| 1 | Representative(s) Bucher offered the following: |
| 2 |
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| 3 | Amendment to Amendment (569577) |
| 4 | Remove line(s) 40-136 and insert: |
| 5 | within a transportation concurrency backlog area except school |
| 6 | districts. |
| 7 | (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG |
| 8 | AUTHORITIES.-- |
| 9 | (a) A county or municipality may create a transportation |
| 10 | concurrency backlog authority if it has an identified |
| 11 | transportation concurrency backlog. |
| 12 | (b) Acting as the transportation concurrency backlog |
| 13 | authority within its jurisdictional boundary, the governing body |
| 14 | of a county or municipality shall adopt and implement a plan to |
| 15 | eliminate all identified transportation concurrency backlogs |
| 16 | within its jurisdiction using funds provided pursuant to |
| 17 | subsection (5) and as otherwise provided pursuant to this |
| 18 | section. |
| 19 | (3) POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG |
| 20 | AUTHORITY.--Each transportation concurrency backlog authority |
| 21 | has the powers necessary or convenient to carry out the purposes |
| 22 | of this section, including the following powers in addition to |
| 23 | others granted in this section: |
| 24 | (a) To make and execute contracts and other instruments |
| 25 | necessary or convenient to the exercise of its powers under this |
| 26 | section. |
| 27 | (b) To undertake and carry out transportation concurrency |
| 28 | backlog projects for all transportation facilities that have a |
| 29 | concurrency backlog within the authority's jurisdiction. |
| 30 | Concurrency backlog projects may include transportation |
| 31 | facilities that provide for alternative modes of travel |
| 32 | including sidewalks, bikeways, and mass transit which are |
| 33 | related to a backlogged transportation facility. |
| 34 | (c) To invest any transportation concurrency backlog funds |
| 35 | held in reserve, sinking funds, or any such funds not required |
| 36 | for immediate disbursement in property or securities in which |
| 37 | savings banks may legally invest funds subject to the control of |
| 38 | the authority and to redeem such bonds as have been issued |
| 39 | pursuant to this section at the redemption price established |
| 40 | therein, or to purchase such bonds at less than redemption |
| 41 | price. All such bonds redeemed or purchased shall be canceled. |
| 42 | (d) To borrow money, apply for and accept advances, loans, |
| 43 | grants, contributions, and any other forms of financial |
| 44 | assistance from the Federal Government or the state, county, or |
| 45 | any other public body or from any sources, public or private, |
| 46 | for the purposes of this part, to give such security as may be |
| 47 | required, to enter into and carry out contracts or agreements, |
| 48 | and to include in any contracts for financial assistance with |
| 49 | the Federal Government for or with respect to a transportation |
| 50 | concurrency backlog project and related activities such |
| 51 | conditions imposed pursuant to federal laws as the |
| 52 | transportation concurrency backlog authority considers |
| 53 | reasonable and appropriate and which are not inconsistent with |
| 54 | the purposes of this section. |
| 55 | (e) To make or have made all surveys and plans necessary |
| 56 | to the carrying out of the purposes of this section, to contract |
| 57 | with any persons, public or private, in making and carrying out |
| 58 | such plans, and to adopt, approve, modify, or amend such |
| 59 | transportation concurrency backlog plans. |
| 60 | (f) To appropriate such funds and make such expenditures |
| 61 | as are necessary to carry out the purposes of this section, and |
| 62 | to enter into agreements with other public bodies, which |
| 63 | agreements may extend over any period notwithstanding any |
| 64 | provision or rule of law to the contrary. |
| 65 | (4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.-- |
| 66 | (a) Each transportation concurrency backlog authority |
| 67 | shall adopt a transportation concurrency backlog plan as a part |
| 68 | of the local government comprehensive plan within 6 months after |
| 69 | the creation of the authority. The plan shall: |
| 70 | 1. Identify all transportation facilities that have been |
| 71 | designated as deficient and require the expenditure of moneys to |
| 72 | upgrade, modify, or mitigate the deficiency. |
| 73 | 2. Include a priority listing of all transportation |
| 74 | facilities that have been designated as deficient and do not |
| 75 | satisfy concurrency requirements pursuant to s. 163.3180, and |
| 76 | the applicable local government comprehensive plan. |
| 77 | 3. Establish a schedule for financing and construction of |
| 78 | transportation concurrency backlog projects that will eliminate |
| 79 | transportation concurrency backlogs within the jurisdiction of |
| 80 | the authority within 10 years after the transportation |
| 81 | concurrency backlog plan adoption. The schedule shall be adopted |
| 82 | as part of the local government comprehensive plan. |
| 83 | (b) The adoption of the transportation concurrency backlog |
| 84 | plan shall be exempt from the provisions of s. 163.3187(1). |
| 85 | (5) ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation |
| 86 | concurrency backlog authority shall establish a local |
| 87 | transportation concurrency backlog trust fund upon creation of |
| 88 | the authority. Each local trust fund shall be administered by |
| 89 | the transportation concurrency backlog authority within which a |
| 90 | transportation concurrency backlog has been identified. |
| 91 | Beginning in the first fiscal year after the creation of the |
| 92 | authority, each local trust fund shall be funded by the proceeds |
| 93 | of an ad valorem tax increment collected within each |
| 94 | transportation concurrency backlog area to be determined |
| 95 | annually and shall be 25 percent of the difference between: |
| 96 | (a) The amount of ad valorem tax levied each year by each |
| 97 | taxing authority, exclusive of any amount from any debt service |
| 98 | millage, on taxable real property contained within the |
| 99 | jurisdiction of the transportation concurrency backlog authority |
| 100 | and within the transportation backlog area; and |
| 101 | (b) The amount of ad valorem taxes which would have been |
| 102 | produced by a rate upon which the tax is levied each year prior |
| 103 | to the effective date of the ordinance funding the trust fund by |
| 104 | or |