1 | Representative(s) Bucher offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 3465 and 3466, insert: |
5 | Section 52. 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 s. 163.31825. |
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. |
41 | (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG |
42 | AUTHORITIES.-- |
43 | (a) A county or municipality may create a transportation |
44 | concurrency backlog authority if it has an identified |
45 | transportation concurrency backlog. |
46 | (b) Acting as the transportation concurrency backlog |
47 | authority within its jurisdictional boundary, the governing body |
48 | of a county or municipality shall adopt and implement a plan to |
49 | eliminate all identified transportation concurrency backlogs |
50 | within its jurisdiction using funds provided pursuant to s. |
51 | 163.31825 and as otherwise provided pursuant to this section. |
52 | (3) POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG |
53 | AUTHORITY.--Each transportation concurrency backlog authority |
54 | has the powers necessary or convenient to carry out the purposes |
55 | of this section, including the following powers in addition to |
56 | others granted in this section: |
57 | (a) To make and execute contracts and other instruments |
58 | necessary or convenient to the exercise of its powers under this |
59 | section. |
60 | (b) To undertake and carry out transportation concurrency |
61 | backlog projects for all transportation facilities that have a |
62 | concurrency backlog within the authority's jurisdiction. |
63 | Concurrency backlog projects may include transportation |
64 | facilities that provide for alternative modes of travel |
65 | including sidewalks, bikeways, and mass transit which are |
66 | related to a backlogged transportation facility. |
67 | (c) To invest any transportation concurrency backlog funds |
68 | held in reserve, sinking funds, or any such funds not required |
69 | for immediate disbursement in property or securities in which |
70 | savings banks may legally invest funds subject to the control of |
71 | the authority and to redeem such bonds as have been issued |
72 | pursuant to this section at the redemption price established |
73 | therein, or to purchase such bonds at less than redemption |
74 | price. All such bonds redeemed or purchased shall be canceled. |
75 | (d) To borrow money, apply for and accept advances, loans, |
76 | grants, contributions, and any other forms of financial |
77 | assistance from the Federal Government or the state, county, or |
78 | any other public body or from any sources, public or private, |
79 | for the purposes of this part, to give such security as may be |
80 | required, to enter into and carry out contracts or agreements, |
81 | and to include in any contracts for financial assistance with |
82 | the Federal Government for or with respect to a transportation |
83 | concurrency backlog project and related activities such |
84 | conditions imposed pursuant to federal laws as the |
85 | transportation concurrency backlog authority considers |
86 | reasonable and appropriate and which are not inconsistent with |
87 | the purposes of this section. |
88 | (e) To make or have made all surveys and plans necessary |
89 | to the carrying out of the purposes of this section, to contract |
90 | with any persons, public or private, in making and carrying out |
91 | such plans, and to adopt, approve, modify, or amend such |
92 | transportation concurrency backlog plans. |
93 | (f) To appropriate such funds and make such expenditures |
94 | as are necessary to carry out the purposes of this section, and |
95 | to enter into agreements with other public bodies, which |
96 | agreements may extend over any period notwithstanding any |
97 | provision or rule of law to the contrary. |
98 | (4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.-- |
99 | (a) Each transportation concurrency backlog authority |
100 | shall adopt a transportation concurrency backlog plan as a part |
101 | of the local government comprehensive plan within 6 months after |
102 | the creation of the authority. The plan shall: |
103 | 1. Identify all transportation facilities that have been |
104 | designated as deficient and require the expenditure of moneys to |
105 | upgrade, modify, or mitigate the deficiency. |
106 | 2. Include a priority listing of all transportation |
107 | facilities that have been designated as deficient and do not |
108 | satisfy concurrency requirements pursuant to s. 163.3180, and |
109 | the applicable local government comprehensive plan. |
110 | 3. Establish a schedule for financing and construction of |
111 | transportation concurrency backlog projects that will eliminate |
112 | transportation concurrency backlogs within the jurisdiction of |
113 | the authority within 10 years after the transportation |
114 | concurrency backlog plan adoption. The schedule shall be adopted |
115 | as part of the local government comprehensive plan. |
116 | (b) The adoption of the transportation concurrency backlog |
117 | plan shall be exempt from the provisions of s. 163.3187(1). |
118 | (5) ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation |
119 | concurrency backlog authority shall establish a local |
120 | transportation concurrency backlog trust fund upon creation of |
121 | the authority. Each local trust fund shall be administered by |
122 | the transportation concurrency backlog authority within which a |
123 | transportation concurrency backlog has been identified. |
124 | Beginning in the first fiscal year after the creation of the |
125 | authority, each local trust fund shall be funded by the proceeds |
126 | of an ad valorem tax increment collected within each |
127 | transportation concurrency backlog area to be determined |
128 | annually and shall be a minimum of an amount equal to 25 percent |
129 | of the difference between: |
130 | (a) The amount of ad valorem tax levied each year by each |
131 | taxing authority, exclusive of any amount from any debt service |
132 | millage, on taxable real property contained within the |
133 | jurisdiction of the transportation concurrency backlog authority |
134 | and within the transportation backlog area; and |
135 | (b) The amount of ad valorem taxes which would have been |
136 | produced by a rate upon which the tax is levied each year by or |
137 | for each taxing authority exclusive of any debt service millage |
138 | upon the total of the assessed value of the taxable real |
139 | property within the transportation concurrency backlog area as |
140 | shown on the most recent assessment roll used in connection with |
141 | the taxation of such property by each taxing authority. |
142 | (6) EXEMPTIONS.-- |
143 | (a) The following public bodies or taxing authorities are |
144 | exempt from the provision of this section: |
145 | 1. A special district that levies ad valorem taxes on |
146 | taxable real property in more than one county. |
147 | 2. A special district for which the sole available source |
148 | of revenue is the authority to levy ad valorem taxes at the time |
149 | an ordinance is adopted under this section. However, revenues or |
150 | aid that may be dispensed or appropriated to a district as |
151 | defined in s. 388.011 at the discretion of an entity other than |
152 | such district shall not be deemed available. |
153 | 3. A library district. |
154 | 4. A neighborhood improvement district created under the |
155 | Safe Neighborhoods Act. |
156 | 5. A metropolitan transportation authority. |
157 | 6. A water management district created under s. 373.069. |
158 | (b) A transportation concurrency exemption authority may |
159 | also exempt from this section a special district that levies ad |
160 | valorem taxes within the transportation concurrency backlog area |
161 | pursuant to s. 163.387(2)(d). |
162 | (7) TRANSPORTATION CONCURRENCY SATISFACTION.--Upon |
163 | adoption of a transportation concurrency backlog plan as a part |
164 | of the local government comprehensive plan, and the plan going |
165 | into effect, the area subject to the plan shall be deemed to |
166 | have achieved and maintained transportation level of service |
167 | standards, and to have met requirements for financial |
168 | feasibility for transportation facilities, and for the purpose |
169 | of proposed development transportation concurrency has been |
170 | satisfied. Proportionate fair share mitigation shall be limited |
171 | to ensure that a development inside a transportation concurrency |
172 | backlog area is not responsible for the additional costs of |
173 | eliminating backlogs. |
174 | (8) DISSOLUTION.--Upon completion of all transportation |
175 | concurrency backlog projects, a transportation concurrency |
176 | backlog authority shall be dissolved and its assets and |
177 | liabilities shall be transferred to the county or municipality |
178 | within which the authority is located. All remaining assets of |
179 | the authority must be used for implementation of transportation |
180 | projects within the jurisdiction of the authority. The local |
181 | government comprehensive plan shall be amended to remove the |
182 | transportation concurrency backlog plan. |
183 |
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184 |
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185 | ======= T I T L E A M E N D M E N T ======= |
186 | Remove line 266 and insert: |
187 | purposes; creating s. 163.3192, F.S.; providing for the |
188 | creation of transportation concurrency backlog |
189 | authorities; providing definitions; providing powers and |
190 | responsibilities of such authorities; providing for |
191 | transportation concurrency backlog plans; providing for |
192 | the issuance of revenue bonds for certain purposes; |
193 | providing for the establishment of a local trust fund |
194 | within each county or municipality with an identified |
195 | transportation concurrency backlog; providing exemptions |
196 | from transportation concurrency requirements; providing |
197 | for the satisfaction of concurrency requirements; |
198 | providing for dissolution of transportation concurrency |
199 | backlog authorities; providing an effective date. |