FL
Florida House Bill H0235

Florida 2023 Regular Session

Florida House Bill H0235 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to alternative mobility funding 2
1616 systems; amending s. 163.3164, F.S.; providing 3
1717 definitions; amending s. 163.3180, F.S.; revising 4
18-requirements relating to agreements to pay for or 5
18+requirements related to agreements to pay for or 5
1919 construct certain improvements; authorizing certain 6
2020 local governments to adopt an alternative mobility 7
2121 planning and fee system or an alternative system in 8
2222 certain circumstances; providing requirements for the 9
2323 application of an adopted alternative system; 10
2424 prohibiting an alternative system from imposing 11
2525 responsibility for funding an existing transportation 12
26-deficiency upon new development; prohibiting local 13
27-governments that do not issue building permits from 14
28-charging for transportation impacts; requiring local 15
29-governments that issue building permits to collect for 16
30-extrajurisdictional impacts; prohibiting local 17
31-governments from assessing multiple charges for the 18
32-same transportation impact; amending s. 163.31801, 19
33-F.S.; revising requirements for the calculation of 20
34-impact fees by certain local governments and special 21
35-districts; requiring local governments transitioning 22
36-to alternative funding systems to provide holders of 23
37-impact fee credits with full benefit of intensity and 24
38-density of prepaid credit balances as of a specified 25
26+deficiency upon new development; amending s. 13
27+163.31801, F.S.; revising requirements for the 14
28+calculation of impact fees by certain local 15
29+governments and special districts; revising 16
30+requirements for local governments, s chool districts, 17
31+and special districts to impose impact fees in certain 18
32+instances; creating s. 163.31803, F.S.; providing 19
33+requirements for mobility fee -based funding systems; 20
34+prohibiting certain transportation impact fees and 21
35+fees that are not mobility -based fees; prohibiting 22
36+mobility fees, fee updates, or fee increases from 23
37+relying solely on motor vehicle capacity; requiring 24
38+certain mobility fees to be updated within a specified 25
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4747 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
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51-date; amending s. 212.055, F.S.; conforming a cros s-26
52-reference; providing an effective date. 27
53- 28
54-Be It Enacted by the Legislature of the State of Florida: 29
55- 30
56- Section 1. Subsections (32) through (52) of section 31
57-163.3164, Florida Statutes, are renumbered as subsections (34) 32
58-through (54), respectively, and new subsections (32) and (33) 33
59-are added to that section, to read: 34
60- 163.3164 Community Planning Act; definitions. —As used in 35
61-this act: 36
62- (32) "Mobility fee" means a local government fee schedule 37
63-established by ordinance and based on the projects included in 38
64-the local government's adopted mobility plan. 39
65- (33) "Mobility plan" means an integrated land use and 40
66-alternative mobility transportation plan adopted into a local 41
67-government comprehensive plan that promotes a compact, mixed -42
68-use, and interconnected deve lopment served by a multimodal 43
69-transportation system in an area that is urban in character as 44
70-defined in s. 171.031. 45
71- Section 2. Paragraphs (h) and (i) of subsection (5) of 46
72-section 163.3180, Florida Statutes, are amended, and paragraph 47
73-(j) is added to that subsection, to read: 48
74- 163.3180 Concurrency. — 49
75- (5) 50
51+timeframe; specifying parameters that must or may be 26
52+included in a mobility fe e; specifying criteria to be 27
53+used by a local government in adopting a mobility plan 28
54+and mobility fee for transportation mitigation 29
55+improvements; requiring mobility fees to be expended 30
56+or committed within a specified time period; providing 31
57+criteria for use by local governments issuing building 32
58+permits related to mobility fees; encouraging local 33
59+governments to coordinate certain activities included 34
60+in mobility plans with other affected local 35
61+governments for certain purposes; specifying that 36
62+local governments have the burden of proving that the 37
63+imposition or amount of a fee or exaction meets 38
64+certain criteria; prohibiting the courts from using a 39
65+deferential standard for a specified purpose; 40
66+providing for mobility fee credits in any mode that 41
67+creates equivalent c apacity which is designated in a 42
68+local government capital improvements list; providing 43
69+that the holder of transportation or road impact fee 44
70+credits is granted specified benefits; providing for 45
71+full mitigation of a development's transportation 46
72+impacts in certain instances; amending s. 212.055, 47
73+F.S.; conforming a cross -reference; providing an 48
74+effective date. 49
75+ 50
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8484 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
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88- (h)1. Local governments that continue to implement a 51
89-transportation concurrency system, whether in the form adopted 52
90-into the comprehensive plan before the effective date of the 53
91-Community Planning Act , chapter 2011-139, Laws of Florida, or as 54
92-subsequently modified, must: 55
93- a. Consult with the Department of Transportation when 56
94-proposed plan amendments affect facilities on the strategic 57
95-intermodal system. 58
96- b. Exempt public transit facilities from concur rency. For 59
97-the purposes of this sub -subparagraph, public transit facilities 60
98-include transit stations and terminals; transit station parking; 61
99-park-and-ride lots; intermodal public transit connection or 62
100-transfer facilities; fixed bus, guideway, and rail stat ions; and 63
101-airport passenger terminals and concourses, air cargo 64
102-facilities, and hangars for the assembly, manufacture, 65
103-maintenance, or storage of aircraft. As used in this sub -66
104-subparagraph, the terms "terminals" and "transit facilities" do 67
105-not include seaports or commercial or residential development 68
106-constructed in conjunction with a public transit facility. 69
107- c. Allow an applicant for a development -of-regional-impact 70
108-development order, development agreement, rezoning, or other 71
109-land use development permit t o satisfy the transportation 72
110-concurrency requirements of the local comprehensive plan, the 73
111-local government's concurrency management system, and s. 380.06, 74
112-when applicable, if: 75
88+Be It Enacted by the Legislature of the State of Florida: 51
89+ 52
90+ Section 1. Subsections (32) through (52) of section 53
91+163.3164, Florida Statutes, are r enumbered as subsections (34) 54
92+through (54), respectively, and new subsections (32) and (33) 55
93+are added to that section, to read: 56
94+ 163.3164 Community Planning Act; definitions. —As used in 57
95+this act: 58
96+ (32) "Mobility fee" means a local government fee schedule 59
97+established by ordinance and based on the projects included in 60
98+the local government's adopted mobility plan. 61
99+ (33) "Mobility plan" means an integrated land use and 62
100+alternative mobility transportation plan adopted into a local 63
101+government comprehensive pla n that promotes a compact, mixed -64
102+use, and interconnected development served by a multimodal 65
103+transportation system in an area that is urban in character as 66
104+defined in s. 171.031. 67
105+ Section 2. Paragraphs (h) and (i) of subsection (5) of 68
106+section 163.3180, Florida Statutes, are amended to read: 69
107+ 163.3180 Concurrency. — 70
108+ (5) 71
109+ (h)1. Local governments that continue to implement a 72
110+transportation concurrency system, whether in the form adopted 73
111+into the comprehensive plan before the effective date of the 74
112+Community Planning Act, chapter 2011 -139, Laws of Florida, or as 75
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121121 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
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125- (I) The applicant in good faith offers to enter into a 76
126-binding agreement to p ay for or construct its proportionate 77
127-share of required improvements in a manner consistent with this 78
128-subsection. The agreement must provide that after an applicant 79
129-makes its contribution or constructs its proportionate share 80
130-pursuant to this sub -sub-subparagraph, the project shall be 81
131-considered to have mitigated its transportation impacts and be 82
132-allowed to proceed. 83
133- (II) The proportionate -share contribution or construction 84
134-is sufficient to accomplish one or more mobility improvements 85
135-that will benefit a regionally significant transportation 86
136-facility. A local government may accept contributions from 87
137-multiple applicants for a planned improvement if it maintains 88
138-contributions in a separate account designated for that purpose. 89
139-A local government may not prevent a single applicant from 90
140-proceeding after the applicant has satisfied its proportionate -91
141-share contribution. 92
142- d. Provide the basis upon which the landowners will be 93
143-assessed a proportionate share of the cost addressing the 94
144-transportation impacts resulting from a proposed development. 95
145- 2. An applicant shall not be held responsible for the 96
146-additional cost of reducing or eliminating deficiencies. When an 97
147-applicant contributes or constructs its proportionate share 98
148-pursuant to this paragraph, a local government may not require 99
149-payment or construction of transportation facilities whose costs 100
125+subsequently modified, must: 76
126+ a. Consult with the Department of Transportation when 77
127+proposed plan amendments affect facilities on the strategic 78
128+intermodal system. 79
129+ b. Exempt public transit facilitie s from concurrency. For 80
130+the purposes of this sub -subparagraph, public transit facilities 81
131+include transit stations and terminals; transit station parking; 82
132+park-and-ride lots; intermodal public transit connection or 83
133+transfer facilities; fixed bus, guideway, and rail stations; and 84
134+airport passenger terminals and concourses, air cargo 85
135+facilities, and hangars for the assembly, manufacture, 86
136+maintenance, or storage of aircraft. As used in this sub -87
137+subparagraph, the terms "terminals" and "transit facilities" do 88
138+not include seaports or commercial or residential development 89
139+constructed in conjunction with a public transit facility. 90
140+ c. Allow an applicant for a development -of-regional-impact 91
141+development order, development agreement, rezoning, or other 92
142+land use development permit to satisfy the transportation 93
143+concurrency requirements of the local comprehensive plan, the 94
144+local government's concurrency management system, and s. 380.06, 95
145+when applicable, if: 96
146+ (I) The applicant in good faith offers to enter into a 97
147+binding agreement to pay for or construct its proportionate 98
148+share of required improvements in a manner consistent with this 99
149+subsection. The agreement must provide that after an applicant 100
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158158 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
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162-would be greater than a develop ment's proportionate share of the 101
163-improvements necessary to mitigate the development's impacts. 102
164- a. The proportionate -share contribution shall be 103
165-calculated based upon the number of trips from the proposed 104
166-development expected to reach roadways during the peak hour from 105
167-the stage or phase being approved, divided by the change in the 106
168-peak hour maximum service volume of roadways resulting from 107
169-construction of an improvement necessary to maintain or achieve 108
170-the adopted level of service, multiplied by the cons truction 109
171-cost, at the time of development payment, of the improvement 110
172-necessary to maintain or achieve the adopted level of service. 111
173- b. In using the proportionate -share formula provided in 112
174-this subparagraph, the applicant, in its traffic analysis, shall 113
175-identify those roads or facilities that have a transportation 114
176-deficiency in accordance with the transportation deficiency as 115
177-defined in subparagraph 4. The proportionate -share formula 116
178-provided in this subparagraph shall be applied only to those 117
179-facilities that are determined to be significantly impacted by 118
180-the project traffic under review. If any road is determined to 119
181-be transportation deficient without the project traffic under 120
182-review, the costs of correcting that deficiency shall be removed 121
183-from the project's proportionate-share calculation and the 122
184-necessary transportation improvements to correct that deficiency 123
185-shall be considered to be in place for purposes of the 124
186-proportionate-share calculation. The improvement necessary to 125
162+makes its contribution or constructs its proportionate share 101
163+pursuant to this sub-sub-subparagraph, the project shall be 102
164+considered to have mitigated its transportation impacts and be 103
165+allowed to proceed. 104
166+ (II) The proportionate -share contribution or construction 105
167+is sufficient to accomplish one or more mobility improvements 106
168+that will benefit a regionally significant transportation 107
169+facility. A local government may accept contributions from 108
170+multiple applicants for a planned improvement if it maintains 109
171+contributions in a separate account designated for that purpose. 110
172+A local government m ay not prevent a single applicant from 111
173+proceeding after the applicant has satisfied its proportionate -112
174+share contribution. 113
175+ d. Provide the basis upon which the landowners will be 114
176+assessed a proportionate share of the cost addressing the 115
177+transportation impacts resulting from a proposed development. 116
178+ 2. An applicant shall not be held responsible for the 117
179+additional cost of reducing or eliminating deficiencies. When an 118
180+applicant contributes or constructs its proportionate share 119
181+pursuant to this paragraph, a local government may not require 120
182+payment or construction of transportation facilities whose costs 121
183+would be greater than a development's proportionate share of the 122
184+improvements necessary to mitigate the development's impacts. 123
185+ a. The proportionate -share contribution shall be 124
186+calculated based upon the number of trips from the proposed 125
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195195 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
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199-correct the transportation de ficiency is the funding 126
200-responsibility of the entity that has maintenance responsibility 127
201-for the facility. The development's proportionate share shall be 128
202-calculated only for the needed transportation improvements that 129
203-are greater than the identified defici ency. 130
204- c. When the provisions of subparagraph 1. and this 131
205-subparagraph have been satisfied for a particular stage or phase 132
206-of development, all transportation impacts from that stage or 133
207-phase for which mitigation was required and provided shall be 134
208-deemed fully mitigated in any transportation analysis for a 135
209-subsequent stage or phase of development. Trips from a previous 136
210-stage or phase that did not result in impacts for which 137
211-mitigation was required or provided may be cumulatively analyzed 138
212-with trips from a subsequent stage or phase to determine whether 139
213-an impact requires mitigation for the subsequent stage or phase. 140
214- d. In projecting the number of trips to be generated by 141
215-the development under review, any trips assigned to a toll -142
216-financed facility shall be e liminated from the analysis. 143
217- e. The applicant shall receive a credit on a dollar -for-144
218-dollar basis for impact fees, mobility fees, and other 145
219-transportation concurrency mitigation requirements paid or 146
220-payable in the future for the project. The credit shall be 147
221-reduced up to 20 percent by the percentage share that the 148
222-project's traffic represents of the added capacity of the 149
223-selected improvement, or by the amount specified by local 150
199+development expected to reach roadways during the peak hour from 126
200+the stage or phase being approved, divided by the change in the 127
201+peak hour maximum service volume of roadways resulting from 128
202+construction of an improvement necessary to maintain or achieve 129
203+the adopted level of service, multiplied by the construction 130
204+cost, at the time of development payment, of the improvement 131
205+necessary to maintain or achieve the adopted level of s ervice. 132
206+ b. In using the proportionate -share formula provided in 133
207+this subparagraph, the applicant, in its traffic analysis, shall 134
208+identify those roads or facilities that have a transportation 135
209+deficiency in accordance with the transportation deficiency as 136
210+defined in subparagraph 4. The proportionate -share formula 137
211+provided in this subparagraph shall be applied only to those 138
212+facilities that are determined to be significantly impacted by 139
213+the project traffic under review. If any road is determined to 140
214+be transportation deficient without the project traffic under 141
215+review, the costs of correcting that deficiency shall be removed 142
216+from the project's proportionate -share calculation and the 143
217+necessary transportation improvements to correct that deficiency 144
218+shall be considered to be in place for purposes of the 145
219+proportionate-share calculation. The improvement necessary to 146
220+correct the transportation deficiency is the funding 147
221+responsibility of the entity that has maintenance responsibility 148
222+for the facility. The development's proportionate share shall be 149
223+calculated only for the needed transportation improvements that 150
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232232 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
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236-ordinance, whichever yields the greater credit. 151
237- 3. This subsection does not require a local government to 152
238-approve a development that, for reasons other than 153
239-transportation impacts, is not qualified for approval pursuant 154
240-to the applicable local comprehensive plan and land development 155
241-regulations. 156
242- 4. As used in this subsection, th e term "transportation 157
243-deficiency" means a facility or facilities on which the adopted 158
244-level-of-service standard is exceeded by the existing, 159
245-committed, and vested trips, plus additional projected 160
246-background trips from any source other than the development 161
247-project under review, and trips that are forecast by established 162
248-traffic standards, including traffic modeling, consistent with 163
249-the University of Florida's Bureau of Economic and Business 164
250-Research medium population projections. Additional projected 165
251-background trips are to be coincident with the particular stage 166
252-or phase of development under review. 167
253- (i) If a local government elects to repeal transportation 168
254-concurrency, the local government may it is encouraged to adopt 169
255-an alternative mobility planning and fee funding system or an 170
256-alternative system that is not mobility plan and fee based. The 171
257-local government that uses one or more of the tools and 172
258-techniques identified in paragraph (f). Any alternative mobility 173
259-funding system adopted may not use an alternative system be used 174
260-to deny, time, or phase an application for site plan approval, 175
236+are greater than the identified deficiency. 151
237+ c. When the provisions of subparagraph 1. and this 152
238+subparagraph have been satisfied for a particular stage or phase 153
239+of development, all transportation impacts from that stage or 154
240+phase for which mitigation was required and provided shall be 155
241+deemed fully mitigated in any transportation analysis for a 156
242+subsequent stage or phase of development. Trips from a previous 157
243+stage or phase that did not result in impacts for which 158
244+mitigation was required or provided may be cumulatively analyzed 159
245+with trips from a subsequent stage or phase to determine whether 160
246+an impact requires mitigation for the subsequent stage or phase. 161
247+ d. In projecting the number of trips to be generated by 162
248+the development under review, any trips assigned to a toll -163
249+financed facility shall be eliminated from the analysis. 164
250+ e. The applicant shall receive a credit on a dollar -for-165
251+dollar basis for impact fees, mobility fees, and other 166
252+transportation concurrency mitigation requirements paid or 167
253+payable in the future for the project. The credit shall be 168
254+reduced up to 20 percent by the percentage share that the 169
255+project's traffic represents of the added capacity of the 170
256+selected improvement, or by the amount specified by local 171
257+ordinance, whichever yields the greater credit. 172
258+ 3. This subsection does not require a local government to 173
259+approve a development that, for reasons other than 174
260+transportation impacts, is not qualified for approval pursuant 175
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269269 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
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273-plat approval, final subdivision approval, building permits, or 176
274-the functional equivalent of such approvals provided that the 177
275-developer agrees to pay for the development's i dentified 178
276-transportation impacts via the funding mechanism implemented by 179
277-the local government. The revenue from the funding mechanism 180
278-used in the alternative system must be used to implement the 181
279-needs of the local government's plan which serves as the bas is 182
280-for the fee imposed. An alternative A mobility fee-based funding 183
281-system must comply with s. 163.31801 governing impact fees. An 184
282-alternative system may not impose that is not mobility fee -based 185
283-shall not be applied in a manner that imposes upon new 186
284-development any responsibility for funding an existing 187
285-transportation deficiency as defined in paragraph (h). 188
286- (j) Only the local government issuing the building permit 189
287-may charge for transportation impacts within its jurisdiction. 190
288-Such local government must c ollect and account for any 191
289-extrajurisdictional impacts pursuant to s. 163.3177(6)(h), 192
290-regardless of whether it implements a transportation concurrency 193
291-system or an alternative system. A local government may not 194
292-charge new development or redevelopment for t he same 195
293-transportation impacts. 196
294- Section 3. Paragraph (a) of subsection (4), paragraph (a) 197
295-of subsection (5), and subsection (7) of section 163.31801, 198
296-Florida Statutes, are amended to read: 199
297- 163.31801 Impact fees; short title; intent; minimum 200
273+to the applicable local comprehensive plan and land development 176
274+regulations. 177
275+ 4. As used in this subsection, the term "transportation 178
276+deficiency" means a facility or facilities on which the adopted 179
277+level-of-service standard is exceeded by the existing, 180
278+committed, and vested trips, plus additional projected 181
279+background trips from any source other than the development 182
280+project under review, and trips that are forecast by established 183
281+traffic standards, including traffic modeling, consistent w ith 184
282+the University of Florida's Bureau of Economic and Business 185
283+Research medium population projections. Additional projected 186
284+background trips are to be coincident with the particular stage 187
285+or phase of development under review. 188
286+ (i) If a local government e lects to repeal transportation 189
287+concurrency, the local government may it is encouraged to adopt 190
288+an alternative mobility planning and fee funding system, as 191
289+provided in s. 163.31803, or an alternative system that is not 192
290+mobility plan and fee based. The local government that uses one 193
291+or more of the tools and techniques identified in paragraph (f). 194
292+Any alternative mobility funding system adopted may not use the 195
293+alternative system be used to deny, time, or phase an 196
294+application for site plan approval, plat approv al, final 197
295+subdivision approval, building permits, or the functional 198
296+equivalent of such approvals provided that the developer agrees 199
297+to pay for the development's identified transportation impacts 200
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306306 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
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310-requirements; audits; challenges. — 201
311- (4) At a minimum, each local government that adopts and 202
312-collects an impact fee by ordinance and each special district 203
313-that adopts, collects, and administers an impact fee by 204
314-resolution must: 205
315- (a) Ensure that the calculation of the impact fee is based 206
316-on the most recent and localized data available within the 207
317-previous 12 months before adoption . 208
318- (5)(a) Notwithstanding any charter provision, 209
319-comprehensive plan policy, ordinance, development order, 210
320-development permit, or resolutio n, the local government or 211
321-special district that requires any improvement or contribution 212
322-must credit against the collection of the impact fee any 213
323-contribution, whether identified in a development order, 214
324-proportionate share agreement , or any other form of exaction, 215
325-related to public facilities or infrastructure, including 216
326-monetary contributions, land dedication, site planning and 217
327-design, or construction. Any contribution must be applied on a 218
328-dollar-for-dollar basis at fair market value to reduce any 219
329-impact fee collected for the general category or class of public 220
330-facilities or infrastructure for which the contribution was 221
331-made. 222
332- (7) If an impact fee is increased, the holder of any 223
333-impact fee credits, whether such credits are granted under s. 224
334-163.3180, s. 380.06, or otherwise, which were in existence 225
310+via the funding mechanism implemented by the local government . 201
311+The revenue from the funding mechanism used in the alternative 202
312+system must be used to implement the needs of the local 203
313+government's plan which serves as the basis for the fee imposed. 204
314+The alternative system A mobility fee-based funding system must 205
315+comply with s. 163.31801 governing impact fees. An alternative 206
316+system may not impose that is not mobility fee -based shall not 207
317+be applied in a manner that imposes upon new development any 208
318+responsibility for funding an existing transportation deficiency 209
319+as defined in paragraph (h). 210
320+ Section 3. Paragraph (h) of subsection (6) of section 211
321+163.31801, Florida Statutes, is redesignated as paragraph (g), 212
322+and paragraph (a) of subsection (4), paragraph (a) of subsection 213
323+(5), and paragraph (g) of subsection (6) of that se ction are 214
324+amended, to read: 215
325+ 163.31801 Impact fees; short title; intent; minimum 216
326+requirements; audits; challenges. — 217
327+ (4) At a minimum, each local government that adopts and 218
328+collects an impact fee by ordinance and each special district 219
329+that adopts, collects, and administers an impact fee by 220
330+resolution must: 221
331+ (a) Ensure that the calculation of the impact fee is based 222
332+on the most recent and localized data available within the 223
333+previous 12 months before adoption . 224
334+ (5)(a) Notwithstanding any charter provision , 225
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343343 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
344344
345345
346346
347-before the increase, is entitled to the full benefit of the 226
348-intensity or density prepaid by the credit balance as of the 227
349-date it was first established. If a local government adopts an 228
350-alternative funding system p ursuant to s. 163.3180(5)(i), the 229
351-holder of any transportation or road impact fee credits granted 230
352-under s. 163.3180 or s. 380.06 or otherwise that were in 231
353-existence before the adoption of the alternative funding system 232
354-is entitled to the full benefit of th e intensity and density 233
355-prepaid by the credit balance as of the date the alternative 234
356-funding system was first established. 235
357- Section 4. Paragraph (d) of subsection (2) of section 236
358-212.055, Florida Statutes, is amended to read: 237
359- 212.055 Discretionary sale s surtaxes; legislative intent; 238
360-authorization and use of proceeds. —It is the legislative intent 239
361-that any authorization for imposition of a discretionary sales 240
362-surtax shall be published in the Florida Statutes as a 241
363-subsection of this section, irrespective o f the duration of the 242
364-levy. Each enactment shall specify the types of counties 243
365-authorized to levy; the rate or rates which may be imposed; the 244
366-maximum length of time the surtax may be imposed, if any; the 245
367-procedure which must be followed to secure voter ap proval, if 246
368-required; the purpose for which the proceeds may be expended; 247
369-and such other requirements as the Legislature may provide. 248
370-Taxable transactions and administrative procedures shall be as 249
371-provided in s. 212.054. 250
347+comprehensive plan policy, ordinance, development order, 226
348+development permit, or resolution, the local government or 227
349+special district that requires any improvement or contribution 228
350+must credit against the collection of the impact fee any 229
351+contribution, whether identified in a development order, 230
352+proportionate share agreement , or any other form of exaction, 231
353+related to public facilities or infrastructure, including 232
354+monetary contributions, land dedication, site planning and 233
355+design, or construction. Any contribut ion must be applied on a 234
356+dollar-for-dollar basis at fair market value to reduce any 235
357+impact fee collected for the general category or class of public 236
358+facilities or infrastructure for which the contribution was 237
359+made. 238
360+ (6) A local government, school district , or special 239
361+district may increase an impact fee only as provided in this 240
362+subsection. 241
363+ (g) A local government, school district, or special 242
364+district may increase an impact fee rate beyond the phase -in 243
365+limitations established under paragraph (b), paragraph (c), 244
366+paragraph (d), or paragraph (e) by establishing extraordinary 245
367+impacts showing the need for such increase in full compliance 246
368+with the requirements of subsection (4), provided the following 247
369+criteria are met: 248
370+ 1. For the purposes of this paragraph, "ext raordinary 249
371+impacts" means effects of development that will require 250
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380380 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
381381
382382
383383
384- (2) LOCAL GOVERNMENT INFRASTRUCTUR E SURTAX.— 251
385- (d) The proceeds of the surtax authorized by this 252
386-subsection and any accrued interest shall be expended by the 253
387-school district, within the county and municipalities within the 254
388-county, or, in the case of a negotiated joint county agreement, 255
389-within another county, to finance, plan, and construct 256
390-infrastructure; to acquire any interest in land for public 257
391-recreation, conservation, or protection of natural resources or 258
392-to prevent or satisfy private property rights claims resulting 259
393-from limitations imposed by the designation of an area of 260
394-critical state concern; to provide loans, grants, or rebates to 261
395-residential or commercial property owners who make energy 262
396-efficiency improvements to their residential or commercial 263
397-property, if a local government ord inance authorizing such use 264
398-is approved by referendum; or to finance the closure of county -265
399-owned or municipally owned solid waste landfills that have been 266
400-closed or are required to be closed by order of the Department 267
401-of Environmental Protection. Any use o f the proceeds or interest 268
402-for purposes of landfill closure before July 1, 1993, is 269
403-ratified. The proceeds and any interest may not be used for the 270
404-operational expenses of infrastructure, except that a county 271
405-that has a population of fewer than 75,000 and that is required 272
406-to close a landfill may use the proceeds or interest for long -273
407-term maintenance costs associated with landfill closure. 274
408-Counties, as defined in s. 125.011, and charter counties may, in 275
384+mitigation by the affected local government, school district, or 251
385+special district that will exceed the total of the current 252
386+impact fee amount, together with an increase as provided in 253
387+paragraphs (c), (d), and (e) in less than 4 years. 254
388+ 2.1. A demonstrated-need study justifying any increase in 255
389+excess of those authorized in paragraph (b), paragraph (c), 256
390+paragraph (d), or paragraph (e) has been completed within the 12 257
391+months before the adoptio n of the impact fee increase and 258
392+expressly demonstrates the extraordinary impacts circumstances 259
393+necessitating the need to exceed the phase -in limitations. The 260
394+demonstrated-need study must show projected growth within the 261
395+jurisdiction in population and in d emand for the specific 262
396+services funded by the impact fee will exceed the projected 263
397+rates of growth for the state in population and in demand for 264
398+those specific services. 265
399+ 3.2. The local government jurisdiction has held not less 266
400+than two publicly noticed w orkshops and two properly noticed 267
401+public meetings dedicated solely to the extraordinary impacts 268
402+circumstances necessitating the need to exceed the phase -in 269
403+limitations set forth in paragraph (b), paragraph (c), paragraph 270
404+(d), or paragraph (e). 271
405+ 4.3. The impact fee increase ordinance is approved by at 272
406+least a two-thirds vote of the governing body. 273
407+ 5. In any administrative or judicial proceeding 274
408+challenging an impact fee increase adopted under this paragraph, 275
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417417 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
418418
419419
420420
421-addition, use the proceeds or interest to retire or ser vice 276
422-indebtedness incurred for bonds issued before July 1, 1987, for 277
423-infrastructure purposes, and for bonds subsequently issued to 278
424-refund such bonds. Any use of the proceeds or interest for 279
425-purposes of retiring or servicing indebtedness incurred for 280
426-refunding bonds before July 1, 1999, is ratified. 281
427- 1. For the purposes of this paragraph, the term 282
428-"infrastructure" means: 283
429- a. Any fixed capital expenditure or fixed capital outlay 284
430-associated with the construction, reconstruction, or improvement 285
431-of public facilities that have a life expectancy of 5 or more 286
432-years, any related land acquisition, land improvement, design, 287
433-and engineering costs, and all other professional and related 288
434-costs required to bring the public facilities into service. For 289
435-purposes of this sub-subparagraph, the term "public facilities" 290
436-means facilities as defined in s. 163.3164(41) s. 163.3164(39), 291
437-s. 163.3221(13), or s. 189.012(5), and includes facilities that 292
438-are necessary to carry out governmental purposes, including, but 293
439-not limited to, fire stations, general governmental office 294
440-buildings, and animal shelters, regardless of whether the 295
441-facilities are owned by the local taxing authority or another 296
442-governmental entity. 297
443- b. A fire department vehicle, an emergency medical service 298
444-vehicle, a sheriff's office vehicle, a police department 299
445-vehicle, or any other vehicle, and the equipment necessary to 300
421+the local government, school district, o r special district has 276
422+the burden of proving all elements relied upon in the 277
423+demonstrated-need study by clear and convincing evidence. 278
424+ Section 4. Section 163.31803, Florida Statutes, is created 279
425+to read: 280
426+ 163.31803 Mobility plans. — 281
427+ (1) This section establishes the method for the adoption 282
428+and implementation of a mobility plan as an alternative to 283
429+transportation concurrency under s. 163.3180(5). 284
430+ (2) A mobility fee-based funding system must comply with 285
431+this section and s. 163.31801 governing impact fee s. 286
432+ (3) A mobility plan: 287
433+ (a) May include existing and emerging transportation 288
434+technologies that reduce dependence on motor vehicle travel 289
435+capacity. 290
436+ (b) May not be based solely on adding motor vehicle 291
437+capacity. 292
438+ (c) Must reflect modes of travel and emerging 293
439+transportation technologies reducing reliance on motor vehicle 294
440+capacity established in the local government's comprehensive 295
441+plan. 296
442+ (d) Must identify multimodal projects consisting of 297
443+improvements, services, and programs which increase capacity 298
444+needed to meet future travel demands. 299
445+ (4) A transportation impact fee or fee that is not a 300
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454454 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
455455
456456
457457
458-outfit the vehicle for its official use or equipment that has a 301
459-life expectancy of at least 5 years. 302
460- c. Any expenditure for the construction, lease, or 303
461-maintenance of, or provision of utilities or security for, 304
462-facilities, as defined in s. 29.008. 305
463- d. Any fixed capital expenditure or fixed capital outlay 306
464-associated with the improvement of private facilities that have 307
465-a life expectancy of 5 or more ye ars and that the owner agrees 308
466-to make available for use on a temporary basis as needed by a 309
467-local government as a public emergency shelter or a staging area 310
468-for emergency response equipment during an emergency officially 311
469-declared by the state or by the loc al government under s. 312
470-252.38. Such improvements are limited to those necessary to 313
471-comply with current standards for public emergency evacuation 314
472-shelters. The owner must enter into a written contract with the 315
473-local government providing the improvement fund ing to make the 316
474-private facility available to the public for purposes of 317
475-emergency shelter at no cost to the local government for a 318
476-minimum of 10 years after completion of the improvement, with 319
477-the provision that the obligation will transfer to any 320
478-subsequent owner until the end of the minimum period. 321
479- e. Any land acquisition expenditure for a residential 322
480-housing project in which at least 30 percent of the units are 323
481-affordable to individuals or families whose total annual 324
482-household income does not exceed 1 20 percent of the area median 325
458+mobility-based fee may not be imposed within the area designated 301
459+for the imposition of a mobility fee by a local government 302
460+mobility plan. 303
461+ (5) A mobility fee, fee update, or fee increase must be 304
462+based on the mobility plan, may not rely solely on motor vehicle 305
463+capacity, and must be used exclusively to implement the mobility 306
464+plan. 307
465+ (6) A mobility fee must be updated at least once within 5 308
466+years after the date the fee is adopted or after it is updated. 309
467+A mobility fee that is not updated as provided in this 310
468+subsection is void. A local government considering a mobility 311
469+fee update may not consider annual inflation adjustments or any 312
470+phased-in fees to meet the requirements of this subsection. 313
471+ (7) A local government adopting a mobility plan and 314
472+mobility fee system for transportation mitigation must comply 315
473+with all of the following: 316
474+ (a) Beginning September 1, 2023, a new mobility fee, fee 317
475+update, or fee increase must be b ased on an adopted mobility 318
476+plan. 319
477+ (b) In addition to meeting the requirements of s. 320
478+163.31801, mobility fees must be calculated using all of the 321
479+following criteria: 322
480+ 1. Projected increases in population, employment, and 323
481+motor vehicle travel demand and p er person travel demand. 324
482+ 2. Areawide road levels of service or quality of service 325
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491491 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
492492
493493
494494
495-income adjusted for household size, if the land is owned by a 326
496-local government or by a special district that enters into a 327
497-written agreement with the local government to provide such 328
498-housing. The local government or special di strict may enter into 329
499-a ground lease with a public or private person or entity for 330
500-nominal or other consideration for the construction of the 331
501-residential housing project on land acquired pursuant to this 332
502-sub-subparagraph. 333
503- f. Instructional technology used solely in a school 334
504-district's classrooms. As used in this sub -subparagraph, the 335
505-term "instructional technology" means an interactive device that 336
506-assists a teacher in instructing a class or a group of students 337
507-and includes the necessary hardware and softwa re to operate the 338
508-interactive device. The term also includes support systems in 339
509-which an interactive device may mount and is not required to be 340
510-affixed to the facilities. 341
511- 2. For the purposes of this paragraph, the term "energy 342
512-efficiency improvement" means any energy conservation and 343
513-efficiency improvement that reduces consumption through 344
514-conservation or a more efficient use of electricity, natural 345
515-gas, propane, or other f orms of energy on the property, 346
516-including, but not limited to, air sealing; installation of 347
517-insulation; installation of energy -efficient heating, cooling, 348
518-or ventilation systems; installation of solar panels; building 349
519-modifications to increase the use of d aylight or shade; 350
495+standards and multimodal quality of service standards for modes 326
496+of travel included in the mobility plan. 327
497+ 3. Multimodal projects identified in the mobility plan 328
498+which are attributable to, and meet the travel demands of, new 329
499+development and redevelopment and which include capacities based 330
500+on service standards and projected costs. 331
501+ 4. An evaluation of current and future travel conditions 332
502+to ensure that new development and re development are not charged 333
503+for backlog and associated capacity deficiencies. 334
504+ 5. An evaluation of the projected increases in per person 335
505+travel demand and system capacity to calculate the fair share of 336
506+multimodal capacity and the costs of multimodal proje cts which 337
507+are assignable and attributable to new development and 338
508+redevelopment. 339
509+ 6. Per person travel demand corresponding to the 340
510+transportation impact assigned to uses included in the mobility 341
511+fee schedule based on trip generation, new trips, per person 342
512+travel demand, per person trip lengths, excluded travel on 343
513+limited access facilities, and adjustments for origin and 344
514+destination of travel. 345
515+ 7. The mobility fee may not be based on recurring 346
516+transportation costs. 347
517+ 8. The mobility fee must fully mitigate the subject 348
518+development or redevelopment's full transportation impacts. 349
519+ (c) Per person travel demand data must be localized, 350
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528528 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
529529
530530
531531
532-replacement of windows; installation of energy controls or 351
533-energy recovery systems; installation of electric vehicle 352
534-charging equipment; installation of systems for natural gas fuel 353
535-as defined in s. 206.9951; and installation of efficient 354
536-lighting equipment. 355
537- 3. Notwithstanding any other provision of this subsection, 356
538-a local government infrastructure surtax imposed or extended 357
539-after July 1, 1998, may allocate up to 15 percent of the surtax 358
540-proceeds for deposit into a trust fund within the county's 359
541-accounts created for the purpose of funding economic development 360
542-projects having a general public purpose of improving local 361
543-economies, including the funding of operational costs and 362
544-incentives related to economic development. The ballot statemen t 363
545-must indicate the intention to make an allocation under the 364
546-authority of this subparagraph. 365
547- Section 5. This act shall take effect July 1, 2023. 366
532+reflecting differences in the need for multimodal projects and 351
533+travel within urban areas based on reduced trip lengths and the 352
534+availability of existing transportation infrastructure. 353
535+ (d) A local government may recognize reductions in per 354
536+person travel demand for affordable housing and economic 355
537+development projects. 356
538+ (e) Any calculation of per person travel demand must 357
539+ensure that new development and redevelopment are not assessed 358
540+twice for the same transportation impact. 359
541+ (8) A mobility fee that is collected for a specific 360
542+transportation mitigation improvement must be expended or 361
543+committed for an identified project within 6 yea rs after the 362
544+date of collection or must be returned to the applicant who paid 363
545+the fee. For purposes of this subsection, an expenditure is 364
546+deemed committed if the preliminary design, right -of-way, or 365
547+detailed design for the project is completed and construc tion 366
548+will commence within 2 years. 367
549+ (9) A local government issuing a building permit for 368
550+development within its jurisdiction shall develop a mobility fee 369
551+based on the adopted mobility plan to ensure that the 370
552+transportation impacts of the new development o r redevelopment 371
553+project are fully mitigated. Another local government may not 372
554+charge new development or redevelopment for the same travel 373
555+demand, capacity, and improvements assessed by the governmental 374
556+entity that issued the building permit. 375
557+
558+CS/HB 235 2023
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565+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
566+
567+
568+
569+ (10) Local governments are encouraged to coordinate with 376
570+other affected local governments to identify multimodal 377
571+projects, capacity improvements, full costs, and timing of 378
572+improvements in mobility plans to address intrajurisdictional 379
573+and extrajurisdictional impacts. T he coordination is encouraged 380
574+to identify measurable factors addressing all of the following: 381
575+ (a) The share of per person travel demand which each local 382
576+government should assess. 383
577+ (b) The proportion of costs of multimodal projects to be 384
578+included in the mobility fee calculations. 385
579+ (c) Which entity will construct the multimodal projects . 386
580+ (d) If necessary, whether the projected future ownership 387
581+of the multimodal project and underlying facility should be 388
582+transferred from the affected local government to t he local 389
583+government adopting the mobility fee. 390
584+Any mobility fee, impact fee, or other transportation mitigation 391
585+exaction other than the one assessed by the local government 392
586+issuing the building permits must include the same benefit 393
587+reductions in per person travel demand for affordable housing, 394
588+economic development, urban areas, and mixed -use development. 395
589+ (11) A local government adopting a mobility fee system and 396
590+a local government assessing a transportation exaction for 397
591+intrajurisdictional and extrajurisd ictional impacts has the 398
592+burden of proving by a preponderance of the evidence that the 399
593+imposition or amount of the fee or exaction meets the 400
594+
595+CS/HB 235 2023
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602+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
603+
604+
605+
606+requirements of this section. A court may not use a deferential 401
607+standard for the benefit of the local government. 402
608+ (12) Mobility fee credits must comply with s. 163.31801 in 403
609+any mode that creates equivalent capacity which is designated in 404
610+a local government capital improvements list. 405
611+ (13) The holder of any transportation or road impact fee 406
612+credits granted under s. 163.3180, s. 380.06, or other 407
613+provision, which were in existence before the adoption of the 408
614+mobility fee-based funding system, is entitled to the full 409
615+benefit of the intensity and density prepaid by the credit 410
616+balance as of the date it was first establishe d. 411
617+ (14) Payment by a development of the authorizing local 412
618+government's adopted mobility fee is deemed to fully mitigate 413
619+the development's full transportation impacts. 414
620+ Section 5. Paragraph (d) of subsection (2) of section 415
621+212.055, Florida Statutes, is amended to read: 416
622+ 212.055 Discretionary sales surtaxes; legislative intent; 417
623+authorization and use of proceeds. —It is the legislative intent 418
624+that any authorization for imposition of a discretionary sales 419
625+surtax shall be published in the Florida Statutes a s a 420
626+subsection of this section, irrespective of the duration of the 421
627+levy. Each enactment shall specify the types of counties 422
628+authorized to levy; the rate or rates which may be imposed; the 423
629+maximum length of time the surtax may be imposed, if any; the 424
630+procedure which must be followed to secure voter approval, if 425
631+
632+CS/HB 235 2023
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639+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
640+
641+
642+
643+required; the purpose for which the proceeds may be expended; 426
644+and such other requirements as the Legislature may provide. 427
645+Taxable transactions and administrative procedures shall be as 428
646+provided in s. 212.054. 429
647+ (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. — 430
648+ (d) The proceeds of the surtax authorized by this 431
649+subsection and any accrued interest shall be expended by the 432
650+school district, within the county and municipalities within the 433
651+county, or, in the ca se of a negotiated joint county agreement, 434
652+within another county, to finance, plan, and construct 435
653+infrastructure; to acquire any interest in land for public 436
654+recreation, conservation, or protection of natural resources or 437
655+to prevent or satisfy private prope rty rights claims resulting 438
656+from limitations imposed by the designation of an area of 439
657+critical state concern; to provide loans, grants, or rebates to 440
658+residential or commercial property owners who make energy 441
659+efficiency improvements to their residential or commercial 442
660+property, if a local government ordinance authorizing such use 443
661+is approved by referendum; or to finance the closure of county -444
662+owned or municipally owned solid waste landfills that have been 445
663+closed or are required to be closed by order of the Dep artment 446
664+of Environmental Protection. Any use of the proceeds or interest 447
665+for purposes of landfill closure before July 1, 1993, is 448
666+ratified. The proceeds and any interest may not be used for the 449
667+operational expenses of infrastructure, except that a county 450
668+
669+CS/HB 235 2023
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676+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
677+
678+
679+
680+that has a population of fewer than 75,000 and that is required 451
681+to close a landfill may use the proceeds or interest for long -452
682+term maintenance costs associated with landfill closure. 453
683+Counties, as defined in s. 125.011, and charter counties may, in 454
684+addition, use the proceeds or interest to retire or service 455
685+indebtedness incurred for bonds issued before July 1, 1987, for 456
686+infrastructure purposes, and for bonds subsequently issued to 457
687+refund such bonds. Any use of the proceeds or interest for 458
688+purposes of retiring or servicing indebtedness incurred for 459
689+refunding bonds before July 1, 1999, is ratified. 460
690+ 1. For the purposes of this paragraph, the term 461
691+"infrastructure" means: 462
692+ a. Any fixed capital expenditure or fixed capital outlay 463
693+associated with the construction, reconstruction, or improvement 464
694+of public facilities that have a life expectancy of 5 or more 465
695+years, any related land acquisition, land improvement, design, 466
696+and engineering costs, and all other professional and related 467
697+costs required to bring the public fa cilities into service. For 468
698+purposes of this sub -subparagraph, the term "public facilities" 469
699+means facilities as defined in s. 163.3164(41) s. 163.3164(39), 470
700+s. 163.3221(13), or s. 189.012(5), and includes facilities that 471
701+are necessary to carry out governmental purposes, including, but 472
702+not limited to, fire stations, general governmental office 473
703+buildings, and animal shelters, regardless of whether the 474
704+facilities are owned by the local taxing authority or another 475
705+
706+CS/HB 235 2023
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713+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
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717+governmental entity. 476
718+ b. A fire department vehicle, an emergency medical service 477
719+vehicle, a sheriff's office vehicle, a police department 478
720+vehicle, or any other vehicle, and the equipment necessary to 479
721+outfit the vehicle for its official use or equipment that has a 480
722+life expectancy of at least 5 years. 481
723+ c. Any expenditure for the construction, lease, or 482
724+maintenance of, or provision of utilities or security for, 483
725+facilities, as defined in s. 29.008. 484
726+ d. Any fixed capital expenditure or fixed capital outlay 485
727+associated with the improvement of private facilities that have 486
728+a life expectancy of 5 or more years and that the owner agrees 487
729+to make available for use on a temporary basis as needed by a 488
730+local government as a public emergency shelter or a staging area 489
731+for emergency response equipment during an emergency officially 490
732+declared by the state or by the local government under s. 491
733+252.38. Such improvements are limited to those necessary to 492
734+comply with current stan dards for public emergency evacuation 493
735+shelters. The owner must enter into a written contract with the 494
736+local government providing the improvement funding to make the 495
737+private facility available to the public for purposes of 496
738+emergency shelter at no cost to th e local government for a 497
739+minimum of 10 years after completion of the improvement, with 498
740+the provision that the obligation will transfer to any 499
741+subsequent owner until the end of the minimum period. 500
742+
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750+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
751+
752+
753+
754+ e. Any land acquisition expenditure for a residential 501
755+housing project in which at least 30 percent of the units are 502
756+affordable to individuals or families whose total annual 503
757+household income does not exceed 120 percent of the area median 504
758+income adjusted for household size, if the land is owned by a 505
759+local government or by a special district that enters into a 506
760+written agreement with the local government to provide such 507
761+housing. The local government or special district may enter into 508
762+a ground lease with a public or private person or entity for 509
763+nominal or other conside ration for the construction of the 510
764+residential housing project on land acquired pursuant to this 511
765+sub-subparagraph. 512
766+ f. Instructional technology used solely in a school 513
767+district's classrooms. As used in this sub -subparagraph, the 514
768+term "instructional techno logy" means an interactive device that 515
769+assists a teacher in instructing a class or a group of students 516
770+and includes the necessary hardware and software to operate the 517
771+interactive device. The term also includes support systems in 518
772+which an interactive device may mount and is not required to be 519
773+affixed to the facilities. 520
774+ 2. For the purposes of this paragraph, the term "energy 521
775+efficiency improvement" means any energy conservation and 522
776+efficiency improvement that reduces consumption through 523
777+conservation or a mo re efficient use of electricity, natural 524
778+gas, propane, or other forms of energy on the property, 525
779+
780+CS/HB 235 2023
781+
782+
783+
784+CODING: Words stricken are deletions; words underlined are additions.
785+hb0235-01-c1
786+Page 22 of 22
787+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
788+
789+
790+
791+including, but not limited to, air sealing; installation of 526
792+insulation; installation of energy -efficient heating, cooling, 527
793+or ventilation systems; installation of solar panels; building 528
794+modifications to increase the use of daylight or shade; 529
795+replacement of windows; installation of energy controls or 530
796+energy recovery systems; installation of electric vehicle 531
797+charging equipment; installation of systems for natural gas fuel 532
798+as defined in s. 206.9951; and installation of efficient 533
799+lighting equipment. 534
800+ 3. Notwithstanding any other provision of this subsection, 535
801+a local government infrastructure surtax imposed or extended 536
802+after July 1, 1998, may allocate up to 15 percen t of the surtax 537
803+proceeds for deposit into a trust fund within the county's 538
804+accounts created for the purpose of funding economic development 539
805+projects having a general public purpose of improving local 540
806+economies, including the funding of operational costs an d 541
807+incentives related to economic development. The ballot statement 542
808+must indicate the intention to make an allocation under the 543
809+authority of this subparagraph. 544
810+ Section 6. This act shall take effect July 1, 2023. 545