Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1928
Barcode 581898
CHAMBER ACTION
Senate House
.
.
1 Comm: RCS .
04/24/2007 01:50 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Transportation and Economic Development
12 Appropriations (Webster) recommended the following amendment:
13
14 Senate Amendment (with title amendment)
15 On page 17, line 15, through
16 page 23, line 18 delete section 8
17
18 and insert:
19 Section 8. Section 163.3182, Florida Statutes, is
20 created to read:
21 163.3182 Transportation concurrency backlogs.--
22 (1) DEFINITIONS.--For purposes of this section, the
23 term:
24 (a) "Transportation construction backlog area" means
25 the geographic area within the unincorporated portion of a
26 county or within the municipal boundary of a municipality
27 designated in a local government comprehensive plan for which
28 a transportation concurrency backlog authority is created
29 pursuant to this section.
30 (b) "Authority" or "transportation concurrency backlog
31 authority" means the governing body of a county or
1
3:18 PM 04/23/07 s1928c2c-ta09-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1928
Barcode 581898
1 municipality within which an authority is created.
2 (c) "Governing body" means the council, commission, or
3 other legislative body charged with governing the county or
4 municipality within which a transportation concurrency backlog
5 authority is created pursuant to this section.
6 (d) "Transportation concurrency backlog" means an
7 identified deficiency where the existing extent of traffic
8 volume exceeds the level of service standard adopted in a
9 local government comprehensive plan for a transportation
10 facility.
11 (e) "Transportation concurrency backlog plan" means
12 the plan adopted as part of a local government comprehensive
13 plan by the governing body of a county or municipality acting
14 as a transportation concurrency backlog authority.
15 (f) "Transportation concurrency backlog project" means
16 any designated transportation project identified for
17 construction within the jurisdiction of a transportation
18 construction backlog authority.
19 (g) "Debt service millage" means any millage levied
20 pursuant to s. 12, Art. VII of the State Constitution.
21 (h) "Increment revenue" means the amount calculated
22 pursuant to s. 163.31825.
23 (i) "Taxing authority" means a public body that levies
24 or is authorized to levy an ad valorem tax on real property
25 located within a transportation concurrency backlog area.
26 (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
27 AUTHORITIES.--
28 (a) A county or municipality may create a
29 transportation concurrency backlog authority if it has an
30 identified transportation concurrency backlog.
31 (b) Acting as the transportation concurrency backlog
2
3:18 PM 04/23/07 s1928c2c-ta09-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1928
Barcode 581898
1 authority within its jurisdictional boundary, the governing
2 body of a county or municipality shall adopt and implement a
3 plan to eliminate all identified transportation concurrency
4 backlogs within its jurisdiction using funds provided pursuant
5 to s. 163.31825 and as otherwise provided pursuant to this
6 section.
7 (3) POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
8 AUTHORITY.--Each transportation concurrency backlog authority
9 has the powers necessary or convenient to carry out the
10 purposes of this section, including the following powers in
11 addition to others granted in this section:
12 (a) To make and execute contracts and other
13 instruments necessary or convenient to the exercise of its
14 powers under this section.
15 (b) To undertake and carry out transportation
16 concurrency backlog projects for all transportation facilities
17 that have a concurrency backlog within the authority's
18 jurisdiction. Concurrency backlog projects may include
19 transportation facilities that provide for alternative modes
20 of travel including sidewalks, bikeways, and mass transit
21 which are related to a backlogged transportation facility.
22 (c) To invest any transportation concurrency backlog
23 funds held in reserve, sinking funds, or any such funds not
24 required for immediate disbursement in property or securities
25 in which savings banks may legally invest funds subject to the
26 control of the authority and to redeem such bonds as have been
27 issued pursuant to this section at the redemption price
28 established therein, or to purchase such bonds at less than
29 redemption price. All such bonds redeemed or purchased shall
30 be canceled.
31 (d) To borrow money, apply for and accept advances,
3
3:18 PM 04/23/07 s1928c2c-ta09-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1928
Barcode 581898
1 loans, grants, contributions, and any other forms of financial
2 assistance from the Federal Government or the state, county,
3 or any other public body or from any sources, public or
4 private, for the purposes of this part, to give such security
5 as is required, to enter into and carry out contracts or
6 agreements, and to include in any contracts for financial
7 assistance with the Federal Government for or with respect to
8 a transportation concurrency backlog project and related
9 activities such conditions imposed pursuant to federal laws as
10 the transportation concurrency backlog authority considers
11 reasonable and appropriate and which are not inconsistent with
12 the purposes of this section.
13 (e) To make or have made all surveys and plans
14 necessary to the carrying out of the purposes of this section,
15 to contract with any persons, public or private, in making and
16 carrying out such plans, and to adopt, approve, modify, or
17 amend such transportation concurrency backlog plans.
18 (f) To appropriate such funds and make such
19 expenditures as are necessary to carry out the purposes of
20 this section, and to enter into agreements with other public
21 bodies which agreements may extend over any period
22 notwithstanding any provision or rule of law to the contrary.
23 (4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.--Each
24 transportation concurrency backlog authority shall adopt a
25 transportation concurrency backlog plan as a part of the local
26 government comprehensive plan within 6 months after the
27 creation of the authority. The plan shall:
28 (a) Identify all transportation facilities that have
29 been designated as deficient and require the expenditure of
30 moneys to upgrade, modify, or mitigate the deficiency.
31 (b) Include a priority listing of all transportation
4
3:18 PM 04/23/07 s1928c2c-ta09-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1928
Barcode 581898
1 facilities that have been designated as deficient and do not
2 satisfy concurrency requirements pursuant to s. 163.3180 and
3 the applicable local government comprehensive plan.
4 (c) Establish a schedule for financing and
5 construction of transportation concurrency backlog projects
6 which will eliminate transportation concurrency backlogs
7 within the jurisdiction of the authority within 10 years after
8 the transportation concurrency backlog plan adoption. The
9 schedule shall be adopted as part of the local government
10 comprehensive plan.
11 (d) The adoption of the transportation concurrency
12 backlog plan shall be exempt from the provisions of s.
13 163.3187(1).
14 (5) ESTABLISHMENT OF LOCAL TRUST FUND.--The
15 transportation concurrency backlog authority shall establish a
16 local transportation concurrency backlog trust fund upon
17 creation of the authority. Each local trust fund shall be
18 administered by the transportation concurrency backlog
19 authority within which a transportation concurrency backlog
20 has been identified. Beginning in the first fiscal year after
21 the creation of the authority, each local trust fund shall be
22 funded by the proceeds of an ad valorem tax increment
23 collected within each transportation concurrency backlog area
24 to be determined annually and shall be a minimum of an amount
25 equal to 25 percent of the difference between:
26 (a) The amount of ad valorem tax levied each year by
27 each taxing authority, exclusive of any amount from any debt
28 service millage, on taxable real property contained within the
29 jurisdiction of the transportation concurrency backlog
30 authority and within the transportation backlog area; and
31 (b) The amount of ad valorem taxes that would have
5
3:18 PM 04/23/07 s1928c2c-ta09-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1928
Barcode 581898
1 been produced by a rate upon which the tax is levied each year
2 by or for each taxing authority exclusive of any debt service
3 millage upon the total of the assessed value of the taxable
4 real property within the transportation concurrency backlog
5 area as shown on the most recent assessment roll used in
6 connection with the taxation of such property by each taxing
7 authority.
8 (6) EXEMPTIONS.--
9 (a) The following public bodies or taxing authorities
10 are exempt from the provision of this section:
11 1. A special district that levies ad valorem taxes on
12 taxable real property in more than one county.
13 2. A special district for which the sole available
14 source of revenue the district has the authority to levy ad
15 valorem taxes at the time an ordinance is adopted under this
16 section. However, revenues or aid that may be dispensed or
17 appropriated to a district as defined in s. 388.011 at the
18 discretion of an entity other than such district shall not be
19 deemed available.
20 3. A library district.
21 4. A neighborhood improvement district created under
22 the Safe Neighborhoods Act.
23 5. A metropolitan transportation authority.
24 6. A water management district created under s.
25 373.069.
26 (b) A transportation concurrency exemption authority
27 may also exempt from this section a special district that
28 levies ad valorem taxes within the transportation concurrency
29 backlog area pursuant to s. 163.387(2)(d).
30 (7) TRANSPORTATION CONCURRENCY SATISFACTION.--Upon
31 adoption of a transportation concurrency backlog plan as a
6
3:18 PM 04/23/07 s1928c2c-ta09-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1928
Barcode 581898
1 part of the local government comprehensive plan, and the plan
2 going into effect, the area subject to the plan shall be
3 deemed to have achieved and maintained transportation level of
4 service standards, and to have met requirements for financial
5 feasibility for transportation facilities, and for the purpose
6 of proposed development transportation concurrency has been
7 satisfied. Proportionate fair share mitigation shall be
8 limited to ensure that a development inside a transportation
9 concurrency backlog area is not responsible for the additional
10 costs of eliminating backlogs.
11 (8) DISSOLUTION.--Upon completion of all
12 transportation concurrency backlog projects, a transportation
13 concurrency backlog authority shall be dissolved and its
14 assets and liabilities shall be transferred to the county or
15 municipality within which the authority is located. All
16 remaining assets of the authority must be used for
17 implementation of transportation projects within the
18 jurisdiction of the authority. The local government
19 comprehensive plan shall be amended to remove the
20 transportation concurrency backlog plan.
21
22
23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 On page 2, lines 2-16, delete those lines
26
27 and insert:
28 F.S.; providing for the creation of
29 transportation concurrency backlog authorities;
30 providing powers and responsibilities of such
31 authorities; providing for transportation
7
3:18 PM 04/23/07 s1928c2c-ta09-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1928
Barcode 581898
1 concurrency backlog plans; providing for the
2 issuance of revenue bonds for certain purposes;
3 providing for the establishment of a local
4 trust fund within each county or municipality
5 having an identified transportation concurrency
6 backlog; providing exemptions from
7 transportation concurrency requirements;
8 providing for the satisfaction of concurrency
9 requirements; providing for dissolution of
10 transportation concurrency backlog authorities;
11 amending s. 212.055, F.S.;
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
8
3:18 PM 04/23/07 s1928c2c-ta09-bz1