Amendment
Bill No. 0985
Amendment No. 569577
CHAMBER ACTION
Senate House
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1Representative(s) Bucher offered the following:
2
3     Amendment (with title amendment)
4     Between lines 3465 and 3466, insert:
5     Section 52.  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 s. 163.31825.
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.
41     (2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
42AUTHORITIES.--
43     (a)  A county or municipality may create a transportation
44concurrency backlog authority if it has an identified
45transportation concurrency backlog.
46     (b)  Acting as the transportation concurrency backlog
47authority within its jurisdictional boundary, the governing body
48of a county or municipality shall adopt and implement a plan to
49eliminate all identified transportation concurrency backlogs
50within its jurisdiction using funds provided pursuant to s.
51163.31825 and as otherwise provided pursuant to this section.
52     (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
53AUTHORITY.--Each transportation concurrency backlog authority
54has the powers necessary or convenient to carry out the purposes
55of this section, including the following powers in addition to
56others granted in this section:
57     (a)  To make and execute contracts and other instruments
58necessary or convenient to the exercise of its powers under this
59section.
60     (b)  To undertake and carry out transportation concurrency
61backlog projects for all transportation facilities that have a
62concurrency backlog within the authority's jurisdiction.
63Concurrency backlog projects may include transportation
64facilities that provide for alternative modes of travel
65including sidewalks, bikeways, and mass transit which are
66related to a backlogged transportation facility.
67     (c)  To invest any transportation concurrency backlog funds
68held in reserve, sinking funds, or any such funds not required
69for immediate disbursement in property or securities in which
70savings banks may legally invest funds subject to the control of
71the authority and to redeem such bonds as have been issued
72pursuant to this section at the redemption price established
73therein, or to purchase such bonds at less than redemption
74price. All such bonds redeemed or purchased shall be canceled.
75     (d)  To borrow money, apply for and accept advances, loans,
76grants, contributions, and any other forms of financial
77assistance from the Federal Government or the state, county, or
78any other public body or from any sources, public or private,
79for the purposes of this part, to give such security as may be
80required, to enter into and carry out contracts or agreements,
81and to include in any contracts for financial assistance with
82the Federal Government for or with respect to a transportation
83concurrency backlog project and related activities such
84conditions imposed pursuant to federal laws as the
85transportation concurrency backlog authority considers
86reasonable and appropriate and which are not inconsistent with
87the purposes of this section.
88     (e)  To make or have made all surveys and plans necessary
89to the carrying out of the purposes of this section, to contract
90with any persons, public or private, in making and carrying out
91such plans, and to adopt, approve, modify, or amend such
92transportation concurrency backlog plans.
93     (f)  To appropriate such funds and make such expenditures
94as are necessary to carry out the purposes of this section, and
95to enter into agreements with other public bodies, which
96agreements may extend over any period notwithstanding any
97provision or rule of law to the contrary.
98     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
99     (a)  Each transportation concurrency backlog authority
100shall adopt a transportation concurrency backlog plan as a part
101of the local government comprehensive plan within 6 months after
102the creation of the authority. The plan shall:
103     1.  Identify all transportation facilities that have been
104designated as deficient and require the expenditure of moneys to
105upgrade, modify, or mitigate the deficiency.
106     2.  Include a priority listing of all transportation
107facilities that have been designated as deficient and do not
108satisfy concurrency requirements pursuant to s. 163.3180, and
109the applicable local government comprehensive plan.
110     3.  Establish a schedule for financing and construction of
111transportation concurrency backlog projects that will eliminate
112transportation concurrency backlogs within the jurisdiction of
113the authority within 10 years after the transportation
114concurrency backlog plan adoption. The schedule shall be adopted
115as part of the local government comprehensive plan.
116     (b)  The adoption of the transportation concurrency backlog
117plan shall be exempt from the provisions of s. 163.3187(1).
118     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
119concurrency backlog authority shall establish a local
120transportation concurrency backlog trust fund upon creation of
121the authority. Each local trust fund shall be administered by
122the transportation concurrency backlog authority within which a
123transportation concurrency backlog has been identified.
124Beginning in the first fiscal year after the creation of the
125authority, each local trust fund shall be funded by the proceeds
126of an ad valorem tax increment collected within each
127transportation concurrency backlog area to be determined
128annually and shall be a minimum of an amount equal to 25 percent
129of the difference between:
130     (a)  The amount of ad valorem tax levied each year by each
131taxing authority, exclusive of any amount from any debt service
132millage, on taxable real property contained within the
133jurisdiction of the transportation concurrency backlog authority
134and within the transportation backlog area; and
135     (b)  The amount of ad valorem taxes which would have been
136produced by a rate upon which the tax is levied each year by or
137for each taxing authority exclusive of any debt service millage
138upon the total of the assessed value of the taxable real
139property within the transportation concurrency backlog area as
140shown on the most recent assessment roll used in connection with
141the taxation of such property by each taxing authority.
142     (6)  EXEMPTIONS.--
143     (a)  The following public bodies or taxing authorities are
144exempt from the provision of this section:
145     1.  A special district that levies ad valorem taxes on
146taxable real property in more than one county.
147     2.  A special district for which the sole available source
148of revenue is the authority to levy ad valorem taxes at the time
149an ordinance is adopted under this section. However, revenues or
150aid that may be dispensed or appropriated to a district as
151defined in s. 388.011 at the discretion of an entity other than
152such district shall not be deemed available.
153     3.  A library district.
154     4.  A neighborhood improvement district created under the
155Safe 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
159also exempt from this section a special district that levies ad
160valorem taxes within the transportation concurrency backlog area
161pursuant to s. 163.387(2)(d).
162     (7)  TRANSPORTATION CONCURRENCY SATISFACTION.--Upon
163adoption of a transportation concurrency backlog plan as a part
164of the local government comprehensive plan, and the plan going
165into effect, the area subject to the plan shall be deemed to
166have achieved and maintained transportation level of service
167standards, and to have met requirements for financial
168feasibility for transportation facilities, and for the purpose
169of proposed development transportation concurrency has been
170satisfied. Proportionate fair share mitigation shall be limited
171to ensure that a development inside a transportation concurrency
172backlog area is not responsible for the additional costs of
173eliminating backlogs.
174     (8)  DISSOLUTION.--Upon completion of all transportation
175concurrency backlog projects, a transportation concurrency
176backlog authority shall be dissolved and its assets and
177liabilities shall be transferred to the county or municipality
178within which the authority is located. All remaining assets of
179the authority must be used for implementation of transportation
180projects within the jurisdiction of the authority. The local
181government comprehensive plan shall be amended to remove the
182transportation concurrency backlog plan.
183
184
185======= T I T L E  A M E N D M E N T =======
186     Remove line 266 and insert:
187purposes; creating s. 163.3192, F.S.; providing for the
188creation of transportation concurrency backlog
189authorities; providing definitions; providing powers and
190responsibilities of such authorities; providing for
191transportation concurrency backlog plans; providing for
192the issuance of revenue bonds for certain purposes;
193providing for the establishment of a local trust fund
194within each county or municipality with an identified
195transportation concurrency backlog; providing exemptions
196from transportation concurrency requirements; providing
197for the satisfaction of concurrency requirements;
198providing for dissolution of transportation concurrency
199backlog authorities; providing an effective date.


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