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A bill to be entitled

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An act relating to transportation; providing legislative

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findings with respect to the need to preserve investments

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in transportation infrastructure and reduce congestion;

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creating the Florida Transportation Revenue Study

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Commission for the purpose of studying the state's

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transportation needs and developing recommendations;

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requiring that the commission submit a report to the

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Legislature by a specified date; establishing powers and

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duties of the commission; providing for membership and

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authorizing the reimbursement of members for per diem and

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travel expenses; providing requirements for meetings of

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the commission; requiring the Center for Urban

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Transportation Research at the University of South Florida

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to provide staff support to the commission; amending s.

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163.3182, F.S.; providing legislative findings with

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respect to the public purpose in eliminating

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transportation deficiencies; authorizing transportation

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concurrency backlog authorities to issue bonds; revising

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provisions related to financing schedules; increasing the

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ad valorem tax increment used to fund a transportation

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concurrency backlog trust fund; revising the conditions

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for dissolving a transportation concurrency backlog

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authority; providing appropriations; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Florida Transportation Revenue Study

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Commission.--

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     (1) The Legislature finds and declares that the costs of

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preserving investments in transportation infrastructure and

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eliminating or reducing congestion in the movement of people and

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goods is expected to increase dramatically and those costs will

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have a commensurate effect on the state's economy, environment,

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and quality of life.

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     (2) The Florida Transportation Revenue Study Commission is

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created for the purpose of studying state, regional, and local

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transportation needs and developing recommendations for funding

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sources to address those needs. The commission shall submit a

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written report to the Legislature containing its findings and

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recommendations by January 1, 2010. The report presented by the

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commission shall, at a minimum, include findings and

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recommendations regarding:

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     (a) The stability of existing transportation revenue

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sources, taking into account energy-efficient vehicles, emerging

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technologies, alternative fuels, and other state and federal

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initiatives.

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     (b) The funding needs of state, regional, and local

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transportation facilities and the ability to address those needs

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in light of the state's investment policy of supporting the

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Strategic Intermodal System.

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     (c) Suggested changes in the funding of existing state and

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local government transportation programs.

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     (d) New and innovative options that can be used by the

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state and local governments to fund transportation projects.

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     (e) Suggestions for the equitable distribution of

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transportation funds.

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     (3) The commission shall consist of 13 members. Three

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members shall be appointed by the Governor, three members shall

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be appointed by the President of the Senate, and three members

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shall be appointed by the Speaker of the House of

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Representatives. One member shall be the Secretary of

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Transportation, or the secretary's designee, one member shall be

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appointed by the Metropolitan Planning Organization Advisory

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Council, one member shall be appointed by the Florida Association

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of Counties, Inc., from among its members, and one member shall

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be appointed by the Florida League of Cities, Inc., from among

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its members. The membership of the commission must represent

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transportation organizations, local governments, developers and

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homebuilders, the business community, the environmental

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community, and other appropriate stakeholders in the

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transportation system. One member shall be designated by the

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Governor as chair of the commission. Members shall be appointed

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to a term that ends upon adjournment sine die of the 2010 regular

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legislative session. Any vacancy that occurs on the commission

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shall be filled in the same manner as the original appointment.

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Members of the commission shall serve without compensation, but

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are entitled to reimbursement for per diem and travel expenses in

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accordance with s. 112.061, Florida Statutes, while in

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performance of their duties.

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     (4) The first meeting of the commission shall be held no

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later than October 1, 2008, and thereafter the commission shall

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meet at the call of the chair but not less frequently than three

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times per year. Each member of the commission is entitled to one

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vote, and actions of the commission are not binding unless taken

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by a majority vote of the members present. A majority of the

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membership constitutes a quorum at any meeting of the commission.

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The commission may adopt its own rules of procedure and has such

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other powers as are necessary to complete its responsibilities.

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     (5) The Center for Urban Transportation Research at the

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University of South Florida shall provide staff and other

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resources necessary to assist the commission in accomplishing its

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goals. All agencies under the control of the Governor are

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directed, and all other federal, state, and local agencies are

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requested, to render assistance to, and cooperate with, the

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commission.

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     Section 2.  Subsection (2), paragraph (d) of subsection (3),

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paragraph (a) of subsection (4), and subsections (5) and

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subsection (8) of section 163.3182, Florida Statutes, are amended

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to read:

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     163.3182  Transportation concurrency backlogs.--

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     (2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG

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AUTHORITIES; FINDINGS.--

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     (a)  A county or municipality may create a transportation

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concurrency backlog authority if it has an identified

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transportation concurrency backlog.

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     (b)  Acting as the transportation concurrency backlog

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authority within the authority's jurisdictional boundary, the

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governing body of a county or municipality shall adopt and

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implement a plan to eliminate all identified transportation

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concurrency backlogs within the authority's jurisdiction using

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funds provided pursuant to subsection (5) and as otherwise

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provided pursuant to this section.

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     (c) The Legislature finds that there exist in counties and

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municipalities of the state areas that have significant

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transportation deficiencies and inadequate transportation

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facilities; that many of such insufficiencies and inadequacies

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severely limit or prohibit the satisfaction of transportation

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concurrency standards; that such transportation insufficiencies

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and inadequacies affect the health, safety, and welfare of the

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residents of this state; that such transportation insufficiencies

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and inadequacies adversely affect economic development and growth

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of the tax base for the areas in which such insufficiencies and

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inadequacies exist; and that the elimination of transportation

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deficiencies and inadequacies and the satisfaction of

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transportation concurrency standards are paramount public

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purposes for the state and its counties and municipalities.

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     (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG

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AUTHORITY.--Each transportation concurrency backlog authority has

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the powers necessary or convenient to carry out the purposes of

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this section, including the following powers in addition to

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others granted in this section:

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     (d) To borrow money, including, but not limited to, issuing

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debt obligations, such a bonds, notes, certificates, and similar

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debt instruments; to apply for and accept advances, loans,

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grants, contributions, and any other forms of financial

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assistance from the Federal Government or the state, county, or

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any other public body or from any sources, public or private, for

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the purposes of this part; to give such security as may be

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required; to enter into and carry out contracts or agreements;

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and to include in any contracts for financial assistance with the

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Federal Government for or with respect to a transportation

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concurrency backlog project and related activities such

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conditions imposed pursuant to federal laws as the transportation

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concurrency backlog authority considers reasonable and

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appropriate and which are not inconsistent with the purposes of

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this section.

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     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--

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     (a)  Each transportation concurrency backlog authority shall

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adopt a transportation concurrency backlog plan as a part of the

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local government comprehensive plan within 6 months after the

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creation of the authority. The plan shall:

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     1.  Identify all transportation facilities that have been

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designated as deficient and require the expenditure of moneys to

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upgrade, modify, or mitigate the deficiency.

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     2.  Include a priority listing of all transportation

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facilities that have been designated as deficient and do not

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satisfy concurrency requirements pursuant to s. 163.3180, and the

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applicable local government comprehensive plan.

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     3.  Establish a schedule for financing and construction of

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transportation concurrency backlog projects that will eliminate

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transportation concurrency backlogs within the jurisdiction of

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the authority within 10 years after the transportation

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concurrency backlog plan adoption. The schedule shall be adopted

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as part of the local government comprehensive plan.

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Notwithstanding any other provision in this paragraph, so long as

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the schedule provides for the elimination of all transportation

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concurrency backlogs within 10 years after the adoption of the

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concurrency backlog plan, the final maturity date of any debt

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incurred to finance or refinance the related projects may be no

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later than 40 years following the date such debt is incurred, and

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the authority may continue operations and may administer the

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local transportation concurrency backlog trust fund established

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in connection therewith for so long as such debt remains

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outstanding.

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     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation

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concurrency backlog authority shall establish a local

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transportation concurrency backlog trust fund upon creation of

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the authority. Each local trust fund shall be administered by the

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transportation concurrency backlog authority within which a

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transportation concurrency backlog has been identified. Each

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local trust fund shall continue to be funded pursuant to this

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section for so long as the projects set forth in the related

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transportation concurrency backlog plan remain to be completed or

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until any debt incurred to finance or refinance the related

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projects are no longer outstanding, whichever occurs later.

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Beginning in the first fiscal year after the creation of the

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authority, each local trust fund shall be funded by the proceeds

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of an ad valorem tax increment collected within each

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transportation concurrency backlog area to be determined annually

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and shall be 50 25 percent of the difference between the amounts

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set forth in paragraphs (a) and (b); however, all of the affected

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taxing authorities may agree pursuant to the interlocal agreement

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required in paragraph (1)(a) that a local trust fund be funded by

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the proceeds of an ad valorem tax increment greater than 50

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percent of the difference between the amounts set forth in

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paragraphs (a) and (b):

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     (a)  The amount of ad valorem tax levied each year by each

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taxing authority, exclusive of any amount from any debt service

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millage, on taxable real property contained within the

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jurisdiction of the transportation concurrency backlog authority

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and within the transportation backlog area; and

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     (b)  The amount of ad valorem taxes which would have been

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produced by the rate upon which the tax is levied each year by or

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for each taxing authority, exclusive of any debt service millage,

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upon the total of the assessed value of the taxable real property

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within the transportation concurrency backlog area as shown on

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the most recent assessment roll used in connection with the

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taxation of such property of each taxing authority prior to the

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effective date of the ordinance funding the trust fund.

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     (8)  DISSOLUTION.--Upon completion of all transportation

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concurrency backlog projects and the repayment or defeasance of

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all debt that was issued to finance or refinance such projects, a

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transportation concurrency backlog authority shall be dissolved,

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and its assets and liabilities shall be transferred to the county

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or municipality within which the authority is located. All

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remaining assets of the authority must be used for implementation

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of transportation projects within the jurisdiction of the

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authority. The local government comprehensive plan shall be

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amended to remove the transportation concurrency backlog plan.

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     Section 3. The sum of $200,000 in nonrecurring general

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revenue is annually appropriated to the Center for Urban

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Transportation Research for the 2008-2009 and 2009-2010 fiscal

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years for the purpose of paying the expenses of staff services

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and providing other related assistance to the Florida

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Transportation Revenue Study Commission.

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     Section 4.  This act shall take effect upon becoming a law.