Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 1928
                        Barcode 115580
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 9/AD/2R          .                    
       04/30/2007 04:08 PM         .                    
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11  Senator Baker moved the following amendment:
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13         Senate Amendment 
14         On page 17, line 13, through page 22, line 26, delete
15  those lines
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17  and insert:  
18         Section 7.  Section 163.3182, Florida Statutes, is
19  created to read:
20         163.3182  Transportation concurrency backlogs.--
21         (1)  DEFINITIONS.--For purposes of this section, the
22  term:
23         (a)  "Transportation construction backlog area" means
24  the geographic area within the unincorporated portion of a
25  county or within the municipal boundary of a municipality
26  designated in a local government comprehensive plan for which
27  a transportation concurrency backlog authority is created
28  pursuant to this section. A transportation concurrency backlog
29  area created within the corporate boundary of a municipality
30  shall be made pursuant to an interlocal agreement between a
31  county, a municipality or municipalities, and any affected
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    10:31 AM   04/30/07                            s1928c3b-20-302

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 115580 1 taxing authority or authorities. 2 (b) "Authority" or "transportation concurrency backlog 3 authority" means the governing body of a county or 4 municipality within which an authority is created. 5 (c) "Governing body" means the council, commission, or 6 other legislative body charged with governing the county or 7 municipality within which a transportation concurrency backlog 8 authority is created pursuant to this section. 9 (d) "Transportation concurrency backlog" means an 10 identified deficiency where the existing extent of traffic 11 volume exceeds the level of service standard adopted in a 12 local government comprehensive plan for a transportation 13 facility. 14 (e) "Transportation concurrency backlog plan" means 15 the plan adopted as part of a local government comprehensive 16 plan by the governing body of a county or municipality acting 17 as a transportation concurrency backlog authority. 18 (f) "Transportation concurrency backlog project" means 19 any designated transportation project identified for 20 construction within the jurisdiction of a transportation 21 construction backlog authority. 22 (g) "Debt service millage" means any millage levied 23 pursuant to s. 12, Art. VII of the State Constitution. 24 (h) "Increment revenue" means the amount calculated 25 pursuant to subsection (5). 26 (i) "Taxing authority" means a public body that levies 27 or is authorized to levy an ad valorem tax on real property 28 located within a transportation concurrency backlog area, 29 except a school district. 30 (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG 31 AUTHORITIES.-- 2 10:31 AM 04/30/07 s1928c3b-20-302
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 115580 1 (a) A county or municipality may create a 2 transportation concurrency backlog authority if it has an 3 identified transportation concurrency backlog. 4 (b) Acting as the transportation concurrency backlog 5 authority within the authority's jurisdictional boundary, the 6 governing body of a county or municipality shall adopt and 7 implement a plan to eliminate all identified transportation 8 concurrency backlogs within the authority's jurisdiction using 9 funds provided pursuant to subsection (5) and as otherwise 10 provided pursuant to this section. 11 (3) POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG 12 AUTHORITY.--Each transportation concurrency backlog authority 13 has the powers necessary or convenient to carry out the 14 purposes of this section, including the following powers in 15 addition to others granted in this section: 16 (a) To make and execute contracts and other 17 instruments necessary or convenient to the exercise of its 18 powers under this section. 19 (b) To undertake and carry out transportation 20 concurrency backlog projects for transportation facilities 21 that have a concurrency backlog within the authority's 22 jurisdiction. Concurrency backlog projects may include 23 transportation facilities that provide for alternative modes 24 of travel including sidewalks, bikeways, and mass transit 25 which are related to a backlogged transportation facility. 26 (c) To invest any transportation concurrency backlog 27 funds held in reserve, sinking funds, or any such funds not 28 required for immediate disbursement in property or securities 29 in which savings banks may legally invest funds subject to the 30 control of the authority and to redeem such bonds as have been 31 issued pursuant to this section at the redemption price 3 10:31 AM 04/30/07 s1928c3b-20-302
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 115580 1 established therein, or to purchase such bonds at less than 2 redemption price. All such bonds redeemed or purchased shall 3 be canceled. 4 (d) To borrow money, apply for and accept advances, 5 loans, grants, contributions, and any other forms of financial 6 assistance from the Federal Government or the state, county, 7 or any other public body or from any sources, public or 8 private, for the purposes of this part, to give such security 9 as may be required, to enter into and carry out contracts or 10 agreements, and to include in any contracts for financial 11 assistance with the Federal Government for or with respect to 12 a transportation concurrency backlog project and related 13 activities such conditions imposed pursuant to federal laws as 14 the transportation concurrency backlog authority considers 15 reasonable and appropriate and which are not inconsistent with 16 the purposes of this section. 17 (e) To make or have made all surveys and plans 18 necessary to the carrying out of the purposes of this section, 19 to contract with any persons, public or private, in making and 20 carrying out such plans, and to adopt, approve, modify, or 21 amend such transportation concurrency backlog plans. 22 (f) To appropriate such funds and make such 23 expenditures as are necessary to carry out the purposes of 24 this section, and to enter into agreements with other public 25 bodies, which agreements may extend over any period 26 notwithstanding any provision or rule of law to the contrary. 27 (4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.-- 28 (a) Each transportation concurrency backlog authority 29 shall adopt a transportation concurrency backlog plan as a 30 part of the local government comprehensive plan within 6 31 months after the creation of the authority. The plan shall: 4 10:31 AM 04/30/07 s1928c3b-20-302
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 115580 1 1. Identify all transportation facilities that have 2 been designated as deficient and require the expenditure of 3 moneys to upgrade, modify, or mitigate the deficiency. 4 2. Include a priority listing of all transportation 5 facilities that have been designated as deficient and do not 6 satisfy concurrency requirements pursuant to s. 163.3180, and 7 the applicable local government comprehensive plan. 8 3. Establish a schedule for financing and construction 9 of transportation concurrency backlog projects that will 10 eliminate transportation concurrency backlogs within the 11 jurisdiction of the authority within 10 years after the 12 transportation concurrency backlog plan adoption. The schedule 13 shall be adopted as part of the local government comprehensive 14 plan. 15 (b) The adoption of the transportation concurrency 16 backlog plan shall be exempt from the provisions of s. 17 163.3187(1). 18 (5) ESTABLISHMENT OF LOCAL TRUST FUND.--The 19 transportation concurrency backlog authority shall establish a 20 local transportation concurrency backlog trust fund upon 21 creation of the authority. Each local trust fund shall be 22 administered by the transportation concurrency backlog 23 authority within which a transportation concurrency backlog 24 has been identified. Beginning in the first fiscal year after 25 the creation of the authority, each local trust fund shall be 26 funded by the proceeds of an ad valorem tax increment 27 collected within each transportation concurrency backlog area 28 to be determined annually and shall be 25 percent of the 29 difference between: 30 (a) The amount of ad valorem tax levied each year by 31 each taxing authority, exclusive of any amount from any debt 5 10:31 AM 04/30/07 s1928c3b-20-302
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 115580 1 service millage, on taxable real property contained within the 2 jurisdiction of the transportation concurrency backlog 3 authority and within the transportation backlog area; and 4 (b) The amount of ad valorem taxes which would have 5 been produced by the rate upon which the tax is levied each 6 year by or for each taxing authority, exclusive of any debt 7 service millage, upon the total of the assessed value of the 8 taxable real property within the transportation concurrency 9 backlog area as shown on the most recent assessment roll used 10 in connection with the taxation of such property of each 11 taxing authority prior to the effective date of the ordinance 12 funding the trust fund. 13 (6) EXEMPTIONS.-- 14 (a) The following public bodies or taxing authorities 15 are exempt from the provision of this section: 16 1. A special district that levies ad valorem taxes on 17 taxable real property in more than one county. 18 2. Special district for which the sole available 19 source of revenue is the authority to levy ad valorem taxes at 20 the time an ordinance is adopted under this section. However, 21 revenues or aid that may be dispensed or appropriated to a 22 district as defined in s. 388.011 at the discretion of an 23 entity other than such district shall not be deemed available. 24 3. A library district. 25 4. A neighborhood improvement district created under 26 the Safe Neighborhoods Act. 27 5. A metropolitan transportation authority. 28 6. A water management district created under s. 29 373.069. 30 7. A community redevelopment agency. 31 (b) A transportation concurrency exemption authority 6 10:31 AM 04/30/07 s1928c3b-20-302
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 115580 1 may also exempt from this section a special district that 2 levies ad valorem taxes within the transportation concurrency 3 backlog area pursuant to s. 163.387(2)(d). 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 10:31 AM 04/30/07 s1928c3b-20-302