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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; amending s. 163.3180, F.S.; revising 4
requirements related to agreements to pay for or 5
construct certain improvements; authorizing certain 6
local governments to adopt an alternative mobility 7
planning and fee system or an alternative system in 8
certain circumstances; providing requirements for the 9
application of an adopted alternative system; 10
prohibiting an alternative system from imposing 11
responsibility for funding an existing transportation 12
deficiency upon new development; amending s. 13
163.31801, F.S.; revising requirements for the 14
calculation of impact fees by certain local 15
governments and special districts; revising 16
requirements for local governments, s chool districts, 17
and special districts to impose impact fees in certain 18
instances; creating s. 163.31803, F.S.; providing 19
requirements for mobility fee -based funding systems; 20
prohibiting certain transportation impact fees and 21
fees that are not mobility -based fees; prohibiting 22
mobility fees, fee updates, or fee increases from 23
relying solely on motor vehicle capacity; requiring 24
certain mobility fees to be updated within a specified 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
timeframe; specifying parameters that must or may be 26
included in a mobility fe e; specifying criteria to be 27
used by a local government in adopting a mobility plan 28
and mobility fee for transportation mitigation 29
improvements; requiring mobility fees to be expended 30
or committed within a specified time period; providing 31
criteria for use by local governments issuing building 32
permits related to mobility fees; encouraging local 33
governments to coordinate certain activities included 34
in mobility plans with other affected local 35
governments for certain purposes; specifying that 36
local governments have the burden of proving that the 37
imposition or amount of a fee or exaction meets 38
certain criteria; prohibiting the courts from using a 39
deferential standard for a specified purpose; 40
providing for mobility fee credits in any mode that 41
creates equivalent c apacity which is designated in a 42
local government capital improvements list; providing 43
that the holder of transportation or road impact fee 44
credits is granted specified benefits; providing for 45
full mitigation of a development's transportation 46
impacts in certain instances; amending s. 212.055, 47
F.S.; conforming a cross -reference; providing an 48
effective date. 49
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
Be It Enacted by the Legislature of the State of Florida: 51
52
Section 1. Subsections (32) through (52) of section 53
163.3164, Florida Statutes, are r enumbered as subsections (34) 54
through (54), respectively, and new subsections (32) and (33) 55
are added to that section, to read: 56
163.3164 Community Planning Act; definitions. —As used in 57
this act: 58
(32) "Mobility fee" means a local government fee schedule 59
established by ordinance and based on the projects included in 60
the local government's adopted mobility plan. 61
(33) "Mobility plan" means an integrated land use and 62
alternative mobility transportation plan adopted into a local 63
government comprehensive pla n that promotes a compact, mixed -64
use, and interconnected development served by a multimodal 65
transportation system in an area that is urban in character as 66
defined in s. 171.031. 67
Section 2. Paragraphs (h) and (i) of subsection (5) of 68
section 163.3180, Florida Statutes, are amended to read: 69
163.3180 Concurrency. — 70
(5) 71
(h)1. Local governments that continue to implement a 72
transportation concurrency system, whether in the form adopted 73
into the comprehensive plan before the effective date of the 74
Community Planning Act, chapter 2011 -139, Laws of Florida, or as 75
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subsequently modified, must: 76
a. Consult with the Department of Transportation when 77
proposed plan amendments affect facilities on the strategic 78
intermodal system. 79
b. Exempt public transit facilitie s from concurrency. For 80
the purposes of this sub -subparagraph, public transit facilities 81
include transit stations and terminals; transit station parking; 82
park-and-ride lots; intermodal public transit connection or 83
transfer facilities; fixed bus, guideway, and rail stations; and 84
airport passenger terminals and concourses, air cargo 85
facilities, and hangars for the assembly, manufacture, 86
maintenance, or storage of aircraft. As used in this sub -87
subparagraph, the terms "terminals" and "transit facilities" do 88
not include seaports or commercial or residential development 89
constructed in conjunction with a public transit facility. 90
c. Allow an applicant for a development -of-regional-impact 91
development order, development agreement, rezoning, or other 92
land use development permit to satisfy the transportation 93
concurrency requirements of the local comprehensive plan, the 94
local government's concurrency management system, and s. 380.06, 95
when applicable, if: 96
(I) The applicant in good faith offers to enter into a 97
binding agreement to pay for or construct its proportionate 98
share of required improvements in a manner consistent with this 99
subsection. The agreement must provide that after an applicant 100
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makes its contribution or constructs its proportionate share 101
pursuant to this sub-sub-subparagraph, the project shall be 102
considered to have mitigated its transportation impacts and be 103
allowed to proceed. 104
(II) The proportionate -share contribution or construction 105
is sufficient to accomplish one or more mobility improvements 106
that will benefit a regionally significant transportation 107
facility. A local government may accept contributions from 108
multiple applicants for a planned improvement if it maintains 109
contributions in a separate account designated for that purpose. 110
A local government m ay not prevent a single applicant from 111
proceeding after the applicant has satisfied its proportionate -112
share contribution. 113
d. Provide the basis upon which the landowners will be 114
assessed a proportionate share of the cost addressing the 115
transportation impacts resulting from a proposed development. 116
2. An applicant shall not be held responsible for the 117
additional cost of reducing or eliminating deficiencies. When an 118
applicant contributes or constructs its proportionate share 119
pursuant to this paragraph, a local government may not require 120
payment or construction of transportation facilities whose costs 121
would be greater than a development's proportionate share of the 122
improvements necessary to mitigate the development's impacts. 123
a. The proportionate -share contribution shall be 124
calculated based upon the number of trips from the proposed 125
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development expected to reach roadways during the peak hour from 126
the stage or phase being approved, divided by the change in the 127
peak hour maximum service volume of roadways resulting from 128
construction of an improvement necessary to maintain or achieve 129
the adopted level of service, multiplied by the construction 130
cost, at the time of development payment, of the improvement 131
necessary to maintain or achieve the adopted level of s ervice. 132
b. In using the proportionate -share formula provided in 133
this subparagraph, the applicant, in its traffic analysis, shall 134
identify those roads or facilities that have a transportation 135
deficiency in accordance with the transportation deficiency as 136
defined in subparagraph 4. The proportionate -share formula 137
provided in this subparagraph shall be applied only to those 138
facilities that are determined to be significantly impacted by 139
the project traffic under review. If any road is determined to 140
be transportation deficient without the project traffic under 141
review, the costs of correcting that deficiency shall be removed 142
from the project's proportionate -share calculation and the 143
necessary transportation improvements to correct that deficiency 144
shall be considered to be in place for purposes of the 145
proportionate-share calculation. The improvement necessary to 146
correct the transportation deficiency is the funding 147
responsibility of the entity that has maintenance responsibility 148
for the facility. The development's proportionate share shall be 149
calculated only for the needed transportation improvements that 150
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are greater than the identified deficiency. 151
c. When the provisions of subparagraph 1. and this 152
subparagraph have been satisfied for a particular stage or phase 153
of development, all transportation impacts from that stage or 154
phase for which mitigation was required and provided shall be 155
deemed fully mitigated in any transportation analysis for a 156
subsequent stage or phase of development. Trips from a previous 157
stage or phase that did not result in impacts for which 158
mitigation was required or provided may be cumulatively analyzed 159
with trips from a subsequent stage or phase to determine whether 160
an impact requires mitigation for the subsequent stage or phase. 161
d. In projecting the number of trips to be generated by 162
the development under review, any trips assigned to a toll -163
financed facility shall be eliminated from the analysis. 164
e. The applicant shall receive a credit on a dollar -for-165
dollar basis for impact fees, mobility fees, and other 166
transportation concurrency mitigation requirements paid or 167
payable in the future for the project. The credit shall be 168
reduced up to 20 percent by the percentage share that the 169
project's traffic represents of the added capacity of the 170
selected improvement, or by the amount specified by local 171
ordinance, whichever yields the greater credit. 172
3. This subsection does not require a local government to 173
approve a development that, for reasons other than 174
transportation impacts, is not qualified for approval pursuant 175
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to the applicable local comprehensive plan and land development 176
regulations. 177
4. As used in this subsection, the term "transportation 178
deficiency" means a facility or facilities on which the adopted 179
level-of-service standard is exceeded by the existing, 180
committed, and vested trips, plus additional projected 181
background trips from any source other than the development 182
project under review, and trips that are forecast by established 183
traffic standards, including traffic modeling, consistent w ith 184
the University of Florida's Bureau of Economic and Business 185
Research medium population projections. Additional projected 186
background trips are to be coincident with the particular stage 187
or phase of development under review. 188
(i) If a local government e lects to repeal transportation 189
concurrency, the local government may it is encouraged to adopt 190
an alternative mobility planning and fee funding system, as 191
provided in s. 163.31803, or an alternative system that is not 192
mobility plan and fee based. The local government that uses one 193
or more of the tools and techniques identified in paragraph (f). 194
Any alternative mobility funding system adopted may not use the 195
alternative system be used to deny, time, or phase an 196
application for site plan approval, plat approv al, final 197
subdivision approval, building permits, or the functional 198
equivalent of such approvals provided that the developer agrees 199
to pay for the development's identified transportation impacts 200
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via the funding mechanism implemented by the local government . 201
The revenue from the funding mechanism used in the alternative 202
system must be used to implement the needs of the local 203
government's plan which serves as the basis for the fee imposed. 204
The alternative system A mobility fee-based funding system must 205
comply with s. 163.31801 governing impact fees. An alternative 206
system may not impose that is not mobility fee -based shall not 207
be applied in a manner that imposes upon new development any 208
responsibility for funding an existing transportation deficiency 209
as defined in paragraph (h). 210
Section 3. Paragraph (h) of subsection (6) of section 211
163.31801, Florida Statutes, is redesignated as paragraph (g), 212
and paragraph (a) of subsection (4), paragraph (a) of subsection 213
(5), and paragraph (g) of subsection (6) of that se ction are 214
amended, to read: 215
163.31801 Impact fees; short title; intent; minimum 216
requirements; audits; challenges. — 217
(4) At a minimum, each local government that adopts and 218
collects an impact fee by ordinance and each special district 219
that adopts, collects, and administers an impact fee by 220
resolution must: 221
(a) Ensure that the calculation of the impact fee is based 222
on the most recent and localized data available within the 223
previous 12 months before adoption . 224
(5)(a) Notwithstanding any charter provision , 225
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comprehensive plan policy, ordinance, development order, 226
development permit, or resolution, the local government or 227
special district that requires any improvement or contribution 228
must credit against the collection of the impact fee any 229
contribution, whether identified in a development order, 230
proportionate share agreement , or any other form of exaction, 231
related to public facilities or infrastructure, including 232
monetary contributions, land dedication, site planning and 233
design, or construction. Any contribut ion must be applied on a 234
dollar-for-dollar basis at fair market value to reduce any 235
impact fee collected for the general category or class of public 236
facilities or infrastructure for which the contribution was 237
made. 238
(6) A local government, school district , or special 239
district may increase an impact fee only as provided in this 240
subsection. 241
(g) A local government, school district, or special 242
district may increase an impact fee rate beyond the phase -in 243
limitations established under paragraph (b), paragraph (c), 244
paragraph (d), or paragraph (e) by establishing extraordinary 245
impacts showing the need for such increase in full compliance 246
with the requirements of subsection (4), provided the following 247
criteria are met: 248
1. For the purposes of this paragraph, "ext raordinary 249
impacts" means effects of development that will require 250
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mitigation by the affected local government, school district, or 251
special district that will exceed the total of the current 252
impact fee amount, together with an increase as provided in 253
paragraphs (c), (d), and (e) in less than 4 years. 254
2.1. A demonstrated-need study justifying any increase in 255
excess of those authorized in paragraph (b), paragraph (c), 256
paragraph (d), or paragraph (e) has been completed within the 12 257
months before the adoptio n of the impact fee increase and 258
expressly demonstrates the extraordinary impacts circumstances 259
necessitating the need to exceed the phase -in limitations. The 260
demonstrated-need study must show projected growth within the 261
jurisdiction in population and in d emand for the specific 262
services funded by the impact fee will exceed the projected 263
rates of growth for the state in population and in demand for 264
those specific services. 265
3.2. The local government jurisdiction has held not less 266
than two publicly noticed w orkshops and two properly noticed 267
public meetings dedicated solely to the extraordinary impacts 268
circumstances necessitating the need to exceed the phase -in 269
limitations set forth in paragraph (b), paragraph (c), paragraph 270
(d), or paragraph (e). 271
4.3. The impact fee increase ordinance is approved by at 272
least a two-thirds vote of the governing body. 273
5. In any administrative or judicial proceeding 274
challenging an impact fee increase adopted under this paragraph, 275
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the local government, school district, o r special district has 276
the burden of proving all elements relied upon in the 277
demonstrated-need study by clear and convincing evidence. 278
Section 4. Section 163.31803, Florida Statutes, is created 279
to read: 280
163.31803 Mobility plans. — 281
(1) This section establishes the method for the adoption 282
and implementation of a mobility plan as an alternative to 283
transportation concurrency under s. 163.3180(5). 284
(2) A mobility fee-based funding system must comply with 285
this section and s. 163.31801 governing impact fee s. 286
(3) A mobility plan: 287
(a) May include existing and emerging transportation 288
technologies that reduce dependence on motor vehicle travel 289
capacity. 290
(b) May not be based solely on adding motor vehicle 291
capacity. 292
(c) Must reflect modes of travel and emerging 293
transportation technologies reducing reliance on motor vehicle 294
capacity established in the local government's comprehensive 295
plan. 296
(d) Must identify multimodal projects consisting of 297
improvements, services, and programs which increase capacity 298
needed to meet future travel demands. 299
(4) A transportation impact fee or fee that is not a 300
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mobility-based fee may not be imposed within the area designated 301
for the imposition of a mobility fee by a local government 302
mobility plan. 303
(5) A mobility fee, fee update, or fee increase must be 304
based on the mobility plan, may not rely solely on motor vehicle 305
capacity, and must be used exclusively to implement the mobility 306
plan. 307
(6) A mobility fee must be updated at least once within 5 308
years after the date the fee is adopted or after it is updated. 309
A mobility fee that is not updated as provided in this 310
subsection is void. A local government considering a mobility 311
fee update may not consider annual inflation adjustments or any 312
phased-in fees to meet the requirements of this subsection. 313
(7) A local government adopting a mobility plan and 314
mobility fee system for transportation mitigation must comply 315
with all of the following: 316
(a) Beginning September 1, 2023, a new mobility fee, fee 317
update, or fee increase must be b ased on an adopted mobility 318
plan. 319
(b) In addition to meeting the requirements of s. 320
163.31801, mobility fees must be calculated using all of the 321
following criteria: 322
1. Projected increases in population, employment, and 323
motor vehicle travel demand and p er person travel demand. 324
2. Areawide road levels of service or quality of service 325
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standards and multimodal quality of service standards for modes 326
of travel included in the mobility plan. 327
3. Multimodal projects identified in the mobility plan 328
which are attributable to, and meet the travel demands of, new 329
development and redevelopment and which include capacities based 330
on service standards and projected costs. 331
4. An evaluation of current and future travel conditions 332
to ensure that new development and re development are not charged 333
for backlog and associated capacity deficiencies. 334
5. An evaluation of the projected increases in per person 335
travel demand and system capacity to calculate the fair share of 336
multimodal capacity and the costs of multimodal proje cts which 337
are assignable and attributable to new development and 338
redevelopment. 339
6. Per person travel demand corresponding to the 340
transportation impact assigned to uses included in the mobility 341
fee schedule based on trip generation, new trips, per person 342
travel demand, per person trip lengths, excluded travel on 343
limited access facilities, and adjustments for origin and 344
destination of travel. 345
7. The mobility fee may not be based on recurring 346
transportation costs. 347
8. The mobility fee must fully mitigate the subject 348
development or redevelopment's full transportation impacts. 349
(c) Per person travel demand data must be localized, 350
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reflecting differences in the need for multimodal projects and 351
travel within urban areas based on reduced trip lengths and the 352
availability of existing transportation infrastructure. 353
(d) A local government may recognize reductions in per 354
person travel demand for affordable housing and economic 355
development projects. 356
(e) Any calculation of per person travel demand must 357
ensure that new development and redevelopment are not assessed 358
twice for the same transportation impact. 359
(8) A mobility fee that is collected for a specific 360
transportation mitigation improvement must be expended or 361
committed for an identified project within 6 yea rs after the 362
date of collection or must be returned to the applicant who paid 363
the fee. For purposes of this subsection, an expenditure is 364
deemed committed if the preliminary design, right -of-way, or 365
detailed design for the project is completed and construc tion 366
will commence within 2 years. 367
(9) A local government issuing a building permit for 368
development within its jurisdiction shall develop a mobility fee 369
based on the adopted mobility plan to ensure that the 370
transportation impacts of the new development o r redevelopment 371
project are fully mitigated. Another local government may not 372
charge new development or redevelopment for the same travel 373
demand, capacity, and improvements assessed by the governmental 374
entity that issued the building permit. 375
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(10) Local governments are encouraged to coordinate with 376
other affected local governments to identify multimodal 377
projects, capacity improvements, full costs, and timing of 378
improvements in mobility plans to address intrajurisdictional 379
and extrajurisdictional impacts. T he coordination is encouraged 380
to identify measurable factors addressing all of the following: 381
(a) The share of per person travel demand which each local 382
government should assess. 383
(b) The proportion of costs of multimodal projects to be 384
included in the mobility fee calculations. 385
(c) Which entity will construct the multimodal projects . 386
(d) If necessary, whether the projected future ownership 387
of the multimodal project and underlying facility should be 388
transferred from the affected local government to t he local 389
government adopting the mobility fee. 390
Any mobility fee, impact fee, or other transportation mitigation 391
exaction other than the one assessed by the local government 392
issuing the building permits must include the same benefit 393
reductions in per person travel demand for affordable housing, 394
economic development, urban areas, and mixed -use development. 395
(11) A local government adopting a mobility fee system and 396
a local government assessing a transportation exaction for 397
intrajurisdictional and extrajurisd ictional impacts has the 398
burden of proving by a preponderance of the evidence that the 399
imposition or amount of the fee or exaction meets the 400
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requirements of this section. A court may not use a deferential 401
standard for the benefit of the local government. 402
(12) Mobility fee credits must comply with s. 163.31801 in 403
any mode that creates equivalent capacity which is designated in 404
a local government capital improvements list. 405
(13) The holder of any transportation or road impact fee 406
credits granted under s. 163.3180, s. 380.06, or other 407
provision, which were in existence before the adoption of the 408
mobility fee-based funding system, is entitled to the full 409
benefit of the intensity and density prepaid by the credit 410
balance as of the date it was first establishe d. 411
(14) Payment by a development of the authorizing local 412
government's adopted mobility fee is deemed to fully mitigate 413
the development's full transportation impacts. 414
Section 5. Paragraph (d) of subsection (2) of section 415
212.055, Florida Statutes, is amended to read: 416
212.055 Discretionary sales surtaxes; legislative intent; 417
authorization and use of proceeds. —It is the legislative intent 418
that any authorization for imposition of a discretionary sales 419
surtax shall be published in the Florida Statutes a s a 420
subsection of this section, irrespective of the duration of the 421
levy. Each enactment shall specify the types of counties 422
authorized to levy; the rate or rates which may be imposed; the 423
maximum length of time the surtax may be imposed, if any; the 424
procedure which must be followed to secure voter approval, if 425
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required; the purpose for which the proceeds may be expended; 426
and such other requirements as the Legislature may provide. 427
Taxable transactions and administrative procedures shall be as 428
provided in s. 212.054. 429
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. — 430
(d) The proceeds of the surtax authorized by this 431
subsection and any accrued interest shall be expended by the 432
school district, within the county and municipalities within the 433
county, or, in the ca se of a negotiated joint county agreement, 434
within another county, to finance, plan, and construct 435
infrastructure; to acquire any interest in land for public 436
recreation, conservation, or protection of natural resources or 437
to prevent or satisfy private prope rty rights claims resulting 438
from limitations imposed by the designation of an area of 439
critical state concern; to provide loans, grants, or rebates to 440
residential or commercial property owners who make energy 441
efficiency improvements to their residential or commercial 442
property, if a local government ordinance authorizing such use 443
is approved by referendum; or to finance the closure of county -444
owned or municipally owned solid waste landfills that have been 445
closed or are required to be closed by order of the Dep artment 446
of Environmental Protection. Any use of the proceeds or interest 447
for purposes of landfill closure before July 1, 1993, is 448
ratified. The proceeds and any interest may not be used for the 449
operational expenses of infrastructure, except that a county 450
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that has a population of fewer than 75,000 and that is required 451
to close a landfill may use the proceeds or interest for long -452
term maintenance costs associated with landfill closure. 453
Counties, as defined in s. 125.011, and charter counties may, in 454
addition, use the proceeds or interest to retire or service 455
indebtedness incurred for bonds issued before July 1, 1987, for 456
infrastructure purposes, and for bonds subsequently issued to 457
refund such bonds. Any use of the proceeds or interest for 458
purposes of retiring or servicing indebtedness incurred for 459
refunding bonds before July 1, 1999, is ratified. 460
1. For the purposes of this paragraph, the term 461
"infrastructure" means: 462
a. Any fixed capital expenditure or fixed capital outlay 463
associated with the construction, reconstruction, or improvement 464
of public facilities that have a life expectancy of 5 or more 465
years, any related land acquisition, land improvement, design, 466
and engineering costs, and all other professional and related 467
costs required to bring the public fa cilities into service. For 468
purposes of this sub -subparagraph, the term "public facilities" 469
means facilities as defined in s. 163.3164(41) s. 163.3164(39), 470
s. 163.3221(13), or s. 189.012(5), and includes facilities that 471
are necessary to carry out governmental purposes, including, but 472
not limited to, fire stations, general governmental office 473
buildings, and animal shelters, regardless of whether the 474
facilities are owned by the local taxing authority or another 475
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governmental entity. 476
b. A fire department vehicle, an emergency medical service 477
vehicle, a sheriff's office vehicle, a police department 478
vehicle, or any other vehicle, and the equipment necessary to 479
outfit the vehicle for its official use or equipment that has a 480
life expectancy of at least 5 years. 481
c. Any expenditure for the construction, lease, or 482
maintenance of, or provision of utilities or security for, 483
facilities, as defined in s. 29.008. 484
d. Any fixed capital expenditure or fixed capital outlay 485
associated with the improvement of private facilities that have 486
a life expectancy of 5 or more years and that the owner agrees 487
to make available for use on a temporary basis as needed by a 488
local government as a public emergency shelter or a staging area 489
for emergency response equipment during an emergency officially 490
declared by the state or by the local government under s. 491
252.38. Such improvements are limited to those necessary to 492
comply with current stan dards for public emergency evacuation 493
shelters. The owner must enter into a written contract with the 494
local government providing the improvement funding to make the 495
private facility available to the public for purposes of 496
emergency shelter at no cost to th e local government for a 497
minimum of 10 years after completion of the improvement, with 498
the provision that the obligation will transfer to any 499
subsequent owner until the end of the minimum period. 500
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e. Any land acquisition expenditure for a residential 501
housing project in which at least 30 percent of the units are 502
affordable to individuals or families whose total annual 503
household income does not exceed 120 percent of the area median 504
income adjusted for household size, if the land is owned by a 505
local government or by a special district that enters into a 506
written agreement with the local government to provide such 507
housing. The local government or special district may enter into 508
a ground lease with a public or private person or entity for 509
nominal or other conside ration for the construction of the 510
residential housing project on land acquired pursuant to this 511
sub-subparagraph. 512
f. Instructional technology used solely in a school 513
district's classrooms. As used in this sub -subparagraph, the 514
term "instructional techno logy" means an interactive device that 515
assists a teacher in instructing a class or a group of students 516
and includes the necessary hardware and software to operate the 517
interactive device. The term also includes support systems in 518
which an interactive device may mount and is not required to be 519
affixed to the facilities. 520
2. For the purposes of this paragraph, the term "energy 521
efficiency improvement" means any energy conservation and 522
efficiency improvement that reduces consumption through 523
conservation or a mo re efficient use of electricity, natural 524
gas, propane, or other forms of energy on the property, 525
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including, but not limited to, air sealing; installation of 526
insulation; installation of energy -efficient heating, cooling, 527
or ventilation systems; installation of solar panels; building 528
modifications to increase the use of daylight or shade; 529
replacement of windows; installation of energy controls or 530
energy recovery systems; installation of electric vehicle 531
charging equipment; installation of systems for natural gas fuel 532
as defined in s. 206.9951; and installation of efficient 533
lighting equipment. 534
3. Notwithstanding any other provision of this subsection, 535
a local government infrastructure surtax imposed or extended 536
after July 1, 1998, may allocate up to 15 percen t of the surtax 537
proceeds for deposit into a trust fund within the county's 538
accounts created for the purpose of funding economic development 539
projects having a general public purpose of improving local 540
economies, including the funding of operational costs an d 541
incentives related to economic development. The ballot statement 542
must indicate the intention to make an allocation under the 543
authority of this subparagraph. 544
Section 6. This act shall take effect July 1, 2023. 545