Senate bill 360 refined: the impact of the 2007 legislative session on local government growth management.

• Author: Trevarthen, Susan L.
• Position: Part 2 - Florida

Tax Increment Financing for Transportation Concurrency Backlogs and Conservation Lands

The legislature, recognizing the success that community redevelopment areas have had with tax increment financing over the past 30 years, has created two new ways for local governments to utilize such financing: 1) to assist in the elimination of transportation concurrency backlogs; and 2) to assist in the acquisition of conservation lands.

* Transportation Concurrency Backlog Areas--Under current state law, local governments have the ability to adopt long-term concurrency management systems with a planning period of up to 10 years for specially designated districts or areas where significant backlogs exist, (1) with the funding of improvements within these districts or areas coming from either existing transportation funding or developer contributions. Under HB 7203 and HB 985, a new funding mechanism has been created to help eliminate backlogged transportation facilities. Similar to the designated districts or areas used for a long-term concurrency management system, a county or municipality may now designate a transportation concurrency backlog area (2) with an identified transportation concurrency backlog. (3)

If a transportation concurrency backlog authority is created, it must adopt and implement a plan to eliminate all identified transportation concurrency backlogs within the designated area. The plan must be adopted as part of the local comprehensive plan within six months from the date the authority is created; this amendment is not subject to the twice-a-year limitation on adopting comprehensive plan amendments. The plan must identify and prioritize all transportation facilities that are deficient and do not satisfy concurrency requirements or the local government comprehensive plan. Additionally, the plan must provide a schedule for the financing and construction of projects that will eliminate the transportation concurrency backlogs within 10 years.

Once the municipality has adopted the plan, the area covered by the plan will be considered as having achieved and maintained transportation level of service standards and financial feasibility for transportation facilities. Additionally, transportation concurrency will be deemed satisfied for purposes of the proposed development; however, developers will not be responsible for the costs to eliminate backlogs within the transportation concurrency backlog areas as part of their proportionate fair share mitigation.

The authority must be funded by the proceeds of an ad valorem tax increment collected within the designated area, and the proceeds must be placed in a local trust fund. The increment is determined annually, and must be 25 percent of the difference between 1) the amount of ad valorem taxes levied each year, exclusive of any amount from any debt service; and 2) the ad valorem taxes that would have been assessed within the area prior to the effective date of the ordinance funding the trust fund where the funding will be deposited.

* Conservation Lands--The legislature has determined that acquiring conservation lands for recreational opportunities and ecotourism serves a valid public purpose, and that an inadequate supply of conservation lands limits recreational opportunities and negatively impacts the economy, health, and welfare of communities. In order to help local governments in acquiring conservation lands, HB 7203 provides that two or more counties, or a combination of at least one county and one or more municipalities, may establish a tax increment area for conservation lands through an interlocal agreement. The tax increment is required to be determined annually, and may not exceed 95 percent of the difference in ad valorem taxes.

Affordable Workforce Housing: HB 1375

* Housing Element of Comprehensive Plan Required to Include Provision for Affordable Workforce Housing--HB 1375 is an attempt to remedy the shortfall in affordable housing within the state. It requires that adequate sites for future affordable workforce housing (4) be provided for in the housing element of the local comprehensive plan. (5) In addition, HB 1375 directs counties which are not already designated as an area of critical state concern to adopt a plan to ensure adequate sites for workforce housing if the gap between the buying power of a family of four and the median county home sale price exceeds $170,000. (6) This plan must be in place by July 1, 2008, and, at the very least, identify adequate sites for workforce housing. Failure to comply leads to a loss of eligibility to receive state housing assistance grants until compliance is achieved. (7)

* Expedited Comprehensive Plan Amendment Process for Local Housing Incentive Strategies--HB 1375 provides a mechanism to expedite the adoption of comprehensive plan amendments that are consistent with the local housing incentive strategies outlined in the State Housing Initiatives Partnership (SHIP). (8) In order to use this expedited process, however, the local government must identify in its comprehensive plan the types of housing developments and conditions it will consider consistent with the SHIP local housing incentive strategies. The local government must notify DCA at least 30 days prior to the adoption of the amendment and provide them with the local government's evaluation concerning the suitability of the site and the availability of services and facilities. Under this streamlined process, only one public hearing is required, which is the plan amendment adoption hearing. (9) The advertisement for the hearing must provide the public with notice that the local government is using the expedited adoption process. Once DCA receives the amendment package, it has 30 days from its determination that the amendment package is complete to issue a notice of intent. Additionally...