopted level-of-service standard is exceeded by the
  358  existing trips, plus additional projected background trips from
  359  any source other than the development project under review that
  360  are forecast by established traffic standards, including traffic
  361  modeling, consistent with the University of Florida Bureau of
  362  Economic and Business Research medium population projections.
  363  Additional projected background trips are to be coincident with
  364  the particular stage or phase of development under review.
  365         (16) It is the intent of the Legislature to provide a
  366  method by which the impacts of development on transportation
  367  facilities can be mitigated by the cooperative efforts of the
  368  public and private sectors. The methodology used to calculate
  369  proportionate fair-share mitigation under this section shall be
  370  as provided for in subsection (12).
  371         (a) By December 1, 2011 2006, each local government shall
  372  adopt by ordinance a methodology for assessing proportionate
  373  fair-share mitigation options. By December 1, 2005, the
  374  Department of Transportation shall develop a model
  375  transportation concurrency management ordinance with
  376  methodologies for assessing proportionate fair-share mitigation
  377  options.
  378         (b)1. In its transportation concurrency management system,
  379  a local government shall, by December 1, 2006, include
  380  methodologies that will be applied to calculate proportionate
  381  fair-share mitigation. A developer may choose to satisfy all
  382  transportation concurrency requirements by contributing or
  383  paying proportionate fair-share mitigation if transportation
  384  facilities or facility segments identified as mitigation for
  385  traffic impacts are specifically identified for funding in the
  386  5-year schedule of capital improvements in the capital
  387  improvements element of the local plan or the long-term
  388  concurrency management system or if such contributions or
  389  payments to such facilities or segments are reflected in the 5
  390  year schedule of capital improvements in the next regularly
  391  scheduled update of the capital improvements element, or in a
  392  binding proportionate-share agreement as provided in paragraph
  393  (f). Updates to the 5-year capital improvements element which
  394  reflect proportionate fair-share contributions may not be found
  395  not in compliance based on ss. 163.3164(32) and 163.3177(3) if
  396  additional contributions, payments or funding sources are
  397  reasonably anticipated during a period not to exceed 10 years to
  398  fully mitigate impacts on the transportation facilities.
  399         2. Proportionate fair-share mitigation shall be applied as
  400  a credit against impact fees to the extent that all or a portion
  401  of the proportionate fair-share mitigation is used to address
  402  the same capital infrastructure improvements contemplated by the
  403  local government’s impact fee ordinance.
  404         (f) If the funds in an adopted 5-year capital improvements
  405  element are insufficient to fully fund construction of a
  406  transportation improvement required by the local government’s
  407  concurrency management system, a local government and a
  408  developer may still enter into a binding proportionate-share
  409  agreement authorizing the developer to construct that amount of
  410  development on which the proportionate share is calculated if
  411  the proportionate-share amount in such agreement is sufficient
  412  to pay for one or more improvements which will, in the opinion
  413  of the governmental entity or entities maintaining the
  414  transportation facilities, significantly benefit the impacted
  415  transportation system. In the event that the transportation
  416  facilities or facility segments identified as mitigation for
  417  traffic impacts are not included within the adopted 5-year
  418  capital improvement element but are determined to significantly
  419  benefit the impacted transportation system in the opinion of the
  420  governmental entity or entities maintaining the transportation
  421  facilities, a local government and a developer may still enter
  422  into a binding proportionate-share agreement authorizing the
  423  developer to construct that amount of development on which the
  424  proportionate share is calculated. In all events the The
  425  improvements funded by the proportionate-share component must be
  426  adopted into the 5-year capital improvements schedule of the
  427  comprehensive plan at the next annual capital improvements
  428  element update, or the developer must contribute its
  429  proportionate share for the transportation facilities or
  430  facility segments identified as mitigation for the traffic
  431  impacts of the development on which the proportionate share is
  432  calculated. The funding of any improvements that significantly
  433  benefit the impacted transportation system satisfies concurrency
  434  requirements as a mitigation of the development’s impact upon
  435  the overall transportation system even if there remains a
  436  failure of concurrency on other impacted facilities.
  437         (i) As used in this subsection, the term “transportation
  438  deficiency” “backlog” means a facility or facilities on which
  439  the adopted level-of-service standard is exceeded by the
  440  existing trips, plus additional projected background trips from
  441  any source other than the development project under review that
  442  are forecast by established traffic standards, including traffic
  443  modeling, consistent with the University of Florida Bureau of
  444  Economic and Business Research medium population projections.
  445  Additional projected background trips are to be coincident with
  446  the particular stage or phase of development under review.
  447  Transportation deficiency shall be determined in the same manner
  448  as provided in subsection (12).
  449         Section 4. Section 163.3182, Florida Statutes, is amended
  450  to read:
  451         163.3182 Transportation deficiency concurrency backlogs.—
  452         (1) DEFINITIONS.—For purposes of this section, the term:
  453         (a) “Transportation deficiency concurrency backlog area”
  454  means the geographic area within the unincorporated portion of a
  455  county or within the municipal boundary of a municipality
  456  designated in a local government comprehensive plan for which a
  457  transportation deficiency concurrency backlog authority is
  458  created pursuant to this section. A transportation deficiency
  459  concurrency backlog area created within the corporate boundary
  460  of a municipality shall be made pursuant to an interlocal
  461  agreement between a county, a municipality or municipalities,
  462  and any affected taxing authority or authorities.
  463         (b) “Authority” or “transportation deficiency concurrency
  464  backlog authority” means the governing body of a county or
  465  municipality within which an authority is created.
  466         (c) “Governing body” means the council, commission, or
  467  other legislative body charged with governing the county or
  468  municipality within which a transportation deficiency
  469  concurrency backlog authority is created pursuant to this
  470  section.
  471         (d) “Transportation deficiency concurrency backlog” means
  472  an identified deficiency where the existing extent of traffic or
  473  projected traffic volume exceeds the level of service standard
  474  adopted in a local government comprehensive plan for a
  475  transportation facility.
  476         (e) “Transportation deficiency concurrency backlog plan”
  477  means the plan adopted as part of a local government
  478  comprehensive plan by the governing body of a county or
  479  municipality acting as a transportation deficiency concurrency
  480  backlog authority.
  481         (f) “Transportation deficiency concurrency backlog project”
  482  means any designated transportation project that will mitigate a
  483  deficiency identified in a transportation deficiency plan
  484  identified for construction within the jurisdiction of a
  485  transportation concurrency backlog authority.
  486         (g) “Debt service millage” means any millage levied
  487  pursuant to s. 12, Art. VII of the State Constitution.
  488         (h) “Increment revenue” means the amount calculated
  489  pursuant to subsection (5).
  490         (i) “Taxing authority” means a public body that levies or
  491  is authorized to levy an ad valorem tax on real property located
  492  within a transportation deficiency concurrency backlog area,
  493  except a school district.
  494         (2) CREATION OF TRANSPORTATION DEFICIENCY CONCURRENCY
  495  BACKLOG AUTHORITIES.—
  496         (a) A county or municipality may create a transportation
  497  deficiency concurrency backlog authority if it has an identified
  498  transportation deficiency concurrency backlog.
  499         (b) Acting as the transportation deficiency concurrency
  500  backlog authority within the authority’s jurisdictional
  501  boundary, the governing body of a county or municipality shall
  502  adopt and implement a plan to eliminate all identified
  503  transportation deficiencies concurrency backlogs within the
  504  authority’s jurisdiction using funds provided pursuant to
  505  subsection (5) and as otherwise provided pursuant to this
  506  section.
  507         (c) The Legislature finds and declares that there exist in
  508  many counties and municipalities areas that have significant
  509  transportation deficiencies and inadequate transportation
  510  facilities; that many insufficiencies and inadequacies severely
  511  limit or prohibit the satisfaction of adopted transportation
  512  level-of-service concurrency standards; that the transportation
  513  insufficiencies and inadequacies affect the health, safety, and
  514  welfare of the residents of these counties and municipalities;
  515  that the transportation insufficiencies and inadequacies
  516  adversely affect economic development and growth of the tax base
  517  for the areas in which these insufficiencies and inadequacies
  518  exist; and that the elimination of transportation deficiencies
  519  and inadequacies and the satisfaction of transportation level
  520  of-service concurrency standards are paramount public purposes
  521  for the state and its counties and municipalities.
  522         (3) POWERS OF A TRANSPORTATION DEFICIENCY CONCURRENCY
  523  BACKLOG AUTHORITY.—Each transportation deficiency concurrency
  524  backlog authority has the powers necessary or convenient to
  525  carry out the purposes of this section, including the following
  526  powers in addition to others granted in this section:
  527         (a) To make and execute contracts and other instruments
  528  necessary or convenient to the exercise of its powers under this
  529  section.
  530         (b) To undertake and carry out transportation deficiency
  531  concurrency backlog projects for transportation facilities that
  532  have transportation deficiencies a concurrency backlog within
  533  the authority’s jurisdiction. Concurrency backlog Projects may
  534  include transportation facilities that provide for alternative
  535  modes of travel including sidewalks, bikeways, and mass transit
  536  which are related to a deficient backlogged transportation
  537  facility.
  538         (c) To invest any transportation deficiency concurrency
  539  backlog funds held in reserve, sinking funds, or any such funds
  540  not required for immediate disbursement in property or
  541  securities in which savings banks may legally invest funds
  542  subject to the control of the authority and to redeem such bonds
  543  as have been issued pursuant to this section at the redemption
  544  price established therein, or to purchase such bonds at less
  545  than redemption price. All such bonds redeemed or purchased
  546  shall be canceled.
  547         (d) To borrow money, including, but not limited to, issuing
  548  debt obligations such as, but not limited to, bonds, notes,
  549  certificates, and similar debt instruments; to apply for and
  550  accept advances, loans, grants, contributions, and any other
  551  forms of financial assistance from the Federal Government or the
  552  state, county, or any other public body or from any sources,
  553  public or private, for the purposes of this part; to give such
  554  security as may be required; to enter into and carry out
  555  contracts or agreements; and to include in any contracts for
  556  financial assistance with the Federal Government for or with
  557  respect to a transportation deficiency concurrency backlog
  558  project and related activities such conditions imposed under
  559  federal laws as the transportation deficiency concurrency
  560  backlog authority considers reasonable and appropriate and which
  561  are not inconsistent with the purposes of this section.
  562         (e) To make or have made all surveys and plans necessary to
  563  the carrying out of the purposes of this section; to contract
  564  with any persons, public or private, in making and carrying out
  565  such plans; and to adopt, approve, modify, or amend such
  566  transportation deficiency concurrency backlog plans.
  567         (f) To appropriate such funds and make such expenditures as
  568  are necessary to carry out the purposes of this section, and to
  569  enter into agreements with other public bodies, which agreements
  570  may extend over any period notwithstanding any provision or rule
  571  of law to the contrary.
  572         (4) TRANSPORTATION DEFICIENCY CONCURRENCY BACKLOG PLANS.—
  573         (a) Each transportation deficiency concurrency backlog
  574  authority shall adopt a transportation deficiency concurrency
  575  backlog plan as a part of the local government comprehensive
  576  plan within 6 months after the creation of the authority. The
  577  plan must:
  578         1. Identify all transportation facilities that have been
  579  designated as deficient and require the expenditure of moneys to
  580  upgrade, modify, or mitigate the deficiency.
  581         2. Include a priority listing of all transportation
  582  facilities that have been designated as deficient and do not
  583  satisfy deficiency concurrency requirements pursuant to s.
  584  163.3180, and the applicable local government comprehensive
  585  plan.
  586         3. Establish a schedule for financing and construction of
  587  transportation deficiency concurrency backlog projects that will
  588  eliminate transportation deficiencies concurrency backlogs
  589  within the jurisdiction of the authority within 10 years after
  590  the transportation deficiency concurrency backlog plan adoption.
  591  If the utilization of mass transit is selected as all or part of
  592  the system solution, the improvements and service may extend
  593  outside the area of the transportation deficiency areas to the
  594  planned terminus of the improvement as long as the improvement
  595  provides capacity enhancements to a larger intermodal system.
  596  The schedule shall be adopted as part of the local government
  597  comprehensive plan.
  598         (b) The adoption of the transportation deficiency
  599  concurrency backlog plan shall be exempt from the provisions of
  600  s. 163.3187(1).
  601  
  602  Notwithstanding such schedule requirements, as long as the
  603  schedule provides for the elimination of all transportation
  604  deficiencies concurrency backlogs within 10 years after the
  605  adoption of the deficiency concurrency backlog plan, the final
  606  maturity date of any debt incurred to finance or refinance the
  607  related projects may be no later than 40 years after the date
  608  the debt is incurred and the authority may continue operations
  609  and administer the trust fund established as provided in
  610  subsection (5) for as long as the debt remains outstanding.
  611         (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
  612  deficiency concurrency backlog authority shall establish a local
  613  transportation deficiency concurrency backlog trust fund upon
  614  creation of the authority. Each local trust fund shall be
  615  administered by the transportation deficiency concurrency
  616  backlog authority within which a transportation deficiencies
  617  have concurrency backlog has been identified. Each local trust
  618  fund must continue to be funded under this section for as long
  619  as the projects set forth in the related transportation
  620  deficiency concurrency backlog plan remain to be completed or
  621  until any debt incurred to finance or refinance the related
  622  projects is no longer outstanding, whichever occurs later.
  623  Beginning in the first fiscal year after the creation of the
  624  authority, each local trust fund shall be funded by the proceeds
  625  of an ad valorem tax increment collected within each
  626  transportation deficiency concurrency backlog area to be
  627  determined annually and shall be a minimum of 25 percent of the
  628  difference between the amounts set forth in paragraphs (a) and
  629  (b), except that if all of the affected taxing authorities agree
  630  under an interlocal agreement, a particular local trust fund may
  631  be funded by the proceeds of an ad valorem tax increment greater
  632  than 25 percent of the difference between the amounts set forth
  633  in paragraphs (a) and (b):
  634         (a) The amount of ad valorem tax levied each year by each
  635  taxing authority, exclusive of any amount from any debt service
  636  millage, on taxable real property contained within the
  637  jurisdiction of the transportation deficiency concurrency
  638  backlog authority and within the transportation deficiency
  639  backlog area; and
  640         (b) The amount of ad valorem taxes which would have been
  641  produced by the rate upon which the tax is levied each year by
  642  or for each taxing authority, exclusive of any debt service
  643  millage, upon the total of the assessed value of the taxable
  644  real property within the transportation deficiency concurrency
  645  backlog area as shown on the most recent assessment roll used in
  646  connection with the taxation of such property of each taxing
  647  authority prior to the effective date of the ordinance funding
  648  the trust fund.
  649         (6) EXEMPTIONS.—
  650         (a) The following public bodies or taxing authorities are
  651  exempt from the provisions of this section:
  652         1. A special district that levies ad valorem taxes on
  653  taxable real property in more than one county.
  654         2. A special district for which the sole available source
  655  of revenue is the authority to levy ad valorem taxes at the time
  656  an ordinance is adopted under this section. However, revenues or
  657  aid that may be dispensed or appropriated to a district as
  658  defined in s. 388.011 at the discretion of an entity other than
  659  such district shall not be deemed available.
  660         3. A library district.
  661         4. A neighborhood improvement district created under the
  662  Safe Neighborhoods Act.
  663         5. A metropolitan transportation authority.
  664         6. A water management district created under s. 373.069.
  665         7. A community redevelopment agency.
  666         (b) A transportation deficiency concurrency exemption
  667  authority may also exempt from this section a special district
  668  that levies ad valorem taxes within the transportation
  669  deficiency concurrency backlog area pursuant to s.
  670  163.387(2)(d).
  671         (7) TRANSPORTATION DEFICIENCY CONCURRENCY SATISFACTION.
  672  Upon adoption of a transportation deficiency concurrency backlog
  673  plan as a part of the local government comprehensive plan, and
  674  the plan going into effect, the area subject to the plan shall
  675  be deemed to have achieved and maintained transportation level
  676  of-service standards, and to have met requirements for financial
  677  feasibility for transportation facilities, and for the purpose
  678  of proposed development transportation concurrency has been
  679  satisfied. Proportionate fair-share mitigation shall be limited
  680  to ensure that a development inside a transportation deficiency
  681  concurrency backlog area is not responsible for the additional
  682  costs of eliminating deficiencies backlogs.
  683         (8) DISSOLUTION.—Upon completion of all transportation
  684  deficiency concurrency backlog projects and repayment or
  685  defeasance of all debt issued to finance or refinance such
  686  projects, a transportation deficiency concurrency backlog
  687  authority shall be dissolved, and its assets and liabilities
  688  transferred to the county or municipality within which the
  689  authority is located. All remaining assets of the authority must
  690  be used for implementation of transportation projects within the
  691  jurisdiction of the authority. The local government
  692  comprehensive plan shall be amended to remove the transportation
  693  deficiency concurrency backlog plan.
  694         Section 5. Section 163.3191, Florida Statutes, is amended
  695  to read:
  696         (Substantial rewording of section. See
  697         s. 163.3191, F.S., for present text.)
  698         163.3191 Local government evaluation of comprehensive
  699  plan.—
  700         (1) At least once every 7 years, each local government
  701  shall evaluate its comprehensive plan to determine if plan
  702  amendments are necessary to reflect any changes in state
  703  requirements under this part since the last update of the plan,
  704  and provide written notification to the state land planning
  705  agency as to such determination. If the local government
  706  determines amendments to the plan are necessary, the local
  707  government shall prepare and transmit such plan amendments
  708  within 1 year after submitting the written notification for
  709  review pursuant to s. 163.3184.
  710         (2) Local governments are encouraged to comprehensively
  711  evaluate and, as necessary, update comprehensive plans to
  712  reflect changes in local conditions. Plan amendments transmitted
  713  pursuant to this section shall be reviewed in accordance with s.
  714  163.3184.
  715         (3) If a local government fails to submit its letter
  716  prescribed by subsection (1) or update its plan pursuant to
  717  subsection (2), it may not amend its comprehensive plan except
  718  in accordance with this section.
  719         Section 6. Paragraph (u) is added to subsection (24) of
  720  section 380.06, Florida Statutes, to read:
  721         380.06 Developments of regional impact.—
  722         (24) STATUTORY EXEMPTIONS.—
  723         (u) Any transit-oriented development as defined in s.
  724  163.3164 incorporated into the county or municipality
  725  comprehensive plan that has adopted land use and transportation
  726  strategies to support and fund the local government concurrency
  727  or mobility plan identified in the comprehensive plan, including
  728  alternative modes of transportation, is exempt from review for
  729  transportation impacts conducted pursuant to this section. This
  730  paragraph does not apply to areas:
  731         1. Within the boundary of any area of critical state
  732  concern designated pursuant to s. 380.05;
  733         2. Within the boundary of the Wekiva Study Area as
  734  described in s. 369.316; or
  735         3.Within 2 miles of the boundary of the Everglades
  736  Protection Area as defined in s. 373.4592(2).
  737  
  738  If a use is exempt from review as a development of regional
  739  impact under paragraphs (a)-(s), but will be part of a larger
  740  project that is subject to review as a development of regional
  741  impact, the impact of the exempt use must be included in the
  742  review of the larger project, unless such exempt use involves a
  743  development of regional impact that includes a landowner,
  744  tenant, or user that has entered into a funding agreement with
  745  the Office of Tourism, Trade, and Economic Development under the
  746  Innovation Incentive Program and the agreement contemplates a
  747  state award of at least $50 million.
  748         Section 7. The Legislature finds that this act fulfills an
  749  important state interest.
  750         Section 8. This act shall take effect upon becoming a law.