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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to alternative mobility funding 2
systems; amending s. 163.3164, F.S.; providing 3
definitions related to alternative mobility funding 4
systems; amending s. 163.3180, F.S.; requiring a local 5
government to apply certain criteria provided in its 6
comprehensive plan to evaluate the appropriate levels 7
of service; requiring a local government to adopt a 8
mobility plan under certain circumstances; creating s. 9
163.31803, F.S.; providing legislative intent; 10
requiring a local government adopting a mobility plan 11
to evaluate appropriate levels of service and 12
potential impacts of development by using the elements 13
of its comprehensive plan; requiring a local 14
government that adopts a mobility plan to incorporate 15
the mobility plan and mobility fee schedule into it s 16
comprehensive plan; specifying procedures for adopting 17
a mobility plan or a mobility fee schedule; requiring 18
mobility fees to meet certain requirements; specifying 19
criteria that must be met in adopting a mobility plan; 20
prohibiting a transportation impac t fee under 21
specified conditions; prohibiting mobility fees, fee 22
updates, or fee increases from relying solely on motor 23
vehicle capacity; requiring certain mobility fees to 24
be updated within a specified timeframe; specifying 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
parameters that must or may be included in a mobility 26
fee; specifying criteria to be used by a local 27
government in adopting a mobility plan and mobility 28
fee for transportation mitigation improvements; 29
requiring mobility fees for transportation mitigation 30
improvements to be expended or c ommitted within a 31
specified time period; providing criteria for use by 32
local governments issuing building permits related to 33
mobility fees; encouraging local governments to 34
coordinate certain activities included in mobility 35
plans with other affected local governments for 36
certain purposes; specifying that local governments 37
have the burden of proving that the imposition or 38
amount of a fee or exaction meets certain criteria; 39
prohibiting the courts from using a deferential 40
standard for a specified purpose; amen ding s. 212.055, 41
F.S.; conforming a cross -reference; providing an 42
effective date. 43
44
Be It Enacted by the Legislature of the State of Florida: 45
46
Section 1. Subsections (32) through (52) of section 47
163.3164, Florida Statutes, are renumbered as subsecti ons (34) 48
through (54), respectively, and new subsections (32) and (33) 49
are added to that section, to read: 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
163.3164 Community Planning Act; definitions. —As used in 51
this act: 52
(32) "Mobility fee" means a local government fee schedule 53
established by ordin ance and based on the projects included in 54
the local government's adopted mobility plan. 55
(33) "Mobility plan" means an integrated land use and 56
alternative mobility transportation plan adopted into a local 57
government comprehensive plan that promotes a com pact, mixed-58
use, and an interconnected development served by a multimodal 59
transportation system. 60
Section 2. Paragraphs (b), (c), (f), and (i) of subsection 61
(5) of section 163.3180, Florida Statutes, are amended to read: 62
163.3180 Concurrency. — 63
(5) 64
(b) A local government governments shall use 65
professionally accepted studies to evaluate the appropriate 66
levels of service. A local government governments should 67
consider the number and type of facilities that will be 68
necessary to meet level -of-service demands when determining the 69
appropriate levels of service. The schedule of facilities that 70
are necessary to meet the adopted level of service shall be 71
reflected in the capital improvement element. 72
(c) A local government governments shall apply the 73
principles, guidelines, standards, and strategies provided in 74
its comprehensive plan use professionally accepted techniques 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for measuring levels of service when evaluating potential 76
impacts of a proposed development. 77
(f) Local governments are encouraged to devel op tools and 78
techniques to complement the application of transportation 79
concurrency such as: 80
1. Adoption of long -term strategies to facilitate 81
development patterns that support multimodal solutions, 82
including urban design, and appropriate land use mixes, 83
including intensity and density. 84
2. Adoption of an areawide level of service not dependent 85
on any single road segment or other facility function. 86
3. Exempting or discounting impacts of locally desired 87
development, such as development in urban areas, redevelopment, 88
job creation, and mixed use on the transportation system. 89
4. Assigning secondary priority to vehicle mobility and 90
primary priority to ensuring a safe, comfortable, and attractive 91
pedestrian environment, with convenient interconnection to 92
transit. 93
5. Establishing multimodal level of service standards that 94
rely primarily on nonvehicular modes of transportation where 95
existing or planned community design will provide adequate level 96
of mobility. 97
6. Reducing impact fees or local access fees t o promote 98
development within urban areas, multimodal transportation 99
districts, and a balance of mixed -use development in certain 100
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areas or districts, or for affordable or workforce housing. 101
(i) If A local government electing elects to repeal 102
transportation concurrency must, it is encouraged to adopt an 103
alternative mobility funding system as provided in s. 163.31803. 104
that uses one or more of the tools and techniques identified in 105
paragraph (f). Any alternative mobility funding system adopted 106
may not be used to deny, time, or phase an application for site 107
plan approval, plat approval, final subdivision approval, 108
building permits, or the functional equivalent of such approvals 109
provided that the developer agrees to pay for the development's 110
identified transport ation impacts via the funding mechanism 111
implemented by the local government. The revenue from the 112
funding mechanism used in the alternative system must be used to 113
implement the needs of the local government's plan which serves 114
as the basis for the fee impo sed. A mobility fee-based funding 115
system must comply with s. 163.31801 governing impact fees. An 116
alternative system that is not mobility fee -based shall not be 117
applied in a manner that imposes upon new development any 118
responsibility for funding an existing transportation deficiency 119
as defined in paragraph (h). 120
Section 3. Section 163.31803, Florida Statutes, is created 121
to read: 122
163.31803 Mobility plans. — 123
(1) This section establishes the uniform framework for the 124
adoption and implementation of a mobil ity plan as an alternative 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to transportation concurrency as provided in s. 163.3180(5). 126
(a) A mobility plan may not be used to deny, time, or 127
phase an application for site plan approval, plat approval, 128
final subdivision approval, building permit, or the functional 129
equivalent of such approvals provided that the developer agrees 130
to pay for the development's identified transportation impacts 131
via the mobility fees adopted by the local government in the 132
mobility plan. 133
(b) A mobility plan must comply with th e requirements of 134
s. 163.3180(5)(h) and is encouraged to meet the criteria in s. 135
163.3180(5)(f). 136
(c) A local government choosing to adopt a mobility plan 137
must adopt the mobility plan and a mobility fee system into its 138
comprehensive plan. 139
(d) A local government must adopt each mobility plan and 140
mobility fee system by ordinance after conducting at least two 141
public workshops before adoption of the ordinance. 142
(e)1. A local government may: 143
a. Adopt a mobility plan and the initial mobility fee 144
system in a single ordinance by a two -thirds vote of the 145
governing body; or 146
b. Adopt a mobility plan in a single ordinance by a simple 147
majority vote and adopt the initial mobility fee system in a 148
separate ordinance by a two -thirds vote of the governing body. 149
2. A two-thirds vote of the governing body is not 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
necessary if the total amount of the new mobility fee system is 151
less than the total of all fees available to be imposed by the 152
local government on a single development to mitigate the 153
transportation impact of the new development or redevelopment. 154
In such case, a simple majority vote of the governing body is 155
sufficient to approve the mobility fee system. 156
(2) The determination, adoption, and implementation of a 157
mobility fee pursuant to an adopted mobility fee s ystem must 158
comply with this section and s. 163.31801, governing impact 159
fees. 160
(3) A mobility plan: 161
(a) May include existing and emerging transportation 162
technologies that reduce dependence on motor vehicle travel 163
capacity. 164
(b) May not be based solely on adding motor vehicle 165
capacity. 166
(c) Must reflect modes of travel and emerging 167
transportation technologies reducing reliance on motor vehicle 168
capacity established in the local government's comprehensive 169
plan, 170
(d) Must identify multimodal projects con sisting of 171
improvements, services, and programs which increase capacity 172
needed to meet future travel demands. 173
(4) A transportation impact fee may not be imposed within 174
the area designated for the imposition of a mobility fee by a 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
local government mobilit y plan. 176
(5) A mobility fee, fee update, or fee increase must be 177
based on the adopted mobility fee schedule and mobility plan, 178
may not rely solely on motor vehicle capacity, and must be used 179
exclusively to implement the mobility plan. 180
(6) A mobility fee must be updated at least once within 5 181
years after the date the mobility fee is imposed or its most 182
recent update. A mobility fee that is not updated within the 5 183
years is void. A local government considering a mobility fee 184
update may not consider annual inflation adjustments or any 185
phased-in fees to meet the requirements of this subsection. 186
(7) A local government adopting a mobility plan and 187
mobility fee for transportation mitigation improvements must 188
comply with all of the following: 189
(a) Beginning September 1, 2022, any new mobility fee, fee 190
update, or fee increase must be based on an adopted mobility fee 191
schedule and mobility plan. 192
(b) In addition to meeting the requirements of s. 193
163.31801, mobility fees must be calculated using all of the 194
following criteria: 195
1. Projected increases in population, employment, and 196
motor vehicle travel demand and per person travel demand. 197
2. Areawide road levels of service or quality of service 198
standards and multimodal quality of service standards for modes 199
of travel included in the mobility plan. 200
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3. Multimodal projects identified in the adopted mobility 201
plan which are attributable to, and meet the travel demands of, 202
new development and redevelopment and which include capacities 203
based on service standards and projected costs. 204
4. An evaluation of current and future travel conditions 205
to ensure that new development and redevelopment are not charged 206
for backlog and associated capacity deficiencies. 207
5. An evaluation of the projected increases in per person 208
travel demand and system capacity to calculate the fair share of 209
multimodal capacity and the costs of multimodal projects that 210
are assignable and attributable to new development and 211
redevelopment. 212
6. Per person travel demand corresponding to the 213
transportation impact assigned to uses included in the mobility 214
fee schedule ordinance based on trip generation, new trips, per 215
person travel demand, excluded travel on limited access 216
facilities, and adjustments for origin and destination of 217
travel. 218
7. The mobility fee may not be based on recurring 219
transportation costs. 220
(c) Per person travel demand must be localized, reflecting 221
differences in the need for multimodal projects and travel 222
within urban areas based on reduced trip lengths and the 223
availability of existing transportation infrastructure. 224
(d) A local government may recognize reductions in per 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
person travel demand for affordable housing and economic 226
development. 227
(e) Any calculation of per person travel demand must 228
ensure that new development and redevelopm ent are not assessed 229
twice for the same transportation impact. 230
(8) If a mobility fee for a specific transportation 231
mitigation improvement is not expended or committed for an 232
identified project within 6 years after the date it is 233
collected, the mobility f ee must be returned to the applicant. 234
For purposes of this subsection, an expenditure is deemed 235
committed if the preliminary design, right -of-way, or detailed 236
design for the project is completed and construction will 237
commence within 2 years after the fee w as committed. 238
(9) A local government issuing a building permit for 239
development within its jurisdiction shall develop an appropriate 240
mobility fee based on the adopted mobility plan and the mobility 241
fee schedule to ensure that the transportation impacts of the 242
new development or redevelopment project are fully mitigated. If 243
multiple local governments seek to implement a mobility fee, an 244
impact fee, or another transportation mitigation exaction within 245
the boundaries of a local government, the per person trav el 246
demand must be roughly proportional to the transportation impact 247
of new development and redevelopment and must initially be based 248
on that assessed by the government issuing the development's 249
building permit. Another local government may not charge new 250
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development or redevelopment for the same travel demand, 251
capacity, and improvements assessed by the governmental entity 252
that issued the building permit. 253
(10) Local governments are encouraged to coordinate the 254
identification of multimodal projects, along w ith capacity 255
improvements, full costs, and timing of improvements, included 256
in mobility plans with other affected local governments to 257
address impacts both within the boundary of the local 258
governments and are encouraged to identify measurable factors 259
addressing the share of per person travel demand which each 260
local government should assess, the proportion of costs of 261
multimodal projects to be included in the mobility fee 262
calculations, which entity will construct the multimodal 263
projects, and, if necessary, w hether the projected future 264
ownership of the multimodal project and underlying facility 265
should be transferred from the affected local government to the 266
local government adopting the mobility fee. Any mobility fee, 267
impact fee, or other transportation mitiga tion exaction other 268
than the one assessed by the local government issuing the 269
building permits must include the same benefit reductions in per 270
person travel demand for affordable housing, economic 271
development, urban areas, and mixed -use development. 272
(11) A local government adopting a mobility fee and any 273
other local government assessing a transportation exaction for 274
impacts within or beyond the boundaries of a local government 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
has the burden of proving by a preponderance of the evidence 276
that the imposition or amount of the fee or exaction meets the 277
requirements of this section. A court may not use a deferential 278
standard for the benefit of the local government. 279
Section 4. Paragraph (d) of subsection (2) of section 280
212.055, Florida Statutes, is amended t o read: 281
212.055 Discretionary sales surtaxes; legislative intent; 282
authorization and use of proceeds. —It is the legislative intent 283
that any authorization for imposition of a discretionary sales 284
surtax shall be published in the Florida Statutes as a 285
subsection of this section, irrespective of the duration of the 286
levy. Each enactment shall specify the types of counties 287
authorized to levy; the rate or rates which may be imposed; the 288
maximum length of time the surtax may be imposed, if any; the 289
procedure which must be followed to secure voter approval, if 290
required; the purpose for which the proceeds may be expended; 291
and such other requirements as the Legislature may provide. 292
Taxable transactions and administrative procedures shall be as 293
provided in s. 212.054. 294
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. — 295
(d) The proceeds of the surtax authorized by this 296
subsection and any accrued interest shall be expended by the 297
school district, within the county and municipalities within the 298
county, or, in the case of a ne gotiated joint county agreement, 299
within another county, to finance, plan, and construct 300
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infrastructure; to acquire any interest in land for public 301
recreation, conservation, or protection of natural resources or 302
to prevent or satisfy private property rights claims resulting 303
from limitations imposed by the designation of an area of 304
critical state concern; to provide loans, grants, or rebates to 305
residential or commercial property owners who make energy 306
efficiency improvements to their residential or commercial 307
property, if a local government ordinance authorizing such use 308
is approved by referendum; or to finance the closure of county -309
owned or municipally owned solid waste landfills that have been 310
closed or are required to be closed by order of the Department 311
of Environmental Protection. Any use of the proceeds or interest 312
for purposes of landfill closure before July 1, 1993, is 313
ratified. The proceeds and any interest may not be used for the 314
operational expenses of infrastructure, except that a county 315
that has a population of fewer than 75,000 and that is required 316
to close a landfill may use the proceeds or interest for long -317
term maintenance costs associated with landfill closure. 318
Counties, as defined in s. 125.011, and charter counties may, in 319
addition, use the proceeds or interest to retire or service 320
indebtedness incurred for bonds issued before July 1, 1987, for 321
infrastructure purposes, and for bonds subsequently issued to 322
refund such bonds. Any use of the proceeds or interest for 323
purposes of retiring or servic ing indebtedness incurred for 324
refunding bonds before July 1, 1999, is ratified. 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. For the purposes of this paragraph, the term 326
"infrastructure" means: 327
a. Any fixed capital expenditure or fixed capital outlay 328
associated with the construction, reconstru ction, or improvement 329
of public facilities that have a life expectancy of 5 or more 330
years, any related land acquisition, land improvement, design, 331
and engineering costs, and all other professional and related 332
costs required to bring the public facilities i nto service. For 333
purposes of this sub -subparagraph, the term "public facilities" 334
means facilities as defined in s. 163.3164(41) s. 163.3164(39), 335
s. 163.3221(13), or s. 189.012(5), and includes facilities that 336
are necessary to carry out governmental purpose s, including, but 337
not limited to, fire stations, general governmental office 338
buildings, and animal shelters, regardless of whether the 339
facilities are owned by the local taxing authority or another 340
governmental entity. 341
b. A fire department vehicle, an eme rgency medical service 342
vehicle, a sheriff's office vehicle, a police department 343
vehicle, or any other vehicle, and the equipment necessary to 344
outfit the vehicle for its official use or equipment that has a 345
life expectancy of at least 5 years. 346
c. Any expenditure for the construction, lease, or 347
maintenance of, or provision of utilities or security for, 348
facilities, as defined in s. 29.008. 349
d. Any fixed capital expenditure or fixed capital outlay 350
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associated with the improvement of private facilities that ha ve 351
a life expectancy of 5 or more years and that the owner agrees 352
to make available for use on a temporary basis as needed by a 353
local government as a public emergency shelter or a staging area 354
for emergency response equipment during an emergency officially 355
declared by the state or by the local government under s. 356
252.38. Such improvements are limited to those necessary to 357
comply with current standards for public emergency evacuation 358
shelters. The owner must enter into a written contract with the 359
local government providing the improvement funding to make the 360
private facility available to the public for purposes of 361
emergency shelter at no cost to the local government for a 362
minimum of 10 years after completion of the improvement, with 363
the provision that the obl igation will transfer to any 364
subsequent owner until the end of the minimum period. 365
e. Any land acquisition expenditure for a residential 366
housing project in which at least 30 percent of the units are 367
affordable to individuals or families whose total annua l 368
household income does not exceed 120 percent of the area median 369
income adjusted for household size, if the land is owned by a 370
local government or by a special district that enters into a 371
written agreement with the local government to provide such 372
housing. The local government or special district may enter into 373
a ground lease with a public or private person or entity for 374
nominal or other consideration for the construction of the 375
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residential housing project on land acquired pursuant to this 376
sub-subparagraph. 377
f. Instructional technology used solely in a school 378
district's classrooms. As used in this sub -subparagraph, the 379
term "instructional technology" means an interactive device that 380
assists a teacher in instructing a class or a group of students 381
and includes the necessary hardware and software to operate the 382
interactive device. The term also includes support systems in 383
which an interactive device may mount and is not required to be 384
affixed to the facilities. 385
2. For the purposes of this paragraph, the term "energy 386
efficiency improvement" means any energy conservation and 387
efficiency improvement that reduces consumption through 388
conservation or a more efficient use of electricity, natural 389
gas, propane, or other forms of energy on the property, 390
including, but not limited to, air sealing; installation of 391
insulation; installation of energy -efficient heating, cooling, 392
or ventilation systems; installation of solar panels; building 393
modifications to increase the use of daylight or shade; 394
replacement of windows; instal lation of energy controls or 395
energy recovery systems; installation of electric vehicle 396
charging equipment; installation of systems for natural gas fuel 397
as defined in s. 206.9951; and installation of efficient 398
lighting equipment. 399
3. Notwithstanding any ot her provision of this subsection, 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a local government infrastructure surtax imposed or extended 401
after July 1, 1998, may allocate up to 15 percent of the surtax 402
proceeds for deposit into a trust fund within the county's 403
accounts created for the purpose of fu nding economic development 404
projects having a general public purpose of improving local 405
economies, including the funding of operational costs and 406
incentives related to economic development. The ballot statement 407
must indicate the intention to make an allocat ion under the 408
authority of this subparagraph. 409
Section 5. This act shall take effect July 1, 2022. 410