Amendment
Bill No. 7203
Amendment No. 290561
CHAMBER ACTION
Senate House
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1Representative(s) Bucher offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 537-717 and insert:
5     Section 4.  Section 163.3182, Florida Statutes, is created
6to 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
10geographic area within the unincorporated portion of a county or
11within the municipal boundary of a municipality designated in a
12local government comprehensive plan for which a transportation
13concurrency backlog authority is created pursuant to this
14section.
15     (b)  "Authority" or "transportation concurrency backlog
16authority" means the governing body of a county or municipality
17within which an authority is created.
18     (c)  "Governing body" means the council, commission, or
19other legislative body charged with governing the county or
20municipality within which a transportation concurrency backlog
21authority is created pursuant to this section.
22     (d)  "Transportation concurrency backlog" means an
23identified deficiency where the existing extent of traffic
24volume exceeds the level of service standard adopted in a local
25government comprehensive plan for a transportation facility.
26     (e)  "Transportation concurrency backlog plan" means the
27plan adopted as part of a local government comprehensive plan by
28the governing body of a county or municipality acting as a
29transportation concurrency backlog authority.
30     (f)  "Transportation concurrency backlog project" means any
31designated transportation project identified for construction
32within the jurisdiction of a transportation construction backlog
33authority.
34     (g)  "Debt service millage" means any millage levied
35pursuant to s. 12, Art. VII of the State Constitution.
36     (h)  "Increment revenue" means the amount calculated
37pursuant to subsection (5).
38     (i)  "Taxing authority" means a public body that levies or
39is authorized to levy an ad valorem tax on real property located
40within a transportation concurrency backlog area, except a
41school district.
42     (2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
43AUTHORITIES.--
44     (a)  A county or municipality may create a transportation
45concurrency backlog authority if it has an identified
46transportation concurrency backlog.
47     (b)  Acting as the transportation concurrency backlog
48authority within its jurisdictional boundary, the governing body
49of a county or municipality shall adopt and implement a plan to
50eliminate all identified transportation concurrency backlogs
51within its jurisdiction using funds provided pursuant to
52subsection (5) and as otherwise provided pursuant to this
53section.
54     (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
55AUTHORITY.--Each transportation concurrency backlog authority
56has the powers necessary or convenient to carry out the purposes
57of this section, including the following powers in addition to
58others granted in this section:
59     (a)  To make and execute contracts and other instruments
60necessary or convenient to the exercise of its powers under this
61section.
62     (b)  To undertake and carry out transportation concurrency
63backlog projects for all transportation facilities that have a
64concurrency backlog within the authority's jurisdiction.
65Concurrency backlog projects may include transportation
66facilities that provide for alternative modes of travel
67including sidewalks, bikeways, and mass transit which are
68related to a backlogged transportation facility.
69     (c)  To invest any transportation concurrency backlog funds
70held in reserve, sinking funds, or any such funds not required
71for immediate disbursement in property or securities in which
72savings banks may legally invest funds subject to the control of
73the authority and to redeem such bonds as have been issued
74pursuant to this section at the redemption price established
75therein, or to purchase such bonds at less than redemption
76price. All such bonds redeemed or purchased shall be canceled.
77     (d)  To borrow money, apply for and accept advances, loans,
78grants, contributions, and any other forms of financial
79assistance from the Federal Government or the state, county, or
80any other public body or from any sources, public or private,
81for the purposes of this part, to give such security as may be
82required, to enter into and carry out contracts or agreements,
83and to include in any contracts for financial assistance with
84the Federal Government for or with respect to a transportation
85concurrency backlog project and related activities such
86conditions imposed pursuant to federal laws as the
87transportation concurrency backlog authority considers
88reasonable and appropriate and which are not inconsistent with
89the purposes of this section.
90     (e)  To make or have made all surveys and plans necessary
91to the carrying out of the purposes of this section, to contract
92with any persons, public or private, in making and carrying out
93such plans, and to adopt, approve, modify, or amend such
94transportation concurrency backlog plans.
95     (f)  To appropriate such funds and make such expenditures
96as are necessary to carry out the purposes of this section, and
97to enter into agreements with other public bodies, which
98agreements may extend over any period notwithstanding any
99provision or rule of law to the contrary.
100     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
101     (a)  Each transportation concurrency backlog authority
102shall adopt a transportation concurrency backlog plan as a part
103of the local government comprehensive plan within 6 months after
104the creation of the authority. The plan shall:
105     1.  Identify all transportation facilities that have been
106designated as deficient and require the expenditure of moneys to
107upgrade, modify, or mitigate the deficiency.
108     2.  Include a priority listing of all transportation
109facilities that have been designated as deficient and do not
110satisfy concurrency requirements pursuant to s. 163.3180, and
111the applicable local government comprehensive plan.
112     3.  Establish a schedule for financing and construction of
113transportation concurrency backlog projects that will eliminate
114transportation concurrency backlogs within the jurisdiction of
115the authority within 10 years after the transportation
116concurrency backlog plan adoption. The schedule shall be adopted
117as part of the local government comprehensive plan.
118     (b)  The adoption of the transportation concurrency backlog
119plan shall be exempt from the provisions of s. 163.3187(1).
120     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
121concurrency backlog authority shall establish a local
122transportation concurrency backlog trust fund upon creation of
123the authority. Each local trust fund shall be administered by
124the transportation concurrency backlog authority within which a
125transportation concurrency backlog has been identified.
126Beginning in the first fiscal year after the creation of the
127authority, each local trust fund shall be funded by the proceeds
128of an ad valorem tax increment collected within each
129transportation concurrency backlog area to be determined
130annually and shall be 25 percent of the difference between:
131     (a)  The amount of ad valorem tax levied each year by each
132taxing authority, exclusive of any amount from any debt service
133millage, on taxable real property contained within the
134jurisdiction of the transportation concurrency backlog authority
135and within the transportation backlog area; and
136     (b)  The amount of ad valorem taxes which would have been
137produced by a rate upon which the tax is levied each year prior
138to the effective date of the ordinance funding the trust fund by
139or for each taxing authority exclusive of any debt service
140millage upon the total of the assessed value of the taxable real
141property within the transportation concurrency backlog area as
142shown on the most recent assessment roll used in connection with
143the taxation of such property by each taxing authority.
144     (6)  EXEMPTIONS.--
145     (a)  The following public bodies or taxing authorities are
146exempt from the provision of this section:
147     1.  A special district that levies ad valorem taxes on
148taxable real property in more than one county.
149     2.  A special district for which the sole available source
150of revenue is the authority to levy ad valorem taxes at the time
151an ordinance is adopted under this section. However, revenues or
152aid that may be dispensed or appropriated to a district as
153defined in s. 388.011 at the discretion of an entity other than
154such district shall not be deemed available.
155     3.  A library district.
156     4.  A neighborhood improvement district created under the
157Safe 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
161also exempt from this section a special district that levies ad
162valorem taxes within the transportation concurrency backlog area
163pursuant to s. 163.387(2)(d).
164     (7)  TRANSPORTATION CONCURRENCY SATISFACTION.--Upon
165adoption of a transportation concurrency backlog plan as a part
166of the local government comprehensive plan, and the plan going
167into effect, the area subject to the plan shall be deemed to
168have achieved and maintained transportation level of service
169standards, and to have met requirements for financial
170feasibility for transportation facilities, and for the purpose
171of proposed development transportation concurrency has been
172satisfied. Proportionate fair share mitigation shall be limited
173to ensure that a development inside a transportation concurrency
174backlog area is not responsible for the additional costs of
175eliminating backlogs.
176     (8)  DISSOLUTION.--Upon completion of all transportation
177concurrency backlog projects, a transportation concurrency
178backlog authority shall be dissolved and its assets and
179liabilities shall be transferred to the county or municipality
180within which the authority is located. All remaining assets of
181the authority must be used for implementation of transportation
182projects within the jurisdiction of the authority. The local
183government comprehensive plan shall be amended to remove the
184transportation concurrency backlog plan.
185
186======= T I T L E  A M E N D M E N T =======
187     Remove line(s) 14-29 and insert:
188163.3182, F.S.; providing for the creation of transportation
189concurrency backlog authorities; providing definitions;
190providing powers and responsibilities of such authorities;
191providing for transportation concurrency backlog plans;
192providing for the issuance of revenue bonds for certain
193purposes; providing for the establishment of a local trust fund
194within each county or municipality with an identified
195transportation concurrency backlog; providing exemptions from
196transportation concurrency requirements; providing for the
197satisfaction of concurrency requirements; providing for
198dissolution of transportation concurrency backlog authorities;
199amending s. 163.3187, F.S.; revising a


CODING: Words stricken are deletions; words underlined are additions.