Bill Text: FL S1372 | 2016 | Regular Session | Introduced
Bill Title: Transportation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-03-11 - Died in Transportation [S1372 Detail]
Download: Florida-2016-S1372-Introduced.html
Florida Senate - 2016 SB 1372 By Senator Flores 37-01411-16 20161372__ 1 A bill to be entitled 2 An act relating to transportation; amending s. 201.15, 3 F.S.; requiring a specified percent of an allocation 4 to the Florida Rail Enterprise to be directed to an 5 expressway authority for a commuter rail 6 infrastructure project under certain circumstances; 7 amending s. 320.20, F.S.; requiring the remainder of 8 revenues derived from the registration of motor 9 vehicles to be returned to each county in an amount 10 proportional to revenues collected from each county 11 and deposited into each county’s transportation trust 12 fund; amending s. 338.166, F.S.; providing that a 13 specified percent of certain toll revenue from the 14 high-occupancy toll lanes or express lanes may be 15 provided to an authority established pursuant to the 16 Florida Expressway Authority Act to support express 17 bus service provided through private sector 18 concessions on any expressway facility within the 19 county or counties in which the toll revenues are 20 collected; amending s. 348.0002, F.S.; defining terms; 21 amending s. 348.0003, F.S.; deleting a requirement 22 that certain nonvoting members of the governing board 23 of an expressway authority be replaced by members 24 appointed by the Governor under certain circumstances; 25 providing a nominating council process for screening 26 candidates for the governing body of the expressway 27 authority; providing notification and publishing 28 requirements for authorities related to certain board 29 vacancies; providing for membership of certain 30 nominating councils; revising qualifications for 31 membership on the governing body of certain expressway 32 authorities; providing for immediate termination from 33 an authority’s governing body upon a finding of a 34 violation of specified ethical conduct provisions or 35 failure to comply with a notice of failure to comply 36 with financial disclosure requirements; amending s. 37 348.0004, F.S.; requiring certain authorities to seek 38 a statement of support from the county or the local 39 municipality before continuing with a project that 40 requires associated new tolling points or toll rate 41 adjustments; providing that certain expressway 42 authorities may establish a Transportation 43 Reinvestment Zone (TRZ) through an interlocal 44 agreement with the county or a municipality; requiring 45 the authority to reinvest any additional revenue 46 generated by anticipated increases in property taxes 47 in construction, maintenance, or operation of 48 transportation infrastructure; requiring the authority 49 to establish a separate TRZ account in which the tax 50 increment revenues for the municipality or county will 51 be deposited; specifying requirements for interlocal 52 agreements; requiring the TRZ account to be funded by 53 the proceeds from the tax increment revenue collected 54 within each TRZ area; requiring such tax increment 55 revenue to be determined annually; providing a 56 mechanism for determining the tax increment; providing 57 exemptions; providing that a taxing authority is not 58 prohibited from contributing tax increments under 59 certain circumstances; requiring the county to 60 establish urban center districts within the TRZ; 61 requiring the designation of highest density mixed use 62 to be established along transit station nodes for 63 certain purposes; requiring the county to provide 64 certain financial incentives to property owners within 65 the TRZ to promote urban infill and redevelopment; 66 encouraging the county to amend its comprehensive land 67 use plan under an expedited specified process to 68 delineate certain boundaries; requiring the state land 69 planning agency to review such boundary delineation; 70 providing that an urban infill and redevelopment plan 71 adopted by a local government within a TRZ is not 72 subject to review under certain circumstances; 73 providing that the local government is not required to 74 adopt such plan as a comprehensive plan amendment; 75 amending s. 348.0005, F.S.; expanding the required 76 bonding authorizations of certain authorities; 77 amending s. 348.0008, F.S.; authorizing an expressway 78 authority to acquire rights, title, or interest in 79 property by gift, devise, purchase, or condemnation by 80 eminent domain proceedings for certain local commuter 81 transit or rail transportation facilities or in a 82 local commuter transit or rail transportation corridor 83 designated by the authority; providing an effective 84 date. 85 86 Be It Enacted by the Legislature of the State of Florida: 87 88 Section 1. Paragraph (a) of subsection (4) of section 89 201.15, Florida Statutes, is amended to read: 90 201.15 Distribution of taxes collected.—All taxes collected 91 under this chapter are hereby pledged and shall be first made 92 available to make payments when due on bonds issued pursuant to 93 s. 215.618 or s. 215.619, or any other bonds authorized to be 94 issued on a parity basis with such bonds. Such pledge and 95 availability for the payment of these bonds shall have priority 96 over any requirement for the payment of service charges or costs 97 of collection and enforcement under this section. All taxes 98 collected under this chapter, except taxes distributed to the 99 Land Acquisition Trust Fund pursuant to subsections (1) and (2), 100 are subject to the service charge imposed in s. 215.20(1). 101 Before distribution pursuant to this section, the Department of 102 Revenue shall deduct amounts necessary to pay the costs of the 103 collection and enforcement of the tax levied by this chapter. 104 The costs and service charge may not be levied against any 105 portion of taxes pledged to debt service on bonds to the extent 106 that the costs and service charge are required to pay any 107 amounts relating to the bonds. All of the costs of the 108 collection and enforcement of the tax levied by this chapter and 109 the service charge shall be available and transferred to the 110 extent necessary to pay debt service and any other amounts 111 payable with respect to bonds authorized before January 1, 2015, 112 secured by revenues distributed pursuant to this section. All 113 taxes remaining after deduction of costs shall be distributed as 114 follows: 115 (4) After the required distributions to the Land 116 Acquisition Trust Fund pursuant to subsections (1) and (2) and 117 deduction of the service charge imposed pursuant to s. 118 215.20(1), the remainder shall be distributed as follows: 119 (a) The lesser of 24.18442 percent of the remainder or 120 $541.75 million in each fiscal year shall be paid into the State 121 Treasury to the credit of the State Transportation Trust Fund. 122 Of such funds, $75 million for each fiscal year shall be 123 transferred to the State Economic Enhancement and Development 124 Trust Fund within the Department of Economic Opportunity. 125 Notwithstanding any other law, the remaining amount credited to 126 the State Transportation Trust Fund shall be used for: 127 1. Capital funding for the New Starts Transit Program, 128 authorized by Title 49, U.S.C. s. 5309 and specified in s. 129 341.051, in the amount of 10 percent of the funds; 130 2. The Small County Outreach Program specified in s. 131 339.2818, in the amount of 10 percent of the funds; 132 3. The Strategic Intermodal System specified in ss. 339.61, 133 339.62, 339.63, and 339.64, in the amount of 75 percent of the 134 funds after deduction of the payments required pursuant to 135 subparagraphs 1. and 2.; and 136 4. The Transportation Regional Incentive Program specified 137 in s. 339.2819, in the amount of 25 percent of the funds after 138 deduction of the payments required pursuant to subparagraphs 1. 139 and 2. The first $60 million of the funds allocated pursuant to 140 this subparagraph shall be allocated annually to the Florida 141 Rail Enterprise for the purposes established in s. 341.303(5), 142 and 50 percent of this allocation shall be distributed to an 143 authority as defined in s. 348.0002 for a commuter rail 144 infrastructure project in a county as defined in s. 125.011. 145 146 Moneys distributed pursuant to paragraphs (a) and (b) may not be 147 pledged for debt service unless such pledge is approved by 148 referendum of the voters. 149 Section 2. Paragraph (a) of subsection (5) of section 150 320.20, Florida Statutes, is amended to read: 151 320.20 Disposition of license tax moneys.—The revenue 152 derived from the registration of motor vehicles, including any 153 delinquent fees and excluding those revenues collected and 154 distributed under the provisions of s. 320.081, must be 155 distributed monthly, as collected, as follows: 156 (5)(a) Except as provided in paragraph (c), the remainder 157 of such revenues must be returned to each county in an amount 158 proportional to revenues collected from each county and 159 deposited into each county’s transportation trust funddeposited160in the State Transportation Trust Fund. 161 Section 3. Subsection (3) of section 338.166, Florida 162 Statutes, is amended to read: 163 338.166 High-occupancy toll lanes or express lanes.— 164 (3) Any remaining toll revenue from the high-occupancy toll 165 lanes or express lanes shall be used by the department for the 166 construction, maintenance, or improvement of any road on the 167 State Highway System within the county or counties in which the 168 toll revenues were collected, except that 15 percent of the 169 remaining toll revenue may be provided to an authority 170 established pursuant to the Florida Expressway Authority Actor171 to support express bus service provided through private sector 172 concessions on any expressway facility within the county or 173 counties in which the toll revenues are collectedthe facility174where the toll revenues were collected. 175 Section 4. Subsections (13) and (14) are added to section 176 348.0002, Florida Statutes, to read: 177 348.0002 Definitions.—As used in the Florida Expressway 178 Authority Act, the term: 179 (13) “Tax increment revenue” means the amount calculated 180 pursuant to s. 348.0004(7)(b)3. 181 (14) “Transportation Reinvestment Zone” or “TRZ” means a 182 locally designated district associated with an expressway or a 183 rail corridor. 184 Section 5. Paragraph (d) of subsection (2) and paragraph 185 (a) of subsection (5) of section 348.0003, Florida Statutes, are 186 amended, and paragraph (l) is added to subsection (5) of that 187 section, to read: 188 348.0003 Expressway authority; formation; membership.— 189 (2) The governing body of an authority shall consist of not 190 fewer than five nor more than nine voting members. The district 191 secretary of the affected department district shall serve as a 192 nonvoting member of the governing body of each authority located 193 within the district. Each member of the governing body must at 194 all times during his or her term of office be a permanent 195 resident of the county which he or she is appointed to 196 represent. 197 (d)1. Notwithstanding any provision to the contrary in this 198 subsection, in any county as defined in s. 125.011(1), the 199 governing body of an authority shall consist of up to 13 200 members, and the following provisions of this paragraph shall 201 apply specifically to such authority. Except for the district 202 secretary of the department, the members must be residents of 203 the county. Seven voting members shall be appointed by the 204 governing body of the county. At the discretion of the governing 205 body of the county, up to two of the members appointed by the 206 governing body of the county may be elected officials residing 207 in the county. Five voting members of the authority shall be 208 appointed by the Governor. One member shall be the district 209 secretary of the department serving in the district that 210 contains such county. This member shall be an ex officio voting 211 member of the authority.If the governing board of an authority212includes any member originally appointed by the governing body213of the county as a nonvoting member, when the term of such214member expires, that member shall be replaced by a member215appointed by the Governor until the governing body of the216authority is composed of seven members appointed by the217governing body of the county and five members appointed by the218Governor.219 2. A candidate for service on the governing board of the 220 authority must be screened through a nominating council process. 221 The authority must notify the chair of the county legislative 222 delegation of any future state-appointed board vacancy 90 days 223 before the expiration of the state-appointed board member’s term 224 or must notify the mayor of the county of any future county 225 appointed board vacancy 90 days before the expiration of the 226 county-appointed board member’s term. The authority must also 227 publish any future state or county board vacancy 90 days before 228 the expiration of the board member’s term on the home page of 229 its website and advertise the vacancy in at least one quarter 230 page size advertisement in the newspaper of largest circulation 231 in the county for three consecutive Sundays. 232 3. The nominating council for state-appointed board members 233 shall consist of the following three voting members: 234 a. The chair of the county legislative delegation; 235 b. A state senator representing the county legislative 236 delegation; and 237 c. A state representative representing the county 238 legislative delegation. 239 240 The executive director of the authority shall serve as a 241 nonvoting member of the nominating council for state-appointed 242 board members. The nominating council shall examine the 243 qualifications, screen and interview the top candidates, and 244 recommend at least three and no more than five candidates for 245 each vacancy to the Governor for appointment. 246 4. The nominating council for county-appointed board 247 members shall consist of the following three voting members: 248 a. The mayor of the county or the mayor’s designee; 249 b. The chair of the county commission; and 250 c. The county commissioner who chairs the committee with 251 authority over transportation policy issues. 252 253 The executive director of the authority shall serve as a 254 nonvoting member of the nominating council for county-appointed 255 board members. The nominating council shall examine the 256 qualifications, screen and interview the top candidates, and 257 recommend at least three and no more than five candidates for 258 each vacancy to the full board of county commissioners for 259 appointment. 260 5. Except as provided in subsection (5), the 261 qualifications, terms of office, and obligations and rights of 262 members of the authority shall be determined by resolution or 263 ordinance of the governing body of the county in a manner that 264 is consistent with subsections (3) and (4). 265 (5) In a county as defined in s. 125.011(1): 266 (a)1. A lobbyist, as defined in s. 112.3215, may not be 267 appointed or serve as a member of the governing body of an 268 authority. 269 2. A person may not be appointed or serve as a member of 270 the governing body of an authority if that person currently 271 represents or has in the previous 4 years represented, for 272 compensation, any client before the authority. 273 3. A person may not be appointed or serve as a member of 274 the governing body of an authority if that person currently 275 represents or has in the previous 4 years represented any person 276 or entity that is doing business, or in the previous 4 years has 277 done business, with the authority. 278 (l) A finding of a violation of this subsection or chapter 279 112, or failure to comply within 90 days after receiving a 280 notice of failure to comply with financial disclosure 281 requirements, results in the immediate termination from the 282 governing body of the authority. 283 Section 6. Subsections (6) and (7) of section 348.0004, 284 Florida Statutes, are amended to read: 285 348.0004 Purposes and powers.— 286 (6) Notwithstanding subsection (3) or any other provision 287 of law to the contrary, in any county as defined in s. 288 125.011(1):,289 (a) AnNoexpressway authority may notshallundertake any 290 construction that is not consistent with both the metropolitan 291 planning organization’s transportation improvement program and 292 the county’s comprehensive plan. 293 (b) The authority must seek a statement of support from the 294 county or municipality where the project is located before 295 continuing with a project that requires associated new tolling 296 points or toll rate adjustments on the existing system. If this 297 statement of support for new tolling points or toll rate 298 adjustments is not provided, further efforts may not be made to 299 continue the project to construction. 300 (7) In any county as defined in s. 125.011(1):,301 (a) An expressway authority may finance or refinance the 302 planning, design, acquisition, construction, extension, 303 rehabilitation, equipping, preservation, maintenance, or 304 improvement of a public transportation facility or 305 transportation facilities owned or operated by such county, an 306 intermodal facility or facilities, multimodal corridor or 307 corridors, including, but not limited to, bicycle facilities or 308 greenways that will improve transportation services within the 309 county, or any programs or projects that will improve the levels 310 of service on an expressway system, subject to approval of the 311 governing body of such county after public hearing. 312 (b) An expressway authority may establish, through an 313 interlocal agreement with a municipality or county, a 314 Transportation Reinvestment Zone (TRZ). The authority must 315 reinvest any additional revenue generated by anticipated 316 increases in property taxes, due to the expressway’s or rail 317 project’s positive effect on economic development and higher 318 density zoning resulting in increased property values along the 319 corridor in the TRZ, in construction, maintenance, or operation 320 of transportation infrastructure. The authority shall establish 321 a separate TRZ account in which the tax increment revenues for 322 the municipality or county will be deposited. 323 1. The interlocal agreement, at a minimum, must: 324 a. Identify the geographic boundaries of the TRZ area; 325 b. Establish a base year for the municipal or countywide 326 property taxes levied and collected on the property within the 327 TRZ; 328 c. Determine the base value of the property and the 329 municipal or countywide property taxes levied and collected on 330 the property within the TRZ; 331 d. Identify the new mass transit infrastructure project or 332 projects whose construction, maintenance, or operation is to be 333 funded through the TRZ account; and 334 e. Provide for an independent annual audit of the separate 335 TRZ. 336 2. Beginning in the first fiscal year after the creation of 337 a TRZ, the TRZ account of each TRZ shall be funded by the 338 proceeds from the tax increment revenue collected within that 339 TRZ. 340 3. Such tax increment revenue shall be determined annually 341 and shall be the amount equal to 95 percent of the difference 342 between: 343 a. The amount of ad valorem taxes levied each year by each 344 taxing authority, exclusive of any amount from any debt service 345 millage, on taxable real property contained within the 346 geographic boundaries of the TRZ; and 347 b. The amount of ad valorem taxes which would have been 348 produced by the rate upon which the tax is levied each year by 349 or for each taxing authority, exclusive of any debt service 350 millage, upon the total of the assessed value of the taxable 351 real property in the TRZ as shown in the most recent assessment 352 roll used in connection with the taxation of such property by 353 each taxing authority before the effective date of the 354 interlocal agreement providing for the funding of the TRZ 355 account. 356 4. The public bodies and taxing authorities listed in s. 357 163.387(2)(c), school districts, and special districts that levy 358 ad valorem taxes within a tax increment revenue area are exempt 359 from this subsection. 360 5. This subsection does not prohibit any taxing authority 361 from voluntarily contributing a tax increment or from 362 contributing a tax increment at a higher rate for a period as 363 specified by the interlocal agreement between the taxing 364 authority and the TRZ. 365 6. Pursuant to s. 163.2511, the county shall establish 366 urban center districts within the TRZ. The designation of 367 highest density mixed use shall be established along transit 368 station nodes to encourage development and redevelopment of 369 housing and employment density nodes along the transit corridor. 370 The county shall provide financial incentives to property owners 371 within the TRZ to promote urban infill and redevelopment. These 372 incentives may include expedited permitting, prioritization of 373 infrastructure spending within the TRZ, waiver of license and 374 permit fees, waiver of delinquent local taxes or fees to promote 375 the return of property to productive use, and local government 376 absorption of developers’ concurrency costs. The county is 377 encouraged to amend its comprehensive land use plan under an 378 expedited process pursuant to s. 163.3187 to delineate the 379 boundaries of urban center infill nodes and redevelopment areas 380 within the future land use element of its comprehensive plan 381 pursuant to its adopted urban infill and redevelopment plan. The 382 state land planning agency shall review the boundary delineation 383 of the urban infill and redevelopment area in the future land 384 use element under s. 163.3184. However, an urban infill and 385 redevelopment plan adopted by a local government within a TRZ is 386 not subject to review for being in compliance as defined in s. 387 163.3184(1)(b), and the local government is not required to 388 adopt the plan as a comprehensive plan amendment. 389 Section 7. Paragraph (b) of subsection (2) of section 390 348.0005, Florida Statutes, is amended to read: 391 348.0005 Bonds.— 392 (2) 393 (b) The bonds of an authority in any county as defined in 394 s. 125.011(1), issued pursuant to the provisions of this part, 395 whether on original issuance or refunding, must be authorized by 396 resolution of the authority, after approval of the issuance of 397 the bonds at a public hearing, and may be either term or serial 398 bonds, shall bear such date or dates, mature at such time or 399 times, bear interest at such rate or rates, be payable 400 semiannually, be in such denominations, be in such form, either 401 coupon or fully registered, shall carry such registration, 402 exchangeability and interchangeability privileges, be payable in 403 such medium of payment and at such place or places, be subject 404 to such terms of redemption, and be entitled to such priorities 405 on the revenues, rates, fees, rentals, or other charges or 406 receipts of the authority, including any county gasoline tax 407 funds received by an authority pursuant to the terms of any 408 interlocal or lease-purchase agreement between an authority or a 409 county, any tax increment revenues received by an authority from 410 a countywide or municipal TRZ, and any discretionary sales 411 surtax proceeds approved by the voters as authorized in s. 412 212.055(1)(d)2., as such resolution or any resolution subsequent 413 thereto may provide. The bonds must be executed by such officers 414 as the authority determines under the requirements of s. 279.06. 415 Section 8. Subsection (1) of section 348.0008, Florida 416 Statutes, is amended to read: 417 348.0008 Acquisition of lands and property.— 418 (1) For the purposes of the Florida Expressway Authority 419 Act, an expressway authority may acquire such rights, title, or 420 interest in private or public property and such property rights, 421 including easements, rights of access, air, view, and light, by 422 gift, devise, purchase, or condemnation by eminent domain 423 proceedings, as the authority may deem necessary for any of the 424 purposes of the Florida Expressway Authority Act, including, but 425 not limited to, any lands reasonably necessary for securing 426 applicable permits, areas necessary for management of access, 427 borrow pits, drainage ditches, water retention areas, rest 428 areas, replacement access for landowners whose access is 429 impaired due to the construction of an expressway system, and 430 replacement rights-of-way for relocated rail and utility 431 facilities; for existing, proposed, or anticipated 432 transportation facilities on the expressway system or in a 433 transportation corridor designated by the authority; for 434 existing, proposed, or anticipated local commuter transit or 435 rail transportation facilities or in a local commuter transit or 436 rail transportation corridor designated by the authority; or for 437 the purposes of screening, relocation, removal, or disposal of 438 junkyards and scrap metal processing facilities. The authority 439 may also condemn any material and property necessary for such 440 purposes. 441 Section 9. This act shall take effect July 1, 2016.