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