HB 1427

1	A bill to be entitled
2	An act relating to growth management; amending s.
3	163.3164, F.S.; revising and providing definitions
4	relating to the Local Government Comprehensive Planning
5	and Land Development Regulation Act; amending s. 163.3177,
6	F.S.; revising requirements for comprehensive plans
7	relating to capital improvements and future land use plan
8	elements; amending s. 163.3180, F.S.; revising
9	transportation concurrency requirements relating to
10	transportation planning and proportionate share; amending
11	s. 163.3182, F.S.; revising the definition of the term
12	"transportation concurrency backlog" to "transportation
13	deficiency"; revising other definitions and provisions to
14	conform; revising provisions relating to transportation
15	deficiency plans and projects; amending s. 380.06, F.S.;
16	exempting transit-oriented developments from review of
17	transportation impacts in the developments-of-regional-
18	impact process; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Subsection (32) of section 163.3164, Florida
23	Statutes, is amended, and subsections (35) and (36) are added to
24	that section, to read:
25	163.3164  Local Government Comprehensive Planning and Land
26	Development Regulation Act; definitions.-As used in this act:
27	(32)  "Financial feasibility" means that sufficient
28	revenues are currently available or will be available from
29	committed funding sources of any local government for the first
30	3 years, or will be available from committed or planned funding
31	sources for years 4 through 10, of a 10-year and 5, of a 5-year
32	capital improvement schedule for financing capital improvements,
33	such as ad valorem taxes, bonds, state and federal funds, tax
34	revenues, impact fees, and developer contributions, which are
35	adequate to fund the projected costs of the capital improvements
36	identified in the comprehensive plan necessary to ensure that
37	adopted level-of-service standards are achieved and maintained
38	within the period covered by the 5-year schedule of capital
39	improvements. A comprehensive plan shall be deemed financially
40	feasible for transportation and school facilities throughout the
41	planning period addressed by the capital improvements schedule
42	if it can be demonstrated that the level-of-service standards
43	will be achieved and maintained by the end of the planning
44	period even if in a particular year such improvements are not
45	concurrent as required by s. 163.3180.
46	(35)  "Transit-oriented development" means a project or
47	projects, in areas identified in a local government
48	comprehensive plan, that are served by existing or planned
49	transit service as delineated in the capital improvements
50	element. These designated areas shall be compact, moderate to
51	high-density developments, of mixed-use character,
52	interconnected, bicycle-friendly and pedestrian-friendly, and
53	designed to support frequent transit service operating through,
54	collectively or separately, rail, fixed guideway, streetcar, or
55	bus systems on dedicated facilities or available roadway
56	connections.
57	(36)  "Mobility plan" means an integrated land use and
58	transportation plan that promotes compact, mixed-use, and
59	interconnected development served by a multimodal transportation
60	system that includes roads, bicycle and pedestrian facilities,
61	and, where feasible and appropriate, frequent transit and rail
62	service, to provide individuals with viable transportation
63	options without sole reliance upon a motor vehicle for personal
64	mobility.
65	Section 2.  Paragraph (a) of subsection (3) and paragraph
66	(a) of subsection (6) of section 163.3177, Florida Statutes, are
67	amended to read:
68	163.3177  Required and optional elements of comprehensive
69	plan; studies and surveys.-
70	(3)(a)  The comprehensive plan shall contain a capital
71	improvements element designed to consider the need for and the
72	location of public facilities in order to encourage the
73	efficient use of such facilities and set forth:
74	1.  A component that outlines principles for construction,
75	extension, or increase in capacity of public facilities, as well
76	as a component that outlines principles for correcting existing
77	public facility deficiencies, which are necessary to implement
78	the comprehensive plan. The components shall cover at least a 5-
79	year period.
80	2.  Estimated public facility costs, including a
81	delineation of when facilities will be needed, the general
82	location of the facilities, and projected revenue sources to
83	fund the facilities.
84	3.  Standards to ensure the availability of public
85	facilities and the adequacy of those facilities including
86	acceptable levels of service.
87	4.  Standards for the management of debt.
88	5.  A schedule of capital improvements which includes any
89	project publicly funded by federal, state, or local government
90	projects, and which may include privately funded projects for
91	which the local government has no fiscal responsibility,
92	necessary to ensure that adopted level-of-service standards are
93	achieved and maintained. For capital improvements that will be
94	funded by the developer, financial feasibility shall be
95	demonstrated by being guaranteed in an enforceable development
96	agreement or interlocal agreement pursuant to paragraph (10)(h),
97	or other enforceable agreement. These development agreements and
98	interlocal agreements shall be reflected in the schedule of
99	capital improvements if the capital improvement is necessary to
100	serve development within the 5-year schedule. If the local
101	government uses planned revenue sources that require referenda
102	or other actions to secure the revenue source, the plan must, in
103	the event the referenda are not passed or actions do not secure
104	the planned revenue source, identify other existing revenue
105	sources that will be used to fund the capital projects or
106	otherwise amend the plan to ensure financial feasibility.
107	6.  The schedule must include transportation improvements
108	included in the applicable metropolitan planning organization's
109	transportation improvement program adopted pursuant to s.
110	339.175(8) or a mobility plan as defined in s. 163.3164(36) to
111	the extent that such improvements are relied upon to ensure
112	concurrency and financial feasibility. The schedule must also be
113	coordinated with the applicable metropolitan planning
114	organization's long-range transportation plan adopted pursuant
115	to s. 339.175(7).
116	(6)  In addition to the requirements of subsections (1)-(5)
117	and (12), the comprehensive plan shall include the following
118	elements:
119	(a)  A future land use plan element designating proposed
120	future general distribution, location, and extent of the uses of
121	land for residential uses, commercial uses, industry,
122	agriculture, recreation, conservation, education, public
123	buildings and grounds, other public facilities, and other
124	categories of the public and private uses of land. Counties are
125	encouraged to designate rural land stewardship areas, pursuant
126	to paragraph (11)(d), as overlays on the future land use map.
127	Each future land use category must be defined in terms of uses
128	included, and must include standards to be followed in the
129	control and distribution of population densities and building
130	and structure intensities. The proposed distribution, location,
131	and extent of the various categories of land use shall be shown
132	on a land use map or map series which shall be supplemented by
133	goals, policies, and measurable objectives. The future land use
134	plan shall be based upon surveys, studies, and data regarding
135	the area, and include including the amount of land required to
136	accommodate projected anticipated growth as specified by this
137	subsection; the projected resident and seasonal population of
138	the area; the character of undeveloped land; the availability of
139	water supplies, public facilities, and services; the need for
140	redevelopment, including the renewal of blighted areas and the
141	elimination of nonconforming uses which are inconsistent with
142	the character of the community; the need for job creation,
143	capital investment, and economic development that will
144	strengthen and diversify the economy; the compatibility of uses
145	on lands adjacent to or closely proximate to military
146	installations; lands adjacent to an airport as defined in s.
147	330.35 and consistent with s. 333.02; the discouragement of
148	urban sprawl; energy-efficient land use patterns accounting for
149	existing and future electric power generation and transmission
150	systems; and greenhouse gas reduction strategies; and, in rural
151	communities, the need for job creation, capital investment, and
152	economic development that will strengthen and diversify the
153	community's economy. The future land use plan may designate
154	areas for future planned development use involving combinations
155	of types of uses for which special regulations may be necessary
156	to ensure development in accord with the principles and
157	standards of the comprehensive plan and this act. The future
158	land use plan element shall include criteria to be used to
159	achieve the compatibility of lands adjacent or closely proximate
160	to military installations, considering factors identified in s.
161	163.3175(5), and lands adjacent to an airport as defined in s.
162	330.35 and consistent with s. 333.02. The determination of need
163	for land to accommodate growth shall accommodate at a minimum
164	the projected resident and seasonal population using the Bureau
165	of Economic and Business Research medium population projection
166	for a 25-year planning period plus a specified surplus to ensure
167	land availability throughout the planning period and also allow
168	for the local real estate market to provide sufficient choices
169	for buyers and sellers of all price levels. The county and each
170	municipality within the county shall adopt an allocation of
171	projected population and need pursuant to this subsection by
172	December 1, 2011. The sum of the population projections may not
173	be less than the Bureau of Economic and Business Research medium
174	population projection for the county as a whole. If a local
175	government fails to adopt an allocation and determination of
176	need by December 1, 2011, the local government shall not be
177	eligible for revenue sharing pursuant to ss. 206.60, 210.20, and
178	218.61 and chapter 212, to the extent not pledged to repay bonds
179	In addition, for rural communities, the amount of land
180	designated for future planned industrial use shall be based upon
181	surveys and studies that reflect the need for job creation,
182	capital investment, and the necessity to strengthen and
183	diversify the local economies, and may not be limited solely by
184	the projected population of the rural community. The future land
185	use plan of a county may also designate areas for possible
186	future municipal incorporation. The land use maps or map series
187	shall generally identify and depict historic district boundaries
188	and shall designate historically significant properties meriting
189	protection. For coastal counties, the future land use element
190	must include, without limitation, regulatory incentives and
191	criteria that encourage the preservation of recreational and
192	commercial working waterfronts as defined in s. 342.07. The
193	future land use element must clearly identify the land use
194	categories in which public schools are an allowable use. When
195	delineating the land use categories in which public schools are
196	an allowable use, a local government shall include in the
197	categories sufficient land proximate to residential development
198	to meet the projected needs for schools in coordination with
199	public school boards and may establish differing criteria for
200	schools of different type or size. Each local government shall
201	include lands contiguous to existing school sites, to the
202	maximum extent possible, within the land use categories in which
203	public schools are an allowable use. The failure by a local
204	government to comply with these school siting requirements will
205	result in the prohibition of the local government's ability to
206	amend the local comprehensive plan, except for plan amendments
207	described in s. 163.3187(1)(b), until the school siting
208	requirements are met. Amendments proposed by a local government
209	for purposes of identifying the land use categories in which
210	public schools are an allowable use are exempt from the
211	limitation on the frequency of plan amendments contained in s.
212	163.3187. The future land use element shall include criteria
213	that encourage the location of schools proximate to urban
214	residential areas to the extent possible and shall require that
215	the local government seek to collocate public facilities, such
216	as parks, libraries, and community centers, with schools to the
217	extent possible and to encourage the use of elementary schools
218	as focal points for neighborhoods. For schools serving
219	predominantly rural counties, defined as a county with a
220	population of 100,000 or fewer, an agricultural land use
221	category is eligible for the location of public school
222	facilities if the local comprehensive plan contains school
223	siting criteria and the location is consistent with such
224	criteria. Local governments required to update or amend their
225	comprehensive plan to include criteria and address compatibility
226	of lands adjacent or closely proximate to existing military
227	installations, or lands adjacent to an airport as defined in s.
228	330.35 and consistent with s. 333.02, in their future land use
229	plan element shall transmit the update or amendment to the state
230	land planning agency by June 30, 2012.
231	Section 3.  Paragraphs (a) and (b) of subsection (9),
232	subsection (12), and paragraphs (a) and (i) of subsection (16)
233	of section 163.3180, Florida Statutes, are amended to read:
234	163.3180  Concurrency.-
235	(9)(a)  Each local government shall may adopt as a part of
236	its plan, long-term transportation and school concurrency
237	management systems with a planning period of up to 10 years for
238	specially designated districts or areas in which transportation
239	deficiencies are projected to where significant backlogs exist
240	for 10 years. The plan shall may include interim level-of-
241	service standards on certain facilities and shall rely on the
242	local government's schedule of capital improvements for up to 10
243	years as a basis for issuing development orders that authorize
244	commencement of construction in these designated districts or
245	areas. Pursuant to subsection (12), the concurrency management
246	system must be designed to correct existing or projected
247	deficiencies and set priorities for addressing deficient
248	backlogged facilities. The concurrency management system must be
249	financially feasible and consistent with other portions of the
250	adopted local plan, including the future land use map.
251	(b)  If a local government has a transportation deficiency
252	or school facility deficiency backlog for existing development
253	which cannot be adequately addressed in a 10-year plan, the
254	state land planning agency may allow it to develop a plan and
255	long-term schedule of capital improvements covering up to 15
256	years for good and sufficient cause, based on a general
257	comparison between that local government and all other similarly
258	situated local jurisdictions, using the following factors:
259	1.  The extent of the deficiency backlog.
260	2.  For roads, whether the deficiency backlog is on local
261	or state roads.
262	3.  The cost of eliminating the deficiency backlog.
263	4.  The local government's tax and other revenue-raising
264	efforts.
265	(12)(a)  A development of regional impact may satisfy the
266	transportation concurrency requirements of the local
267	comprehensive plan, the local government's concurrency
268	management system, and s. 380.06 by payment of a proportionate-
269	share contribution for local and regionally significant traffic
270	impacts, if:
271	1.  The development of regional impact which, based on its
272	location or mix of land uses, is designed to encourage
273	pedestrian or other nonautomotive modes of transportation;
274	2.  The proportionate-share contribution for local and
275	regionally significant traffic impacts is sufficient to pay for
276	one or more required mobility improvements that will benefit a
277	regionally significant transportation facility;
278	3.  The owner and developer of the development of regional
279	impact pays or assures payment of the proportionate-share
280	contribution; and
281	4.  If the regionally significant transportation facility
282	to be constructed or improved is under the maintenance authority
283	of a governmental entity, as defined by s. 334.03(12), other
284	than the local government with jurisdiction over the development
285	of regional impact, the developer is required to enter into a
286	binding and legally enforceable commitment to transfer funds to
287	the governmental entity having maintenance authority or to
288	otherwise assure construction or improvement of the facility.
289
290	The proportionate-share contribution may be applied to any
291	transportation facility to satisfy the provisions of this
292	subsection and the local comprehensive plan, but, for the
293	purposes of this subsection, the amount of the proportionate-
294	share contribution shall be calculated based upon the cumulative
295	number of trips from the proposed development expected to reach
296	roadways during the peak hour from the complete buildout of a
297	stage or phase being approved, divided by the change in the peak
298	hour maximum service volume of roadways resulting from
299	construction of an improvement necessary to maintain the adopted
300	level of service, multiplied by the construction cost, at the
301	time of developer payment, of the improvement necessary to
302	maintain the adopted level of service. In utilizing the
303	proportionate-share formula provided in this paragraph, the
304	applicant, in its traffic analysis, shall establish the backlog
305	roads/facilities in accordance with the backlog definition
306	provided in paragraph (b). If any road is determined to be
307	backlogged, it shall be removed from the development-of-
308	regional-impact list of significantly and adversely impacted
309	road segments and from the proportionate-share calculation. The
310	identified improvement to correct the backlog deficiency is the
311	funding responsibility of the effected state or local
312	government. The proportionate-share formula provided in this
313	paragraph shall be applied to those nonbacklogged facilities
314	that are determined to be significantly and adversely impacted
315	by the project under review. If additional improvements beyond
316	the backlog condition are needed for an identified backlogged
317	facility, the necessary improvements to correct the backlog
318	condition for that facility will be considered to be in place,
319	and the development-of-regional-impact proportionate share shall
320	be calculated only for the needed improvements that are above
321	the backlogged improvements. For purposes of this subsection,
322	"construction cost" includes all associated costs of the
323	improvement. Proportionate-share mitigation shall be limited to
324	ensure that a development of regional impact meeting the
325	requirements of this subsection mitigates its impact on the
326	transportation system but is not responsible for the additional
327	cost of reducing or eliminating deficiencies backlogs. This
328	subsection also applies to Florida Quality Developments pursuant
329	to s. 380.061 and to detailed specific area plans implementing
330	optional sector plans pursuant to s. 163.3245.
331	(b)  As used in this subsection, the term "transportation
332	deficiency" "backlog" means a facility or facilities on which
333	the adopted level-of-service standard is exceeded by the
334	existing trips, plus additional projected background trips from
335	any source other than the development project under review that
336	are forecast by established traffic standards, including traffic
337	modeling, consistent with the University of Florida Bureau of
338	Economic and Business Research medium population projections.
339	Additional projected background trips are to be coincident with
340	the particular stage or phase of development under review.
341	(16)  It is the intent of the Legislature to provide a
342	method by which the impacts of development on transportation
343	facilities can be mitigated by the cooperative efforts of the
344	public and private sectors. The methodology used to calculate
345	proportionate fair-share mitigation under this section shall be
346	as provided for in subsection (12).
347	(a)  By December 1, 2011 2006, each local government shall
348	adopt by ordinance a methodology for assessing proportionate
349	fair-share mitigation options. By December 1, 2005, the
350	Department of Transportation shall develop a model
351	transportation concurrency management ordinance with
352	methodologies for assessing proportionate fair-share mitigation
353	options.
354	(i)  As used in this subsection, the term "transportation
355	deficiency" "backlog" means a facility or facilities on which
356	the adopted level-of-service standard is exceeded by the
357	existing trips, plus additional projected background trips from
358	any source other than the development project under review that
359	are forecast by established traffic standards, including traffic
360	modeling, consistent with the University of Florida Bureau of
361	Economic and Business Research medium population projections.
362	Additional projected background trips are to be coincident with
363	the particular stage or phase of development under review.
364	Transportation deficiency shall be determined in the same manner
365	as provided in subsection (12).
366	Section 4.  Section 163.3182, Florida Statutes, is amended
367	to read:
368	163.3182  Transportation deficiency concurrency backlogs.-
369	(1)  DEFINITIONS.-For purposes of this section, the term:
370	(a)  "Transportation deficiency concurrency backlog area"
371	means the geographic area within the unincorporated portion of a
372	county or within the municipal boundary of a municipality
373	designated in a local government comprehensive plan for which a
374	transportation deficiency concurrency backlog authority is
375	created pursuant to this section. A transportation deficiency
376	concurrency backlog area created within the corporate boundary
377	of a municipality shall be made pursuant to an interlocal
378	agreement between a county, a municipality or municipalities,
379	and any affected taxing authority or authorities.
380	(b)  "Authority" or "transportation deficiency concurrency
381	backlog authority" means the governing body of a county or
382	municipality within which an authority is created.
383	(c)  "Governing body" means the council, commission, or
384	other legislative body charged with governing the county or
385	municipality within which a transportation deficiency
386	concurrency backlog authority is created pursuant to this
387	section.
388	(d)  "Transportation deficiency concurrency backlog " means
389	an identified deficiency where the existing extent of traffic or
390	projected traffic volume exceeds the level of service standard
391	adopted in a local government comprehensive plan for a
392	transportation facility.
393	(e)  "Transportation deficiency concurrency backlog plan"
394	means the plan adopted as part of a local government
395	comprehensive plan by the governing body of a county or
396	municipality acting as a transportation deficiency concurrency
397	backlog authority.
398	(f)  "Transportation deficiency concurrency backlog
399	project" means any designated transportation project that will
400	mitigate a deficiency identified in a transportation deficiency
401	plan identified for construction within the jurisdiction of a
402	transportation concurrency backlog authority.
403	(g)  "Debt service millage" means any millage levied
404	pursuant to s. 12, Art. VII of the State Constitution.
405	(h)  "Increment revenue" means the amount calculated
406	pursuant to subsection (5).
407	(i)  "Taxing authority" means a public body that levies or
408	is authorized to levy an ad valorem tax on real property located
409	within a transportation deficiency concurrency backlog area,
410	except a school district.
411	(2)  CREATION OF TRANSPORTATION DEFICIENCY CONCURRENCY
412	BACKLOG AUTHORITIES.-
413	(a)  A county or municipality may create a transportation
414	deficiency concurrency backlog authority if it has an identified
415	transportation deficiency concurrency backlog.
416	(b)  Acting as the transportation deficiency concurrency
417	backlog authority within the authority's jurisdictional
418	boundary, the governing body of a county or municipality shall
419	adopt and implement a plan to eliminate all identified
420	transportation deficiencies concurrency backlogs within the
421	authority's jurisdiction using funds provided pursuant to
422	subsection (5) and as otherwise provided pursuant to this
423	section.
424	(c)  The Legislature finds and declares that there exist in
425	many counties and municipalities areas that have significant
426	transportation deficiencies and inadequate transportation
427	facilities; that many insufficiencies and inadequacies severely
428	limit or prohibit the satisfaction of adopted transportation
429	level-of-service concurrency standards; that the transportation
430	insufficiencies and inadequacies affect the health, safety, and
431	welfare of the residents of these counties and municipalities;
432	that the transportation insufficiencies and inadequacies
433	adversely affect economic development and growth of the tax base
434	for the areas in which these insufficiencies and inadequacies
435	exist; and that the elimination of transportation deficiencies
436	and inadequacies and the satisfaction of transportation level-
437	of-service concurrency standards are paramount public purposes
438	for the state and its counties and municipalities.
439	(3)  POWERS OF A TRANSPORTATION DEFICIENCY CONCURRENCY
440	BACKLOG AUTHORITY.-Each transportation deficiency concurrency
441	backlog authority has the powers necessary or convenient to
442	carry out the purposes of this section, including the following
443	powers in addition to others granted in this section:
444	(a)  To make and execute contracts and other instruments
445	necessary or convenient to the exercise of its powers under this
446	section.
447	(b)  To undertake and carry out transportation deficiency
448	concurrency backlog projects for transportation facilities that
449	have transportation deficiencies a concurrency backlog within
450	the authority's jurisdiction. Concurrency backlog Projects may
451	include transportation facilities that provide for alternative
452	modes of travel including sidewalks, bikeways, and mass transit
453	which are related to a deficient backlogged transportation
454	facility.
455	(c)  To invest any transportation deficiency concurrency
456	backlog funds held in reserve, sinking funds, or any such funds
457	not required for immediate disbursement in property or
458	securities in which savings banks may legally invest funds
459	subject to the control of the authority and to redeem such bonds
460	as have been issued pursuant to this section at the redemption
461	price established therein, or to purchase such bonds at less
462	than redemption price. All such bonds redeemed or purchased
463	shall be canceled.
464	(d)  To borrow money, including, but not limited to,
465	issuing debt obligations such as, but not limited to, bonds,
466	notes, certificates, and similar debt instruments; to apply for
467	and accept advances, loans, grants, contributions, and any other
468	forms of financial assistance from the Federal Government or the
469	state, county, or any other public body or from any sources,
470	public or private, for the purposes of this part; to give such
471	security as may be required; to enter into and carry out
472	contracts or agreements; and to include in any contracts for
473	financial assistance with the Federal Government for or with
474	respect to a transportation deficiency concurrency backlog
475	project and related activities such conditions imposed under
476	federal laws as the transportation deficiency concurrency
477	backlog authority considers reasonable and appropriate and which
478	are not inconsistent with the purposes of this section.
479	(e)  To make or have made all surveys and plans necessary
480	to the carrying out of the purposes of this section; to contract
481	with any persons, public or private, in making and carrying out
482	such plans; and to adopt, approve, modify, or amend such
483	transportation deficiency concurrency backlog plans.
484	(f)  To appropriate such funds and make such expenditures
485	as are necessary to carry out the purposes of this section, and
486	to enter into agreements with other public bodies, which
487	agreements may extend over any period notwithstanding any
488	provision or rule of law to the contrary.
489	(4)  TRANSPORTATION DEFICIENCY CONCURRENCY BACKLOG PLANS.-
490	(a)  Each transportation deficiency concurrency backlog
491	authority shall adopt a transportation deficiency concurrency
492	backlog plan as a part of the local government comprehensive
493	plan within 6 months after the creation of the authority. The
494	plan must:
495	1.  Identify all transportation facilities that have been
496	designated as deficient and require the expenditure of moneys to
497	upgrade, modify, or mitigate the deficiency.
498	2.  Include a priority listing of all transportation
499	facilities that have been designated as deficient and do not
500	satisfy deficiency concurrency requirements pursuant to s.
501	163.3180, and the applicable local government comprehensive
502	plan.
503	3.  Establish a schedule for financing and construction of
504	transportation deficiency concurrency backlog projects that will
505	eliminate transportation deficiencies concurrency backlogs
506	within the jurisdiction of the authority within 10 years after
507	the transportation deficiency concurrency backlog plan adoption.
508	If the utilization of mass transit is selected as all or part of
509	the system solution, the improvements and service may extend
510	outside the area of the transportation deficiency areas to the
511	planned terminus of the improvement as long as the improvement
512	provides capacity enhancements to a larger intermodal system.
513	The schedule shall be adopted as part of the local government
514	comprehensive plan.
515	(b)  The adoption of the transportation deficiency
516	concurrency backlog plan shall be exempt from the provisions of
517	s. 163.3187(1).
518
519	Notwithstanding such schedule requirements, as long as the
520	schedule provides for the elimination of all transportation
521	deficiencies concurrency backlogs within 10 years after the
522	adoption of the deficiency concurrency backlog plan, the final
523	maturity date of any debt incurred to finance or refinance the
524	related projects may be no later than 40 years after the date
525	the debt is incurred and the authority may continue operations
526	and administer the trust fund established as provided in
527	subsection (5) for as long as the debt remains outstanding.
528	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.-The transportation
529	deficiency concurrency backlog authority shall establish a local
530	transportation deficiency concurrency backlog trust fund upon
531	creation of the authority. Each local trust fund shall be
532	administered by the transportation deficiency concurrency
533	backlog authority within which a transportation deficiencies
534	have concurrency backlog has been identified. Each local trust
535	fund must continue to be funded under this section for as long
536	as the projects set forth in the related transportation
537	deficiency concurrency backlog plan remain to be completed or
538	until any debt incurred to finance or refinance the related
539	projects is no longer outstanding, whichever occurs later.
540	Beginning in the first fiscal year after the creation of the
541	authority, each local trust fund shall be funded by the proceeds
542	of an ad valorem tax increment collected within each
543	transportation deficiency concurrency backlog area to be
544	determined annually and shall be a minimum of 25 percent of the
545	difference between the amounts set forth in paragraphs (a) and
546	(b), except that if all of the affected taxing authorities agree
547	under an interlocal agreement, a particular local trust fund may
548	be funded by the proceeds of an ad valorem tax increment greater
549	than 25 percent of the difference between the amounts set forth
550	in paragraphs (a) and (b):
551	(a)  The amount of ad valorem tax levied each year by each
552	taxing authority, exclusive of any amount from any debt service
553	millage, on taxable real property contained within the
554	jurisdiction of the transportation deficiency concurrency
555	backlog authority and within the transportation deficiency
556	backlog area; and
557	(b)  The amount of ad valorem taxes which would have been
558	produced by the rate upon which the tax is levied each year by
559	or for each taxing authority, exclusive of any debt service
560	millage, upon the total of the assessed value of the taxable
561	real property within the transportation deficiency concurrency
562	backlog area as shown on the most recent assessment roll used in
563	connection with the taxation of such property of each taxing
564	authority prior to the effective date of the ordinance funding
565	the trust fund.
566	(6)  EXEMPTIONS.-
567	(a)  The following public bodies or taxing authorities are
568	exempt from the provisions of this section:
569	1.  A special district that levies ad valorem taxes on
570	taxable real property in more than one county.
571	2.  A special district for which the sole available source
572	of revenue is the authority to levy ad valorem taxes at the time
573	an ordinance is adopted under this section. However, revenues or
574	aid that may be dispensed or appropriated to a district as
575	defined in s. 388.011 at the discretion of an entity other than
576	such district shall not be deemed available.
577	3.  A library district.
578	4.  A neighborhood improvement district created under the
579	Safe Neighborhoods Act.
580	5.  A metropolitan transportation authority.
581	6.  A water management district created under s. 373.069.
582	7.  A community redevelopment agency.
583	(b)  A transportation deficiency concurrency exemption
584	authority may also exempt from this section a special district
585	that levies ad valorem taxes within the transportation
586	deficiency concurrency backlog area pursuant to s.
587	163.387(2)(d).
588	(7)  TRANSPORTATION DEFICIENCY CONCURRENCY SATISFACTION.-
589	Upon adoption of a transportation deficiency concurrency backlog
590	plan as a part of the local government comprehensive plan, and
591	the plan going into effect, the area subject to the plan shall
592	be deemed to have achieved and maintained transportation level-
593	of-service standards, and to have met requirements for financial
594	feasibility for transportation facilities, and for the purpose
595	of proposed development transportation concurrency has been
596	satisfied. Proportionate fair-share mitigation shall be limited
597	to ensure that a development inside a transportation deficiency
598	concurrency backlog area is not responsible for the additional
599	costs of eliminating deficiencies backlogs.
600	(8)  DISSOLUTION.-Upon completion of all transportation
601	deficiency concurrency backlog projects and repayment or
602	defeasance of all debt issued to finance or refinance such
603	projects, a transportation deficiency concurrency backlog
604	authority shall be dissolved, and its assets and liabilities
605	transferred to the county or municipality within which the
606	authority is located. All remaining assets of the authority must
607	be used for implementation of transportation projects within the
608	jurisdiction of the authority. The local government
609	comprehensive plan shall be amended to remove the transportation
610	deficiency concurrency backlog plan.
611	Section 5.  Paragraph (u) is added to subsection (24) of
612	section 380.06, Florida Statutes, to read:
613	380.06  Developments of regional impact.-
614	(24)  STATUTORY EXEMPTIONS.-
615	(u)  Any transit-oriented development as defined in s.
616	163.3164 incorporated into the county or municipality
617	comprehensive plan that has adopted land use and transportation
618	strategies to support and fund the local government concurrency
619	or mobility plan identified in the comprehensive plan, including
620	alternative modes of transportation, is exempt from review for
621	transportation impacts conducted pursuant to this section. This
622	paragraph does not apply to areas:
623	1.  Within the boundary of any area of critical state
624	concern designated pursuant to s. 380.05;
625	2.  Within the boundary of the Wekiva Study Area as
626	described in s. 369.316; or
627	3.  Within 2 miles of the boundary of the Everglades
628	Protection Area as defined in s. 373.4592(2).
629
630	If a use is exempt from review as a development of regional
631	impact under paragraphs (a)-(s), but will be part of a larger
632	project that is subject to review as a development of regional
633	impact, the impact of the exempt use must be included in the
634	review of the larger project, unless such exempt use involves a
635	development of regional impact that includes a landowner,
636	tenant, or user that has entered into a funding agreement with
637	the Office of Tourism, Trade, and Economic Development under the
638	Innovation Incentive Program and the agreement contemplates a
639	state award of at least $50 million.
640	Section 6.  This act shall take effect upon becoming a law.

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