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The Committee on Transportation and Economic Development

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Appropriations (Fasano) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete lines 473-586

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and insert:

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     Section 5.  Paragraph (c) is added to subsection (2) of

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section 163.3182, Florida Statutes, and paragraph (d) of

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subsection (3), paragraph (a) of subsection (4), and subsections

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(5) and (8) of that section are amended, 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.--

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     (c) The Legislature finds and declares that there exists in

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many counties and municipalities areas with significant

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transportation deficiencies and inadequate transportation

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facilities; that many 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 such counties and municipalities; that such

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transportation insufficiencies and inadequacies adversely affect

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economic development and growth of the tax base for the areas in

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which such insufficiencies and inadequacies exist; and that the

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elimination of transportation deficiencies and inadequacies and

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the satisfaction of transportation concurrency standards are

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paramount public purposes for the state and its counties and

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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 as, but not limited to, bonds, notes,

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certificates, and similar debt instruments; to apply for and

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accept advances, loans, grants, contributions, and any other

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forms of financial assistance from the Federal Government or the

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state, county, or any other public body or from any sources,

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public or private, for the purposes of this part; to give such

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security as may be required; to enter into and carry out

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contracts or agreements; and to include in any contracts for

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financial assistance with the Federal Government for or with

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respect to a transportation concurrency backlog project and

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related activities such conditions imposed pursuant to federal

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laws as the transportation concurrency backlog authority

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considers reasonable and appropriate and which are not

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inconsistent with the purposes of 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 such schedule requirements, as long as the

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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 after the date such debt is incurred and the

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authority may continue operations and administer the trust fund

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established as provided in subsection (5) for as long as such

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debt remains 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 as 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 a minimum of 25 percent of the difference between

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the amounts set forth in paragraphs (a) and (b), except that if

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all of the affected taxing authorities agree pursuant to an

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interlocal agreement, a particular local trust fund may be funded

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by the proceeds of an ad valorem tax increment greater than 25

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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 repayment or defeasance of all

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debt 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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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 12-25

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and insert:

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of the plan; amending s. 163.3182, F.S., relating to

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transportation concurrency backlog authorities;

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providing legislative findings and declarations;

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expanding the power of authorities to borrow money to

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include issuing certain debt obligations; providing a

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maximum maturity date for certain debt incurred to

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finance or refinance certain transportation concurrency

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backlog projects; authorizing authorities to continue

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operations and administer certain trust funds for the

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period of the remaining outstanding debt; requiring

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local transportation concurrency backlog trust funds to

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continue to be funded for certain purposes; providing

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for increased ad valorem tax increment funding for such

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trust funds under certain circumstances; revising

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provisions for dissolution of an authority; amending s.

4/24/2008  2:28:00 PM     11-08642-08