Florida Senate - 2022 SB 1824 By Senator Brodeur 9-01555B-22 20221824__ 1 A bill to be entitled 2 An act relating to mobility funding systems; amending 3 s. 163.3164, F.S.; defining the terms mobility fee 4 and mobility plan; amending s. 163.3180, F.S.; 5 revising requirements and best practices for local 6 governments applying concurrency to transportation 7 facilities; requiring a local government electing to 8 repeal transportation concurrency to adopt a specified 9 alternative mobility funding system; creating s. 10 163.31803, F.S.; specifying prohibited uses of, and 11 requirements and best practices for, mobility plans by 12 local governments; providing requirements for a local 13 government electing to adopt a mobility plan and 14 mobility fee; providing that mobility fee-based 15 funding systems must comply with specified 16 requirements governing impact fees; specifying 17 authorized and prohibited provisions in mobility 18 plans; prohibiting the imposition of transportation 19 impact fees in certain areas; specifying requirements 20 for, and restrictions on, mobility fees, fee updates, 21 and fee increases; specifying requirements for the 22 calculation of mobility fees and person travel demand; 23 requiring that collected mobility fees be expended or 24 committed within a specified timeframe or be returned 25 to the applicant paying the fee; specifying 26 requirements for, and restrictions on, transportation 27 impact mitigation by multiple local governments; 28 providing best practices for certain coordination by 29 local governments; providing a burden of proof; 30 prohibiting a court from using a certain standard for 31 the benefit of a local government; providing 32 construction; amending s. 212.055, F.S.; conforming a 33 cross-reference; providing an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1.Present subsections (32) through (52) of section 38 163.3164, Florida Statutes, are redesignated as subsections (34) 39 through (54), respectively, and new subsections (32) and (33) 40 are added to that section, to read: 41 163.3164Community Planning Act; definitions.As used in 42 this act: 43 (32)Mobility fee means a local governmental fee schedule 44 established by ordinance and based on the projects included in 45 the adopted mobility plan. 46 (33)Mobility plan means an integrated land use and 47 alternative mobility transportation plan adopted into a local 48 governments comprehensive plan which promotes compact, mixed 49 use, and interconnected development served by a multimodal 50 transportation system. 51 Section 2.Paragraphs (b), (c), (f), and (i) of subsection 52 (5) of section 163.3180, Florida Statutes, are amended to read: 53 163.3180Concurrency. 54 (5) 55 (b)A local government shall apply the principles, 56 guidelines, standards, and strategies provided in its 57 comprehensive plan governments shall use professionally accepted 58 studies to evaluate the appropriate levels of service. A local 59 government governments should consider the number and type of 60 facilities that will be necessary to meet level-of-service 61 demands when determining the appropriate levels of service. The 62 schedule of facilities that are necessary to meet the adopted 63 level of service shall be reflected in the capital improvement 64 element. 65 (c)A local government shall apply the principles, 66 guidelines, standards, and strategies provided in its 67 comprehensive plan governments shall use professionally accepted 68 techniques for measuring levels of service when evaluating 69 potential impacts of a proposed development. 70 (f)Local governments are encouraged to develop tools and 71 techniques to complement the application of transportation 72 concurrency such as: 73 1.Adoption of long-term strategies to facilitate 74 development patterns that support multimodal solutions, 75 including urban design, and appropriate land use mixes, 76 including intensity and density. 77 2.Adoption of an areawide level of service not dependent 78 on any single road segment or other facility function. 79 3.Exempting or discounting impacts of locally desired 80 development, such as development in urban areas, redevelopment, 81 job creation, and mixed use on the transportation system. 82 4.Assigning secondary priority to vehicle mobility and 83 primary priority to ensuring a safe, comfortable, and attractive 84 pedestrian environment, with convenient interconnection to 85 transit. 86 5.Establishing multimodal level of service standards that 87 rely primarily on nonvehicular modes of transportation where 88 existing or planned community design will provide adequate level 89 of mobility. 90 6.Reducing impact fees or local access fees to promote 91 development within urban areas, multimodal transportation 92 districts, and a balance of mixed-use development in certain 93 areas or districts, or for affordable or workforce housing. 94 (i)If A local government electing elects to repeal 95 transportation concurrency shall, it is encouraged to adopt an 96 alternative mobility funding system as provided in s. 163.31803 97 that uses one or more of the tools and techniques identified in 98 paragraph (f). Any alternative mobility funding system adopted 99 may not be used to deny, time, or phase an application for site 100 plan approval, plat approval, final subdivision approval, 101 building permits, or the functional equivalent of such approvals 102 provided that the developer agrees to pay for the developments 103 identified transportation impacts via the funding mechanism 104 implemented by the local government. The revenue from the 105 funding mechanism used in the alternative system must be used to 106 implement the needs of the local governments plan which serves 107 as the basis for the fee imposed. A mobility fee-based funding 108 system must comply with s. 163.31801 governing impact fees. An 109 alternative system that is not mobility fee-based shall not be 110 applied in a manner that imposes upon new development any 111 responsibility for funding an existing transportation deficiency 112 as defined in paragraph (h). 113 Section 3.Section 163.31803, Florida Statutes, is created 114 to read: 115 163.31803Mobility plans. 116 (1)This section establishes the uniform framework for the 117 adoption and implementation of a mobility plan as an alternative 118 to transportation concurrency, as provided in s. 163.3180. 119 (a)A mobility plan may not be used to deny, time, or phase 120 an application for site plan approval, plat approval, final 121 subdivision approval, building permits, or the functional 122 equivalent of such approvals, provided that the developer agrees 123 to pay for the developments identified transportation impacts 124 via the mobility fees implemented by the local government in the 125 mobility plan. 126 (b)A mobility plan must comply with the requirements of s. 127 163.3180(5)(h), and a local government adopting a mobility plan 128 is encouraged to apply the criteria in s. 163.3180(5)(f). 129 (c)A local government electing to adopt a mobility plan 130 must adopt the mobility plan and mobility fee into its 131 comprehensive plan. 132 (d)A local government must adopt a mobility plan and 133 mobility fee system by ordinance after conducting at least two 134 public workshops before adoption. 135 (e)The adoption of the mobility fee ordinance must be 136 approved by a two-thirds vote of the governing body of the local 137 government unless the total amount of the new mobility fee is 138 less than the total of all fees available to be imposed by the 139 local government on a single development to mitigate the 140 transportation impact of the new development or redevelopment. 141 (2)A mobility fee-based funding system must comply with 142 this section and s. 163.31801, governing impact fees. 143 (3)A mobility plan may include existing and emerging 144 transportation technologies that reduce dependence on motor 145 vehicle travel capacity. The mobility plan may not be based 146 solely on the addition of motor vehicle capacity; must reflect 147 modes of travel and emerging transportation technologies 148 reducing reliance on motor vehicle capacity which are 149 established in the local governments comprehensive plan; and 150 must identify multimodal projects consisting of improvements, 151 services, and programs which increase capacity needed to meet 152 future travel demands. 153 (4)A transportation impact fee may not be imposed within 154 the area designated for the imposition of a mobility fee by a 155 local government mobility plan. 156 (5)A mobility fee, fee update, or fee increase must be 157 based on the mobility plan, may not rely solely on motor vehicle 158 capacity, and must be used exclusively to implement the mobility 159 plan and for no other purpose. 160 (6)Notwithstanding s. 163.31801(6), if a local government 161 elects to update an existing mobility fee or adopt a new 162 mobility fee that replaces one or more existing transportation 163 mitigation fees after July 1, 2022, it may not increase the fee 164 by more than a total of 50 percent, which increase must be 165 implemented over 5 years in equal increments. 166 (7)A mobility fee must be updated at least once within 5 167 years after the date of the immediately preceding adoption or 168 update. A mobility fee not updated within 5 years as provided in 169 this subsection is expired, void, and of no further force or 170 effect. A local government considering a mobility fee update may 171 not consider annual inflation adjustments or any phased-in fees 172 as the fulfillment of the required update. 173 (8)A local government adopting a mobility plan and 174 mobility fee system for transportation mitigation shall comply 175 with all of the following: 176 (a)Beginning September 1, 2022, a new mobility fee, fee 177 update, or fee increase must be based on a mobility plan. 178 (b)The calculation of mobility fees must be based on all 179 of the following in addition to the requirements of s. 180 163.31801: 181 1.Projected increases in population, employment, and 182 vehicle and person miles of travel. 183 2.Areawide road levels of service or quality of service 184 standards and multimodal quality of service standards for modes 185 of travel included in the mobility plan. 186 3.Multimodal projects identified in the mobility plan 187 which are attributable to, and meet the travel demands of, new 188 development and redevelopment and which include person 189 capacities based on service standards and projected costs. 190 4.An evaluation of current and future travel conditions to 191 ensure that new development and redevelopment are not charged 192 for backlog and associated capacity deficiencies. 193 5.An evaluation of the projected increases in person miles 194 of travel and person miles of capacity to calculate the fair 195 share of multimodal capacity and the costs of multimodal 196 projects which are assignable and attributable to new 197 development and redevelopment. 198 6.Person travel demand corresponding to the transportation 199 impact assigned to uses included in the mobility fee schedule, 200 based on trip generation, new trips, person trips, person trip 201 lengths, excluded travel on limited access facilities, and 202 adjustments for origin and destination. 203 7.The mobility fee may not be based on recurring 204 transportation costs. 205 (c)Person travel demand must be localized, reflecting 206 differences in the need for multimodal projects and travel 207 within urban areas based on reduced trip lengths and the 208 availability of existing transportation infrastructure. 209 (d)A local government may recognize reductions in person 210 travel demand for affordable housing and economic development. 211 (e)Any calculation of person travel demand must ensure 212 that new development and redevelopment are not assessed twice 213 for the same transportation impact. 214 (9)A mobility fee collected for an identified 215 transportation mitigation improvement must be expended or 216 committed for an identified project within 6 years after the 217 date of collection or must be returned to the applicant who paid 218 the fee. For purposes of this subsection, an expenditure or 219 improvement is deemed committed if the preliminary design, 220 right-of-way, or detailed design for the project is completed 221 and construction will commence within 2 years. 222 (10)A local government issuing a building permit for 223 development within its jurisdiction shall develop a mobility 224 fee, based on the adopted mobility plan, to ensure that the 225 transportation impacts of the new development or redevelopment 226 project are fully mitigated. Where multiple local governments 227 are seeking to implement a mobility fee, an impact fee, or 228 another transportation mitigation exaction within the boundaries 229 of a local government, the person travel demand roughly 230 proportional to the transportation impact of new development and 231 redevelopment must initially be based on that assessed by the 232 governmental entity issuing the subject developments building 233 permit. Another local government may not charge new development 234 or redevelopment for the same travel demand, capacity, and 235 improvements assessed by the governmental entity issuing the 236 developments building permits. 237 (11)Local governments are encouraged to coordinate the 238 identification of multimodal projects, along with capacity 239 improvements, full costs, and timing of improvements, included 240 in mobility plans with other affected local governments to 241 address intrajurisdictional and extrajurisdictional impacts. The 242 coordination is encouraged to identify measurable factors 243 addressing the share of person travel demand which each local 244 government should assess; the proportion of costs of multimodal 245 projects to be included in the mobility fee calculations; which 246 entity will construct the multimodal projects; and, if 247 necessary, whether the projected future ownership of the 248 multimodal project and underlying facility should be transferred 249 from the affected local government to the local government 250 adopting the mobility fee. Any mobility fee, impact fee, or 251 other transportation mitigation exaction other than the one 252 assessed by the local government issuing the building permits 253 must include the same benefit reductions in person travel demand 254 for affordable housing, economic development, urban areas, and 255 mixed-use development. 256 (12)A local government adopting a mobility fee, and any 257 other local government assessing a transportation exaction for 258 intrajurisdictional or extrajurisdictional impacts, has the 259 burden of proving by a preponderance of the evidence that the 260 imposition or amount of the fee or exaction meets the 261 requirements of this section. A court may not use a deferential 262 standard for the benefit of the local government. 263 Section 4.Paragraph (d) of subsection (2) of section 264 212.055, Florida Statutes, is amended to read: 265 212.055Discretionary sales surtaxes; legislative intent; 266 authorization and use of proceeds.It is the legislative intent 267 that any authorization for imposition of a discretionary sales 268 surtax shall be published in the Florida Statutes as a 269 subsection of this section, irrespective of the duration of the 270 levy. Each enactment shall specify the types of counties 271 authorized to levy; the rate or rates which may be imposed; the 272 maximum length of time the surtax may be imposed, if any; the 273 procedure which must be followed to secure voter approval, if 274 required; the purpose for which the proceeds may be expended; 275 and such other requirements as the Legislature may provide. 276 Taxable transactions and administrative procedures shall be as 277 provided in s. 212.054. 278 (2)LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. 279 (d)The proceeds of the surtax authorized by this 280 subsection and any accrued interest shall be expended by the 281 school district, within the county and municipalities within the 282 county, or, in the case of a negotiated joint county agreement, 283 within another county, to finance, plan, and construct 284 infrastructure; to acquire any interest in land for public 285 recreation, conservation, or protection of natural resources or 286 to prevent or satisfy private property rights claims resulting 287 from limitations imposed by the designation of an area of 288 critical state concern; to provide loans, grants, or rebates to 289 residential or commercial property owners who make energy 290 efficiency improvements to their residential or commercial 291 property, if a local government ordinance authorizing such use 292 is approved by referendum; or to finance the closure of county 293 owned or municipally owned solid waste landfills that have been 294 closed or are required to be closed by order of the Department 295 of Environmental Protection. Any use of the proceeds or interest 296 for purposes of landfill closure before July 1, 1993, is 297 ratified. The proceeds and any interest may not be used for the 298 operational expenses of infrastructure, except that a county 299 that has a population of fewer than 75,000 and that is required 300 to close a landfill may use the proceeds or interest for long 301 term maintenance costs associated with landfill closure. 302 Counties, as defined in s. 125.011, and charter counties may, in 303 addition, use the proceeds or interest to retire or service 304 indebtedness incurred for bonds issued before July 1, 1987, for 305 infrastructure purposes, and for bonds subsequently issued to 306 refund such bonds. Any use of the proceeds or interest for 307 purposes of retiring or servicing indebtedness incurred for 308 refunding bonds before July 1, 1999, is ratified. 309 1.For the purposes of this paragraph, the term 310 infrastructure means: 311 a.Any fixed capital expenditure or fixed capital outlay 312 associated with the construction, reconstruction, or improvement 313 of public facilities that have a life expectancy of 5 or more 314 years, any related land acquisition, land improvement, design, 315 and engineering costs, and all other professional and related 316 costs required to bring the public facilities into service. For 317 purposes of this sub-subparagraph, the term public facilities 318 means facilities as defined in s. 163.3164(41) s. 163.3164(39), 319 s. 163.3221(13), or s. 189.012(5), and includes facilities that 320 are necessary to carry out governmental purposes, including, but 321 not limited to, fire stations, general governmental office 322 buildings, and animal shelters, regardless of whether the 323 facilities are owned by the local taxing authority or another 324 governmental entity. 325 b.A fire department vehicle, an emergency medical service 326 vehicle, a sheriffs office vehicle, a police department 327 vehicle, or any other vehicle, and the equipment necessary to 328 outfit the vehicle for its official use or equipment that has a 329 life expectancy of at least 5 years. 330 c.Any expenditure for the construction, lease, or 331 maintenance of, or provision of utilities or security for, 332 facilities, as defined in s. 29.008. 333 d.Any fixed capital expenditure or fixed capital outlay 334 associated with the improvement of private facilities that have 335 a life expectancy of 5 or more years and that the owner agrees 336 to make available for use on a temporary basis as needed by a 337 local government as a public emergency shelter or a staging area 338 for emergency response equipment during an emergency officially 339 declared by the state or by the local government under s. 340 252.38. Such improvements are limited to those necessary to 341 comply with current standards for public emergency evacuation 342 shelters. The owner must enter into a written contract with the 343 local government providing the improvement funding to make the 344 private facility available to the public for purposes of 345 emergency shelter at no cost to the local government for a 346 minimum of 10 years after completion of the improvement, with 347 the provision that the obligation will transfer to any 348 subsequent owner until the end of the minimum period. 349 e.Any land acquisition expenditure for a residential 350 housing project in which at least 30 percent of the units are 351 affordable to individuals or families whose total annual 352 household income does not exceed 120 percent of the area median 353 income adjusted for household size, if the land is owned by a 354 local government or by a special district that enters into a 355 written agreement with the local government to provide such 356 housing. The local government or special district may enter into 357 a ground lease with a public or private person or entity for 358 nominal or other consideration for the construction of the 359 residential housing project on land acquired pursuant to this 360 sub-subparagraph. 361 f.Instructional technology used solely in a school 362 districts classrooms. As used in this sub-subparagraph, the 363 term instructional technology means an interactive device that 364 assists a teacher in instructing a class or a group of students 365 and includes the necessary hardware and software to operate the 366 interactive device. The term also includes support systems in 367 which an interactive device may mount and is not required to be 368 affixed to the facilities. 369 2.For the purposes of this paragraph, the term energy 370 efficiency improvement means any energy conservation and 371 efficiency improvement that reduces consumption through 372 conservation or a more efficient use of electricity, natural 373 gas, propane, or other forms of energy on the property, 374 including, but not limited to, air sealing; installation of 375 insulation; installation of energy-efficient heating, cooling, 376 or ventilation systems; installation of solar panels; building 377 modifications to increase the use of daylight or shade; 378 replacement of windows; installation of energy controls or 379 energy recovery systems; installation of electric vehicle 380 charging equipment; installation of systems for natural gas fuel 381 as defined in s. 206.9951; and installation of efficient 382 lighting equipment. 383 3.Notwithstanding any other provision of this subsection, 384 a local government infrastructure surtax imposed or extended 385 after July 1, 1998, may allocate up to 15 percent of the surtax 386 proceeds for deposit into a trust fund within the countys 387 accounts created for the purpose of funding economic development 388 projects having a general public purpose of improving local 389 economies, including the funding of operational costs and 390 incentives related to economic development. The ballot statement 391 must indicate the intention to make an allocation under the 392 authority of this subparagraph. 393 Section 5.This act shall take effect July 1, 2022.