Bill Text: FL S1512 | 2011 | Regular Session | Comm Sub
Bill Title: Growth Management
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1512 Detail]
Download: Florida-2011-S1512-Comm_Sub.html
Florida Senate - 2011 CS for CS for SB 1512 By the Committees on Transportation; and Community Affairs; and Senator Bennett 596-04374-11 20111512c2 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 5 Planning and Land Development Regulation Act; amending 6 s. 163.3177, F.S.; revising requirements for 7 comprehensive plans relating to capital improvements 8 and future land use plan elements; amending s. 9 163.3180, F.S.; revising transportation concurrency 10 requirements relating to transportation planning and 11 proportionate share; amending s. 163.3182, F.S.; 12 revising the definition of the term “transportation 13 concurrency backlog” to “transportation deficiency”; 14 revising other definitions and provisions to conform; 15 revising provisions relating to transportation 16 deficiency plans and projects; amending s. 163.3191, 17 F.S.; revising and simplifying provisions relating to 18 a local government’s review of its comprehensive plan; 19 amending s. 380.06, F.S.; exempting transit-oriented 20 developments from review of transportation impacts in 21 the developments-of-regional-impact process; providing 22 a finding of important state interest; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsection (32) of section 163.3164, Florida 28 Statutes, is amended, and subsections (35) and (36) are added to 29 that section, to read: 30 163.3164 Local Government Comprehensive Planning and Land 31 Development Regulation Act; definitions.—As used in this act: 32 (32) “Financial feasibility” means that sufficient revenues 33 are currently available or will be available from committed 34 funding sources of any local government for the first 3 years, 35 or will be available from committed or planned funding sources 36 for years 4 through 10, of a 10-yearand 5, of a 5-yearcapital 37 improvement schedule for financing capital improvements, such as 38 ad valorem taxes, bonds, state and federal funds, tax revenues, 39 impact fees, and developer contributions, which are adequate to 40 fund the projected costs of the capital improvements identified 41 in the comprehensive plan necessary to ensure that adopted 42 level-of-service standards are achieved and maintained within 43 the period covered by the 5-year schedule of capital 44 improvements. A comprehensive plan shall be deemed financially 45 feasible for transportation and school facilities throughout the 46 planning period addressed by the capital improvements schedule 47 if it can be demonstrated that the level-of-service standards 48 will be achieved and maintained by the end of the planning 49 period even if in a particular year such improvements are not 50 concurrent as required by s. 163.3180. 51 (35) “Transit-oriented development” means a project or 52 projects, in areas identified in a local government 53 comprehensive plan, which are served by existing or planned 54 transit service as delineated in the capital improvements 55 element. These designated areas shall be compact, moderate to 56 high-density developments, of mixed-use character, 57 interconnected, bicycle-friendly and pedestrian-friendly, and 58 designed to support frequent transit service operating through, 59 collectively or separately, rail, fixed guideway, streetcar, or 60 bus systems on dedicated facilities or available roadway 61 connections. 62 (36) “Mobility plan” means an integrated land use and 63 transportation plan that promotes compact, mixed-use, and 64 interconnected development served by a multimodal transportation 65 system that includes roads, bicycle and pedestrian facilities, 66 and, where feasible and appropriate, frequent transit and rail 67 service, to provide individuals with viable transportation 68 options without sole reliance upon a motor vehicle for personal 69 mobility. 70 Section 2. Subsection (1), paragraph (a) of subsection (3), 71 and paragraph (a) of subsection (6) of section 163.3177, Florida 72 Statutes, are amended to read: 73 163.3177 Required and optional elements of comprehensive 74 plan; studies and surveys.— 75 (1) The comprehensive plan shall consist of materials in 76 such descriptive form, written or graphic, as may be appropriate 77 to the prescription of principles, guidelines, and standards for 78 the orderly and balanced future economic, social, physical, 79 environmental, and fiscal development of the area. The 80 comprehensive plan shall be based upon resident and seasonal 81 population estimates and projections that shall accommodate at a 82 minimum the medium population projections provided by the 83 University of Florida Bureau of Economic and Business Research 84 or population projections generated by a local government based 85 upon a professionally accepted methodology which are equal to or 86 greater than the University of Florida Bureau of Economic and 87 Business Research. 88 (3)(a) The comprehensive plan shall contain a capital 89 improvements element designed to consider the need for and the 90 location of public facilities in order to encourage the 91 efficient use of such facilities and set forth: 92 1. A component that outlines principles for construction, 93 extension, or increase in capacity of public facilities, as well 94 as a component that outlines principles for correcting existing 95 public facility deficiencies, which are necessary to implement 96 the comprehensive plan. The components shall cover at least a 5 97 year period. 98 2. Estimated public facility costs, including a delineation 99 of when facilities will be needed, the general location of the 100 facilities, and projected revenue sources to fund the 101 facilities. 102 3. Standards to ensure the availability of public 103 facilities and the adequacy of those facilities including 104 acceptable levels of service. 105 4. Standards for the management of debt. 106 5. A schedule of capital improvements which includes any 107 project publicly funded by federal, state, or local government 108projects, and which may include privately funded projects for 109 which the local government has no fiscal responsibility, 110 necessary to ensure that adopted level-of-service standards are 111 achieved and maintained. For capital improvements that will be 112 funded by the developer, financial feasibility shall be 113 demonstrated by being guaranteed in an enforceable development 114 agreement or interlocal agreement pursuant to paragraph (10)(h), 115 or other enforceable agreement. These development agreements and 116 interlocal agreements shall be reflected in the schedule of 117 capital improvements if the capital improvement is necessary to 118 serve development within the 5-year schedule. If the local 119 government uses planned revenue sources that require referenda 120 or other actions to secure the revenue source, the plan must, in 121 the event the referenda are not passed or actions do not secure 122 the planned revenue source, identify other existing revenue 123 sources that will be used to fund the capital projects or 124 otherwise amend the plan to ensure financial feasibility. 125 6. The schedule must include transportation improvements 126 included in the applicable metropolitan planning organization’s 127 transportation improvement program adopted pursuant to s. 128 339.175(8) to the extent that such improvements are relied upon 129 to ensure concurrency or implementation of a mobility plan as 130 defined in s. 163.3164(36) and financial feasibility. The 131 schedule must also be coordinated with the applicable 132 metropolitan planning organization’s long-range transportation 133 plan adopted pursuant to s. 339.175(7). 134 (6) In addition to the requirements of subsections (1)-(5) 135 and (12), the comprehensive plan shall include the following 136 elements: 137 (a) A future land use plan element designating proposed 138 future general distribution, location, and extent of the uses of 139 land for residential uses, commercial uses, industry, 140 agriculture, recreation, conservation, education, public 141 buildings and grounds, other public facilities, and other 142 categories of the public and private uses of land. Counties are 143 encouraged to designate rural land stewardship areas, pursuant 144 to paragraph (11)(d), as overlays on the future land use map. 145 Each future land use category must be defined in terms of uses 146 included, and must include standards to be followed in the 147 control and distribution of population densities and building 148 and structure intensities. The proposed distribution, location, 149 and extent of the various categories of land use shall be shown 150 on a land use map or map series which shall be supplemented by 151 goals, policies, and measurable objectives. The future land use 152 plan shall be based upon surveys, studies, and data regarding 153 the area, and includeincludingthe amount of land required to 154 accommodate projectedanticipatedgrowth as specified by this 155 subsection; the projected resident and seasonal population of 156 the area; the character of undeveloped land; the availability of 157 water supplies, public facilities, and services; the need for 158 redevelopment, including the renewal of blighted areas and the 159 elimination of nonconforming uses which are inconsistent with 160 the character of the community; the need for job creation, 161 capital investment, and economic development that will 162 strengthen and diversify the economy; the compatibility of uses 163 on lands adjacent to or closely proximate to military 164 installations; lands adjacent to an airport as defined in s. 165 330.35 and consistent with s. 333.02; the discouragement of 166 urban sprawl; energy-efficient land use patterns accounting for 167 existing and future electric power generation and transmission 168 systems; and greenhouse gas reduction strategies; and, in rural169communities, the need for job creation, capital investment, and170economic development that will strengthen and diversify the171community’s economy. The future land use plan may designate 172 areas for future planned development use involving combinations 173 of types of uses for which special regulations may be necessary 174 to ensure development in accord with the principles and 175 standards of the comprehensive plan and this act. The future 176 land use plan element shall include criteria to be used to 177 achieve the compatibility of lands adjacent or closely proximate 178 to military installations, considering factors identified in s. 179 163.3175(5), and lands adjacent to an airport as defined in s. 180 330.35 and consistent with s. 333.02.In addition, for rural181communities,The amount of land designated for future planned 182 land uses should allow the operation of real estate markets to 183 provide adequate choices for permanent and seasonal residents 184 and businesses andindustrial useshallbe based upon surveys185and studies that reflect the need for job creation, capital186investment, and the necessity to strengthen and diversify the187local economies, andmay not be limited solely by the projected 188 populationof the rural community. The element shall accommodate 189 at least the minimum amount of land required to accommodate the 190 medium projections of the Bureau of Economic and Business 191 Research for at least a 10-year planning period. The future land 192 use plan of a county may also designate areas for possible 193 future municipal incorporation. The land use maps or map series 194 shall generally identify and depict historic district boundaries 195 and shall designate historically significant properties meriting 196 protection. For coastal counties, the future land use element 197 must include, without limitation, regulatory incentives and 198 criteria that encourage the preservation of recreational and 199 commercial working waterfronts as defined in s. 342.07. The 200 future land use element must clearly identify the land use 201 categories in which public schools are an allowable use. When 202 delineating the land use categories in which public schools are 203 an allowable use, a local government shall include in the 204 categories sufficient land proximate to residential development 205 to meet the projected needs for schools in coordination with 206 public school boards and may establish differing criteria for 207 schools of different type or size. Each local government shall 208 include lands contiguous to existing school sites, to the 209 maximum extent possible, within the land use categories in which 210 public schools are an allowable use. The failure by a local 211 government to comply with these school siting requirements will 212 result in the prohibition of the local government’s ability to 213 amend the local comprehensive plan, except for plan amendments 214 described in s. 163.3187(1)(b), until the school siting 215 requirements are met. Amendments proposed by a local government 216 for purposes of identifying the land use categories in which 217 public schools are an allowable use are exempt from the 218 limitation on the frequency of plan amendments contained in s. 219 163.3187. The future land use element shall include criteria 220 that encourage the location of schools proximate to urban 221 residential areas to the extent possible and shall require that 222 the local government seek to collocate public facilities, such 223 as parks, libraries, and community centers, with schools to the 224 extent possible and to encourage the use of elementary schools 225 as focal points for neighborhoods. For schools serving 226 predominantly rural counties, defined as a county with a 227 population of 100,000 or fewer, an agricultural land use 228 category is eligible for the location of public school 229 facilities if the local comprehensive plan contains school 230 siting criteria and the location is consistent with such 231 criteria. Local governments required to update or amend their 232 comprehensive plan to include criteria and address compatibility 233 of lands adjacent or closely proximate to existing military 234 installations, or lands adjacent to an airport as defined in s. 235 330.35 and consistent with s. 333.02, in their future land use 236 plan element shall transmit the update or amendment to the state 237 land planning agency by June 30, 2012. 238 Section 3. Paragraphs (a) and (b) of subsection (9), 239 paragraph (c) of subsection (11), subsection (12), and 240 paragraphs (a), (b), (f), and (i) of subsection (16) of section 241 163.3180, Florida Statutes, are amended to read: 242 163.3180 Concurrency.— 243 (9)(a) Each local government shallmayadopt as a part of 244 its plan,long-term transportation and school concurrency 245 management systems with a planning period of up to 10 years for 246 specially designated districts or areas in which transportation 247 deficiencies are projected towhere significant backlogsexist 248 for 10 years. The plan shallmayinclude interim level-of 249 service standards on certain facilities and shall rely on the 250 local government’s schedule of capital improvements for up to 10 251 years as a basis for issuing development orders that authorize 252 commencement of construction in these designated districts or 253 areas. Pursuant to subsection (12), the concurrency management 254 system must be designed to correct existing or projected 255 deficiencies and set priorities for addressing deficient 256backloggedfacilities. The concurrency management system must be 257 financially feasible and consistent with other portions of the 258 adopted local plan, including the future land use map. 259 (b) If a local government has a transportation deficiency 260 or school facility deficiencybacklogfor existing development 261 which cannot be adequately addressed in a 10-year plan, the 262 state land planning agency may allow it to develop a plan and 263 long-term schedule of capital improvements covering up to 15 264 years for good and sufficient cause, based on a general 265 comparison between that local government and all other similarly 266 situated local jurisdictions, using the following factors: 267 1. The extent of the deficiencybacklog. 268 2. For roads, whether the deficiencybacklogis on local or 269 state roads. 270 3. The cost of eliminating the deficiencybacklog. 271 4. The local government’s tax and other revenue-raising 272 efforts. 273 (11) In order to limit the liability of local governments, 274 a local government may allow a landowner to proceed with 275 development of a specific parcel of land notwithstanding a 276 failure of the development to satisfy transportation 277 concurrency, when all the following factors are shown to exist: 278 (c) The local plan includes a financially feasible capital 279 improvements element that identifiesprovides fortransportation 280 facilities adequate to serve the proposed development, and the 281 local government has not implemented that element, or the local 282 government determines that the transportation facilities or 283 facility segments identified as mitigation for traffic impacts 284 will significantly benefit the impacted transportation system. 285 (12)(a) A development of regional impact may satisfy the 286 transportation concurrency requirements of the local 287 comprehensive plan, the local government’s concurrency 288 management system, and s. 380.06 by payment of a proportionate 289 share contribution for local and regionally significant traffic 290 impacts, if: 291 1. The development of regional impact which, based on its 292 location or mix of land uses, is designed to encourage 293 pedestrian or other nonautomotive modes of transportation; 294 2. The proportionate-share contribution for local and 295 regionally significant traffic impacts is sufficient to pay for 296 one or more required mobility improvements that will benefit a 297 regionally significant transportation facility; 298 3. The owner and developer of the development of regional 299 impact pays or assures payment of the proportionate-share 300 contribution; and 301 4. If the regionally significant transportation facility to 302 be constructed or improved is under the maintenance authority of 303 a governmental entity, as defined by s. 334.03(12), other than 304 the local government with jurisdiction over the development of 305 regional impact, the developer is required to enter into a 306 binding and legally enforceable commitment to transfer funds to 307 the governmental entity having maintenance authority or to 308 otherwise assure construction or improvement of the facility. 309 310 The proportionate-share contribution may be applied to any 311 transportation facility to satisfy the provisions of this 312 subsection and the local comprehensive plan, but, for the 313 purposes of this subsection, the amount of the proportionate 314 share contribution shall be calculated based upon the cumulative 315 number of trips from the proposed development expected to reach 316 roadways during the peak hour from the complete buildout of a 317 stage or phase being approved, divided by the change in the peak 318 hour maximum service volume of roadways resulting from 319 construction of an improvement necessary to maintain the adopted 320 level of service, multiplied by the construction cost, at the 321 time of developer payment, of the improvement necessary to 322 maintain the adopted level of service. In projecting the number 323 of trips to be generated by the development under review, any 324 trips assigned to a toll-financed facility shall be eliminated 325 from the analysis. In using the proportionate-share formula 326 provided in this paragraph, the applicant, in its traffic 327 analysis, shall establish those roads or facilities that have a 328 transportation deficiency in accordance with the transportation 329 deficiency definition provided in paragraph (b). If any road is 330 determined to be transportation deficient, it shall be removed 331 from the development’s list of significantly and adversely 332 impacted road segments and from the proportionate-share 333 calculation. The identified improvement to correct the 334 transportation deficiency is the funding responsibility of the 335 effected state or local government. The proportionate-share 336 formula provided in this paragraph shall be applied to those 337 facilities that are not deficient but are determined to be 338 significantly and adversely impacted by the project under 339 review. If additional improvements beyond those improvements 340 necessary to correct the existing deficiency would be needed for 341 an identified deficient facility, the necessary improvements to 342 correct the existing deficiency for that facility will be 343 considered to be in place, and the development’s proportionate 344 share shall be calculated only for the needed improvements that 345 are above the deficient improvements. For purposes of this 346 subsection, “construction cost” includes all associated costs of 347 the improvement. Proportionate-share mitigation shall be limited 348 to ensure that a development of regional impact meeting the 349 requirements of this subsection mitigates its impact on the 350 transportation system but is not responsible for the additional 351 cost of reducing or eliminating deficienciesbacklogs. This 352 subsection also applies to Florida Quality Developments pursuant 353 to s. 380.061 and to detailed specific area plans implementing 354 optional sector plans pursuant to s. 163.3245. 355 (b) As used in this subsection, the term “transportation 356 deficiency”“backlog”means a facility or facilities on which 357 the adopted level-of-service standard is exceeded by the 358 existing trips, plus additional projected background trips from 359 any source other than the development project under review that 360 are forecast by established traffic standards, including traffic 361 modeling, consistent with the University of Florida Bureau of 362 Economic and Business Research medium population projections. 363 Additional projected background trips are to be coincident with 364 the particular stage or phase of development under review. 365 (16) It is the intent of the Legislature to provide a 366 method by which the impacts of development on transportation 367 facilities can be mitigated by the cooperative efforts of the 368 public and private sectors. The methodology used to calculate 369 proportionate fair-share mitigation under this section shall be 370 as provided for in subsection (12). 371 (a) By December 1, 20112006, each local government shall 372 adopt by ordinance a methodology for assessing proportionate 373 fair-share mitigation options. By December 1, 2005, the 374 Department of Transportation shall develop a model 375 transportation concurrency management ordinance with 376 methodologies for assessing proportionate fair-share mitigation 377 options. 378 (b)1. In its transportation concurrency management system, 379 a local government shall, by December 1, 2006, include 380 methodologies that will be applied to calculate proportionate 381 fair-share mitigation. A developer may choose to satisfy all 382 transportation concurrency requirements by contributing or 383 paying proportionate fair-share mitigation if transportation 384 facilities or facility segments identified as mitigation for 385 traffic impacts are specifically identified for funding in the 386 5-year schedule of capital improvements in the capital 387 improvements element of the local plan or the long-term 388 concurrency management system or if such contributions or 389 payments to such facilities or segments are reflected in the 5 390 year schedule of capital improvements in the next regularly 391 scheduled update of the capital improvements element, or in a 392 binding proportionate-share agreement as provided in paragraph 393 (f). Updates to the 5-year capital improvements element which 394 reflect proportionate fair-share contributions may not be found 395 not in compliance based on ss. 163.3164(32) and 163.3177(3) if 396 additional contributions, payments or funding sources are 397 reasonably anticipated during a period not to exceed 10 years to 398 fully mitigate impacts on the transportation facilities. 399 2. Proportionate fair-share mitigation shall be applied as 400 a credit against impact fees to the extent that all or a portion 401 of the proportionate fair-share mitigation is used to address 402 the same capital infrastructure improvements contemplated by the 403 local government’s impact fee ordinance. 404 (f) If the funds in an adopted 5-year capital improvements 405 element are insufficient to fully fund construction of a 406 transportation improvement required by the local government’s 407 concurrency management system, a local government and a 408 developer may still enter into a binding proportionate-share 409 agreement authorizing the developer to construct that amount of 410 development on which the proportionate share is calculated if 411 the proportionate-share amount in such agreement is sufficient 412 to pay for one or more improvements which will, in the opinion 413 of the governmental entity or entities maintaining the 414 transportation facilities, significantly benefit the impacted 415 transportation system. In the event that the transportation 416 facilities or facility segments identified as mitigation for 417 traffic impacts are not included within the adopted 5-year 418 capital improvement element but are determined to significantly 419 benefit the impacted transportation system in the opinion of the 420 governmental entity or entities maintaining the transportation 421 facilities, a local government and a developer may still enter 422 into a binding proportionate-share agreement authorizing the 423 developer to construct that amount of development on which the 424 proportionate share is calculated. In all events theThe425 improvements funded by the proportionate-share component must be 426 adopted into the 5-year capital improvements schedule of the 427 comprehensive plan at the next annual capital improvements 428 element update, or the developer must contribute its 429 proportionate share for the transportation facilities or 430 facility segments identified as mitigation for the traffic 431 impacts of the development on which the proportionate share is 432 calculated. The funding of any improvements that significantly 433 benefit the impacted transportation system satisfies concurrency 434 requirements as a mitigation of the development’s impact upon 435 the overall transportation system even if there remains a 436 failure of concurrency on other impacted facilities. 437 (i) As used in this subsection, the term “transportation 438 deficiency”“backlog”means a facility or facilities on which 439 the adopted level-of-service standard is exceeded by the 440 existing trips, plus additional projected background trips from 441 any source other than the development project under review that 442 are forecast by established traffic standards, including traffic 443 modeling, consistent with the University of Florida Bureau of 444 Economic and Business Research medium population projections. 445 Additional projected background trips are to be coincident with 446 the particular stage or phase of development under review. 447 Transportation deficiency shall be determined in the same manner 448 as provided in subsection (12). 449 Section 4. Section 163.3182, Florida Statutes, is amended 450 to read: 451 163.3182 Transportation deficiencyconcurrency backlogs.— 452 (1) DEFINITIONS.—For purposes of this section, the term: 453 (a) “Transportation deficiencyconcurrency backlogarea” 454 means the geographic area within the unincorporated portion of a 455 county or within the municipal boundary of a municipality 456 designated in a local government comprehensive plan for which a 457 transportation deficiencyconcurrency backlogauthority is 458 created pursuant to this section. A transportation deficiency 459concurrency backlogarea created within the corporate boundary 460 of a municipality shall be made pursuant to an interlocal 461 agreement between a county, a municipality or municipalities, 462 and any affected taxing authority or authorities. 463 (b) “Authority” or “transportation deficiencyconcurrency464backlogauthority” means the governing body of a county or 465 municipality within which an authority is created. 466 (c) “Governing body” means the council, commission, or 467 other legislative body charged with governing the county or 468 municipality within which a transportation deficiency 469concurrency backlogauthority is created pursuant to this 470 section. 471 (d) “Transportation deficiencyconcurrency backlog” means 472 an identified deficiency where the existing extent of traffic or 473 projected traffic volume exceeds the level of service standard 474 adopted in a local government comprehensive plan for a 475 transportation facility. 476 (e) “Transportation deficiencyconcurrency backlogplan” 477 means the plan adopted as part of a local government 478 comprehensive plan by the governing body of a county or 479 municipality acting as a transportation deficiencyconcurrency480backlogauthority. 481 (f) “Transportation deficiencyconcurrency backlogproject” 482 means any designated transportation project that will mitigate a 483 deficiency identified in a transportation deficiency plan 484identified for construction within the jurisdiction of a485transportation concurrency backlog authority. 486 (g) “Debt service millage” means any millage levied 487 pursuant to s. 12, Art. VII of the State Constitution. 488 (h) “Increment revenue” means the amount calculated 489 pursuant to subsection (5). 490 (i) “Taxing authority” means a public body that levies or 491 is authorized to levy an ad valorem tax on real property located 492 within a transportation deficiencyconcurrency backlogarea, 493 except a school district. 494 (2) CREATION OF TRANSPORTATION DEFICIENCYCONCURRENCY495BACKLOGAUTHORITIES.— 496 (a) A county or municipality may create a transportation 497 deficiencyconcurrency backlogauthority if it has an identified 498 transportation deficiencyconcurrency backlog. 499 (b) Acting as the transportation deficiencyconcurrency500backlogauthority within the authority’s jurisdictional 501 boundary, the governing body of a county or municipality shall 502 adopt and implement a plan to eliminate all identified 503 transportation deficienciesconcurrency backlogswithin the 504 authority’s jurisdiction using funds provided pursuant to 505 subsection (5) and as otherwise provided pursuant to this 506 section. 507 (c) The Legislature finds and declares that there exist in 508 many counties and municipalities areas that have significant 509 transportation deficiencies and inadequate transportation 510 facilities; that many insufficiencies and inadequacies severely 511 limit or prohibit the satisfaction of adopted transportation 512 level-of-serviceconcurrencystandards; that the transportation 513 insufficiencies and inadequacies affect the health, safety, and 514 welfare of the residents of these counties and municipalities; 515 that the transportation insufficiencies and inadequacies 516 adversely affect economic development and growth of the tax base 517 for the areas in which these insufficiencies and inadequacies 518 exist; and that the elimination of transportation deficiencies 519 and inadequacies and the satisfaction of transportation level 520 of-serviceconcurrencystandards are paramount public purposes 521 for the state and its counties and municipalities. 522 (3) POWERS OF A TRANSPORTATION DEFICIENCYCONCURRENCY523BACKLOGAUTHORITY.—Each transportation deficiencyconcurrency524backlogauthority has the powers necessary or convenient to 525 carry out the purposes of this section, including the following 526 powers in addition to others granted in this section: 527 (a) To make and execute contracts and other instruments 528 necessary or convenient to the exercise of its powers under this 529 section. 530 (b) To undertake and carry out transportation deficiency 531concurrency backlogprojects for transportation facilities that 532 have transportation deficienciesa concurrency backlogwithin 533 the authority’s jurisdiction.Concurrency backlogProjects may 534 include transportation facilities that provide for alternative 535 modes of travel including sidewalks, bikeways, and mass transit 536 which are related to a deficientbackloggedtransportation 537 facility. 538 (c) To invest any transportation deficiencyconcurrency539backlogfunds held in reserve, sinking funds, or any such funds 540 not required for immediate disbursement in property or 541 securities in which savings banks may legally invest funds 542 subject to the control of the authority and to redeem such bonds 543 as have been issued pursuant to this section at the redemption 544 price established therein, or to purchase such bonds at less 545 than redemption price. All such bonds redeemed or purchased 546 shall be canceled. 547 (d) To borrow money, including, but not limited to, issuing 548 debt obligations such as, but not limited to, bonds, notes, 549 certificates, and similar debt instruments; to apply for and 550 accept advances, loans, grants, contributions, and any other 551 forms of financial assistance from the Federal Government or the 552 state, county, or any other public body or from any sources, 553 public or private, for the purposes of this part; to give such 554 security as may be required; to enter into and carry out 555 contracts or agreements; and to include in any contracts for 556 financial assistance with the Federal Government for or with 557 respect to a transportation deficiencyconcurrency backlog558 project and related activities such conditions imposed under 559 federal laws as the transportation deficiencyconcurrency560backlogauthority considers reasonable and appropriate and which 561 are not inconsistent with the purposes of this section. 562 (e) To make or have made all surveys and plans necessary to 563 the carrying out of the purposes of this section; to contract 564 with any persons, public or private, in making and carrying out 565 such plans; and to adopt, approve, modify, or amend such 566 transportation deficiencyconcurrency backlogplans. 567 (f) To appropriate such funds and make such expenditures as 568 are necessary to carry out the purposes of this section, and to 569 enter into agreements with other public bodies, which agreements 570 may extend over any period notwithstanding any provision or rule 571 of law to the contrary. 572 (4) TRANSPORTATION DEFICIENCYCONCURRENCY BACKLOGPLANS.— 573 (a) Each transportation deficiencyconcurrency backlog574 authority shall adopt a transportation deficiencyconcurrency575backlogplan as a part of the local government comprehensive 576 plan within 6 months after the creation of the authority. The 577 plan must: 578 1. Identify all transportation facilities that have been 579 designated as deficient and require the expenditure of moneys to 580 upgrade, modify, or mitigate the deficiency. 581 2. Include a priority listing of all transportation 582 facilities that have been designated as deficient and do not 583 satisfy deficiencyconcurrencyrequirements pursuant to s. 584 163.3180, and the applicable local government comprehensive 585 plan. 586 3. Establish a schedule for financing and construction of 587 transportation deficiencyconcurrency backlogprojects that will 588 eliminate transportation deficienciesconcurrency backlogs589 within the jurisdiction of the authority within 10 years after 590 the transportation deficiencyconcurrency backlogplan adoption. 591 If the utilization of mass transit is selected as all or part of 592 the system solution, the improvements and service may extend 593 outside the area of the transportation deficiency areas to the 594 planned terminus of the improvement as long as the improvement 595 provides capacity enhancements to a larger intermodal system. 596 The schedule shall be adopted as part of the local government 597 comprehensive plan. 598 (b) The adoption of the transportation deficiency 599concurrency backlogplan shall be exempt from the provisions of 600 s. 163.3187(1). 601 602 Notwithstanding such schedule requirements, as long as the 603 schedule provides for the elimination of all transportation 604 deficienciesconcurrency backlogswithin 10 years after the 605 adoption of the deficiencyconcurrency backlogplan, the final 606 maturity date of any debt incurred to finance or refinance the 607 related projects may be no later than 40 years after the date 608 the debt is incurred and the authority may continue operations 609 and administer the trust fund established as provided in 610 subsection (5) for as long as the debt remains outstanding. 611 (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation 612 deficiencyconcurrency backlogauthority shall establish a local 613 transportation deficiencyconcurrency backlogtrust fund upon 614 creation of the authority. Each local trust fund shall be 615 administered by the transportation deficiencyconcurrency616backlogauthority within which a transportation deficiencies 617 haveconcurrency backloghas been identified. Each local trust 618 fund must continue to be funded under this section for as long 619 as the projects set forth in the related transportation 620 deficiencyconcurrency backlogplan remain to be completed or 621 until any debt incurred to finance or refinance the related 622 projects is no longer outstanding, whichever occurs later. 623 Beginning in the first fiscal year after the creation of the 624 authority, each local trust fund shall be funded by the proceeds 625 of an ad valorem tax increment collected within each 626 transportation deficiencyconcurrency backlogarea to be 627 determined annually and shall be a minimum of 25 percent of the 628 difference between the amounts set forth in paragraphs (a) and 629 (b), except that if all of the affected taxing authorities agree 630 under an interlocal agreement, a particular local trust fund may 631 be funded by the proceeds of an ad valorem tax increment greater 632 than 25 percent of the difference between the amounts set forth 633 in paragraphs (a) and (b): 634 (a) The amount of ad valorem tax levied each year by each 635 taxing authority, exclusive of any amount from any debt service 636 millage, on taxable real property contained within the 637 jurisdiction of the transportation deficiencyconcurrency638backlogauthority and within the transportation deficiency 639backlogarea; and 640 (b) The amount of ad valorem taxes which would have been 641 produced by the rate upon which the tax is levied each year by 642 or for each taxing authority, exclusive of any debt service 643 millage, upon the total of the assessed value of the taxable 644 real property within the transportation deficiencyconcurrency645backlogarea as shown on the most recent assessment roll used in 646 connection with the taxation of such property of each taxing 647 authority prior to the effective date of the ordinance funding 648 the trust fund. 649 (6) EXEMPTIONS.— 650 (a) The following public bodies or taxing authorities are 651 exempt from the provisions of this section: 652 1. A special district that levies ad valorem taxes on 653 taxable real property in more than one county. 654 2. A special district for which the sole available source 655 of revenue is the authority to levy ad valorem taxes at the time 656 an ordinance is adopted under this section. However, revenues or 657 aid that may be dispensed or appropriated to a district as 658 defined in s. 388.011 at the discretion of an entity other than 659 such district shall not be deemed available. 660 3. A library district. 661 4. A neighborhood improvement district created under the 662 Safe Neighborhoods Act. 663 5. A metropolitan transportation authority. 664 6. A water management district created under s. 373.069. 665 7. A community redevelopment agency. 666 (b) A transportation deficiencyconcurrency exemption667 authority may also exempt from this section a special district 668 that levies ad valorem taxes within the transportation 669 deficiencyconcurrency backlogarea pursuant to s. 670 163.387(2)(d). 671 (7) TRANSPORTATION DEFICIENCYCONCURRENCYSATISFACTION. 672 Upon adoption of a transportation deficiencyconcurrency backlog673 plan as a part of the local government comprehensive plan, and 674 the plan going into effect, the area subject to the plan shall 675 be deemed to have achieved and maintained transportation level 676 of-service standards, and to have met requirements for financial 677 feasibility for transportation facilities, and for the purpose678of proposed development transportation concurrency has been679satisfied. Proportionate fair-share mitigation shall be limited 680 to ensure that a development inside a transportation deficiency 681concurrency backlogarea is not responsible for the additional 682 costs of eliminating deficienciesbacklogs. 683 (8) DISSOLUTION.—Upon completion of all transportation 684 deficiencyconcurrency backlogprojects and repayment or 685 defeasance of all debt issued to finance or refinance such 686 projects, a transportation deficiencyconcurrency backlog687 authority shall be dissolved, and its assets and liabilities 688 transferred to the county or municipality within which the 689 authority is located. All remaining assets of the authority must 690 be used for implementation of transportation projects within the 691 jurisdiction of the authority. The local government 692 comprehensive plan shall be amended to remove the transportation 693 deficiencyconcurrency backlogplan. 694 Section 5. Section 163.3191, Florida Statutes, is amended 695 to read: 696 (Substantial rewording of section. See 697 s. 163.3191, F.S., for present text.) 698 163.3191 Local government evaluation of comprehensive 699 plan.— 700 (1) At least once every 7 years, each local government 701 shall evaluate its comprehensive plan to determine if plan 702 amendments are necessary to reflect any changes in state 703 requirements under this part since the last update of the plan, 704 and provide written notification to the state land planning 705 agency as to such determination. If the local government 706 determines amendments to the plan are necessary, the local 707 government shall prepare and transmit such plan amendments 708 within 1 year after submitting the written notification for 709 review pursuant to s. 163.3184. 710 (2) Local governments are encouraged to comprehensively 711 evaluate and, as necessary, update comprehensive plans to 712 reflect changes in local conditions. Plan amendments transmitted 713 pursuant to this section shall be reviewed in accordance with s. 714 163.3184. 715 (3) If a local government fails to submit its letter 716 prescribed by subsection (1) or update its plan pursuant to 717 subsection (2), it may not amend its comprehensive plan except 718 in accordance with this section. 719 Section 6. Paragraph (u) is added to subsection (24) of 720 section 380.06, Florida Statutes, to read: 721 380.06 Developments of regional impact.— 722 (24) STATUTORY EXEMPTIONS.— 723 (u) Any transit-oriented development as defined in s. 724 163.3164 incorporated into the county or municipality 725 comprehensive plan that has adopted land use and transportation 726 strategies to support and fund the local government concurrency 727 or mobility plan identified in the comprehensive plan, including 728 alternative modes of transportation, is exempt from review for 729 transportation impacts conducted pursuant to this section. This 730 paragraph does not apply to areas: 731 1. Within the boundary of any area of critical state 732 concern designated pursuant to s. 380.05; 733 2. Within the boundary of the Wekiva Study Area as 734 described in s. 369.316; or 735 3. Within 2 miles of the boundary of the Everglades 736 Protection Area as defined in s. 373.4592(2). 737 738 If a use is exempt from review as a development of regional 739 impact under paragraphs (a)-(s), but will be part of a larger 740 project that is subject to review as a development of regional 741 impact, the impact of the exempt use must be included in the 742 review of the larger project, unless such exempt use involves a 743 development of regional impact that includes a landowner, 744 tenant, or user that has entered into a funding agreement with 745 the Office of Tourism, Trade, and Economic Development under the 746 Innovation Incentive Program and the agreement contemplates a 747 state award of at least $50 million. 748 Section 7. The Legislature finds that this act fulfills an 749 important state interest. 750 Section 8. This act shall take effect upon becoming a law.