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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 relating 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; prohibiting local 13
governments that do not issue building permits from 14
charging for transportation impacts; requiring local 15
governments that issue building permits to collect for 16
extrajurisdictional impacts; prohibiting local 17
governments from assessing multiple charges for the 18
same transportation impact; amending s. 163.31801, 19
F.S.; revising requirements for the calculation of 20
impact fees by certain local governments and special 21
districts; requiring local governments transitioning 22
to alternative funding systems to provide holders of 23
impact fee credits with full benefit of intensity and 24
density of prepaid credit balances as of 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
date; amending s. 212.055, F.S.; conforming a cros s-26
reference; providing an effective date. 27
28
Be It Enacted by the Legislature of the State of Florida: 29
30
Section 1. Subsections (32) through (52) of section 31
163.3164, Florida Statutes, are renumbered as subsections (34) 32
through (54), respectively, and new subsections (32) and (33) 33
are added to that section, to read: 34
163.3164 Community Planning Act; definitions. —As used in 35
this act: 36
(32) "Mobility fee" means a local government fee schedule 37
established by ordinance and based on the projects included in 38
the local government's adopted mobility plan. 39
(33) "Mobility plan" means an integrated land use and 40
alternative mobility transportation plan adopted into a local 41
government comprehensive plan that promotes a compact, mixed -42
use, and interconnected deve lopment served by a multimodal 43
transportation system in an area that is urban in character as 44
defined in s. 171.031. 45
Section 2. Paragraphs (h) and (i) of subsection (5) of 46
section 163.3180, Florida Statutes, are amended, and paragraph 47
(j) is added to that subsection, to read: 48
163.3180 Concurrency. — 49
(5) 50
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(h)1. Local governments that continue to implement a 51
transportation concurrency system, whether in the form adopted 52
into the comprehensive plan before the effective date of the 53
Community Planning Act , chapter 2011-139, Laws of Florida, or as 54
subsequently modified, must: 55
a. Consult with the Department of Transportation when 56
proposed plan amendments affect facilities on the strategic 57
intermodal system. 58
b. Exempt public transit facilities from concur rency. For 59
the purposes of this sub -subparagraph, public transit facilities 60
include transit stations and terminals; transit station parking; 61
park-and-ride lots; intermodal public transit connection or 62
transfer facilities; fixed bus, guideway, and rail stat ions; and 63
airport passenger terminals and concourses, air cargo 64
facilities, and hangars for the assembly, manufacture, 65
maintenance, or storage of aircraft. As used in this sub -66
subparagraph, the terms "terminals" and "transit facilities" do 67
not include seaports or commercial or residential development 68
constructed in conjunction with a public transit facility. 69
c. Allow an applicant for a development -of-regional-impact 70
development order, development agreement, rezoning, or other 71
land use development permit t o satisfy the transportation 72
concurrency requirements of the local comprehensive plan, the 73
local government's concurrency management system, and s. 380.06, 74
when applicable, if: 75
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(I) The applicant in good faith offers to enter into a 76
binding agreement to p ay for or construct its proportionate 77
share of required improvements in a manner consistent with this 78
subsection. The agreement must provide that after an applicant 79
makes its contribution or constructs its proportionate share 80
pursuant to this sub -sub-subparagraph, the project shall be 81
considered to have mitigated its transportation impacts and be 82
allowed to proceed. 83
(II) The proportionate -share contribution or construction 84
is sufficient to accomplish one or more mobility improvements 85
that will benefit a regionally significant transportation 86
facility. A local government may accept contributions from 87
multiple applicants for a planned improvement if it maintains 88
contributions in a separate account designated for that purpose. 89
A local government may not prevent a single applicant from 90
proceeding after the applicant has satisfied its proportionate -91
share contribution. 92
d. Provide the basis upon which the landowners will be 93
assessed a proportionate share of the cost addressing the 94
transportation impacts resulting from a proposed development. 95
2. An applicant shall not be held responsible for the 96
additional cost of reducing or eliminating deficiencies. When an 97
applicant contributes or constructs its proportionate share 98
pursuant to this paragraph, a local government may not require 99
payment or construction of transportation facilities whose costs 100
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would be greater than a develop ment's proportionate share of the 101
improvements necessary to mitigate the development's impacts. 102
a. The proportionate -share contribution shall be 103
calculated based upon the number of trips from the proposed 104
development expected to reach roadways during the peak hour from 105
the stage or phase being approved, divided by the change in the 106
peak hour maximum service volume of roadways resulting from 107
construction of an improvement necessary to maintain or achieve 108
the adopted level of service, multiplied by the cons truction 109
cost, at the time of development payment, of the improvement 110
necessary to maintain or achieve the adopted level of service. 111
b. In using the proportionate -share formula provided in 112
this subparagraph, the applicant, in its traffic analysis, shall 113
identify those roads or facilities that have a transportation 114
deficiency in accordance with the transportation deficiency as 115
defined in subparagraph 4. The proportionate -share formula 116
provided in this subparagraph shall be applied only to those 117
facilities that are determined to be significantly impacted by 118
the project traffic under review. If any road is determined to 119
be transportation deficient without the project traffic under 120
review, the costs of correcting that deficiency shall be removed 121
from the project's proportionate-share calculation and the 122
necessary transportation improvements to correct that deficiency 123
shall be considered to be in place for purposes of the 124
proportionate-share calculation. The improvement necessary to 125
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correct the transportation de ficiency is the funding 126
responsibility of the entity that has maintenance responsibility 127
for the facility. The development's proportionate share shall be 128
calculated only for the needed transportation improvements that 129
are greater than the identified defici ency. 130
c. When the provisions of subparagraph 1. and this 131
subparagraph have been satisfied for a particular stage or phase 132
of development, all transportation impacts from that stage or 133
phase for which mitigation was required and provided shall be 134
deemed fully mitigated in any transportation analysis for a 135
subsequent stage or phase of development. Trips from a previous 136
stage or phase that did not result in impacts for which 137
mitigation was required or provided may be cumulatively analyzed 138
with trips from a subsequent stage or phase to determine whether 139
an impact requires mitigation for the subsequent stage or phase. 140
d. In projecting the number of trips to be generated by 141
the development under review, any trips assigned to a toll -142
financed facility shall be e liminated from the analysis. 143
e. The applicant shall receive a credit on a dollar -for-144
dollar basis for impact fees, mobility fees, and other 145
transportation concurrency mitigation requirements paid or 146
payable in the future for the project. The credit shall be 147
reduced up to 20 percent by the percentage share that the 148
project's traffic represents of the added capacity of the 149
selected improvement, or by the amount specified by local 150
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ordinance, whichever yields the greater credit. 151
3. This subsection does not require a local government to 152
approve a development that, for reasons other than 153
transportation impacts, is not qualified for approval pursuant 154
to the applicable local comprehensive plan and land development 155
regulations. 156
4. As used in this subsection, th e term "transportation 157
deficiency" means a facility or facilities on which the adopted 158
level-of-service standard is exceeded by the existing, 159
committed, and vested trips, plus additional projected 160
background trips from any source other than the development 161
project under review, and trips that are forecast by established 162
traffic standards, including traffic modeling, consistent with 163
the University of Florida's Bureau of Economic and Business 164
Research medium population projections. Additional projected 165
background trips are to be coincident with the particular stage 166
or phase of development under review. 167
(i) If a local government elects to repeal transportation 168
concurrency, the local government may it is encouraged to adopt 169
an alternative mobility planning and fee funding system or an 170
alternative system that is not mobility plan and fee based. The 171
local government that uses one or more of the tools and 172
techniques identified in paragraph (f). Any alternative mobility 173
funding system adopted may not use an alternative system be used 174
to deny, time, or phase an application for site plan approval, 175
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plat approval, final subdivision approval, building permits, or 176
the functional equivalent of such approvals provided that the 177
developer agrees to pay for the development's i dentified 178
transportation impacts via the funding mechanism implemented by 179
the local government. The revenue from the funding mechanism 180
used in the alternative system must be used to implement the 181
needs of the local government's plan which serves as the bas is 182
for the fee imposed. An alternative A mobility fee-based funding 183
system must comply with s. 163.31801 governing impact fees. An 184
alternative system may not impose that is not mobility fee -based 185
shall not be applied in a manner that imposes upon new 186
development any responsibility for funding an existing 187
transportation deficiency as defined in paragraph (h). 188
(j) Only the local government issuing the building permit 189
may charge for transportation impacts within its jurisdiction. 190
Such local government must c ollect and account for any 191
extrajurisdictional impacts pursuant to s. 163.3177(6)(h), 192
regardless of whether it implements a transportation concurrency 193
system or an alternative system. A local government may not 194
charge new development or redevelopment for t he same 195
transportation impacts. 196
Section 3. Paragraph (a) of subsection (4), paragraph (a) 197
of subsection (5), and subsection (7) of section 163.31801, 198
Florida Statutes, are amended to read: 199
163.31801 Impact fees; short title; intent; minimum 200
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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
requirements; audits; challenges. — 201
(4) At a minimum, each local government that adopts and 202
collects an impact fee by ordinance and each special district 203
that adopts, collects, and administers an impact fee by 204
resolution must: 205
(a) Ensure that the calculation of the impact fee is based 206
on the most recent and localized data available within the 207
previous 12 months before adoption . 208
(5)(a) Notwithstanding any charter provision, 209
comprehensive plan policy, ordinance, development order, 210
development permit, or resolutio n, the local government or 211
special district that requires any improvement or contribution 212
must credit against the collection of the impact fee any 213
contribution, whether identified in a development order, 214
proportionate share agreement , or any other form of exaction, 215
related to public facilities or infrastructure, including 216
monetary contributions, land dedication, site planning and 217
design, or construction. Any contribution must be applied on a 218
dollar-for-dollar basis at fair market value to reduce any 219
impact fee collected for the general category or class of public 220
facilities or infrastructure for which the contribution was 221
made. 222
(7) If an impact fee is increased, the holder of any 223
impact fee credits, whether such credits are granted under s. 224
163.3180, s. 380.06, or otherwise, which were in existence 225
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before the increase, is entitled to the full benefit of the 226
intensity or density prepaid by the credit balance as of the 227
date it was first established. If a local government adopts an 228
alternative funding system p ursuant to s. 163.3180(5)(i), the 229
holder of any transportation or road impact fee credits granted 230
under s. 163.3180 or s. 380.06 or otherwise that were in 231
existence before the adoption of the alternative funding system 232
is entitled to the full benefit of th e intensity and density 233
prepaid by the credit balance as of the date the alternative 234
funding system was first established. 235
Section 4. Paragraph (d) of subsection (2) of section 236
212.055, Florida Statutes, is amended to read: 237
212.055 Discretionary sale s surtaxes; legislative intent; 238
authorization and use of proceeds. —It is the legislative intent 239
that any authorization for imposition of a discretionary sales 240
surtax shall be published in the Florida Statutes as a 241
subsection of this section, irrespective o f the duration of the 242
levy. Each enactment shall specify the types of counties 243
authorized to levy; the rate or rates which may be imposed; the 244
maximum length of time the surtax may be imposed, if any; the 245
procedure which must be followed to secure voter ap proval, if 246
required; the purpose for which the proceeds may be expended; 247
and such other requirements as the Legislature may provide. 248
Taxable transactions and administrative procedures shall be as 249
provided in s. 212.054. 250
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(2) LOCAL GOVERNMENT INFRASTRUCTUR E SURTAX.— 251
(d) The proceeds of the surtax authorized by this 252
subsection and any accrued interest shall be expended by the 253
school district, within the county and municipalities within the 254
county, or, in the case of a negotiated joint county agreement, 255
within another county, to finance, plan, and construct 256
infrastructure; to acquire any interest in land for public 257
recreation, conservation, or protection of natural resources or 258
to prevent or satisfy private property rights claims resulting 259
from limitations imposed by the designation of an area of 260
critical state concern; to provide loans, grants, or rebates to 261
residential or commercial property owners who make energy 262
efficiency improvements to their residential or commercial 263
property, if a local government ord inance authorizing such use 264
is approved by referendum; or to finance the closure of county -265
owned or municipally owned solid waste landfills that have been 266
closed or are required to be closed by order of the Department 267
of Environmental Protection. Any use o f the proceeds or interest 268
for purposes of landfill closure before July 1, 1993, is 269
ratified. The proceeds and any interest may not be used for the 270
operational expenses of infrastructure, except that a county 271
that has a population of fewer than 75,000 and that is required 272
to close a landfill may use the proceeds or interest for long -273
term maintenance costs associated with landfill closure. 274
Counties, as defined in s. 125.011, and charter counties may, in 275
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addition, use the proceeds or interest to retire or ser vice 276
indebtedness incurred for bonds issued before July 1, 1987, for 277
infrastructure purposes, and for bonds subsequently issued to 278
refund such bonds. Any use of the proceeds or interest for 279
purposes of retiring or servicing indebtedness incurred for 280
refunding bonds before July 1, 1999, is ratified. 281
1. For the purposes of this paragraph, the term 282
"infrastructure" means: 283
a. Any fixed capital expenditure or fixed capital outlay 284
associated with the construction, reconstruction, or improvement 285
of public facilities that have a life expectancy of 5 or more 286
years, any related land acquisition, land improvement, design, 287
and engineering costs, and all other professional and related 288
costs required to bring the public facilities into service. For 289
purposes of this sub-subparagraph, the term "public facilities" 290
means facilities as defined in s. 163.3164(41) s. 163.3164(39), 291
s. 163.3221(13), or s. 189.012(5), and includes facilities that 292
are necessary to carry out governmental purposes, including, but 293
not limited to, fire stations, general governmental office 294
buildings, and animal shelters, regardless of whether the 295
facilities are owned by the local taxing authority or another 296
governmental entity. 297
b. A fire department vehicle, an emergency medical service 298
vehicle, a sheriff's office vehicle, a police department 299
vehicle, or any other vehicle, and the equipment necessary to 300
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outfit the vehicle for its official use or equipment that has a 301
life expectancy of at least 5 years. 302
c. Any expenditure for the construction, lease, or 303
maintenance of, or provision of utilities or security for, 304
facilities, as defined in s. 29.008. 305
d. Any fixed capital expenditure or fixed capital outlay 306
associated with the improvement of private facilities that have 307
a life expectancy of 5 or more ye ars and that the owner agrees 308
to make available for use on a temporary basis as needed by a 309
local government as a public emergency shelter or a staging area 310
for emergency response equipment during an emergency officially 311
declared by the state or by the loc al government under s. 312
252.38. Such improvements are limited to those necessary to 313
comply with current standards for public emergency evacuation 314
shelters. The owner must enter into a written contract with the 315
local government providing the improvement fund ing to make the 316
private facility available to the public for purposes of 317
emergency shelter at no cost to the local government for a 318
minimum of 10 years after completion of the improvement, with 319
the provision that the obligation will transfer to any 320
subsequent owner until the end of the minimum period. 321
e. Any land acquisition expenditure for a residential 322
housing project in which at least 30 percent of the units are 323
affordable to individuals or families whose total annual 324
household income does not exceed 1 20 percent of the area median 325
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income adjusted for household size, if the land is owned by a 326
local government or by a special district that enters into a 327
written agreement with the local government to provide such 328
housing. The local government or special di strict may enter into 329
a ground lease with a public or private person or entity for 330
nominal or other consideration for the construction of the 331
residential housing project on land acquired pursuant to this 332
sub-subparagraph. 333
f. Instructional technology used solely in a school 334
district's classrooms. As used in this sub -subparagraph, the 335
term "instructional technology" means an interactive device that 336
assists a teacher in instructing a class or a group of students 337
and includes the necessary hardware and softwa re to operate the 338
interactive device. The term also includes support systems in 339
which an interactive device may mount and is not required to be 340
affixed to the facilities. 341
2. For the purposes of this paragraph, the term "energy 342
efficiency improvement" means any energy conservation and 343
efficiency improvement that reduces consumption through 344
conservation or a more efficient use of electricity, natural 345
gas, propane, or other f orms of energy on the property, 346
including, but not limited to, air sealing; installation of 347
insulation; installation of energy -efficient heating, cooling, 348
or ventilation systems; installation of solar panels; building 349
modifications to increase the use of d aylight or shade; 350
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replacement of windows; installation of energy controls or 351
energy recovery systems; installation of electric vehicle 352
charging equipment; installation of systems for natural gas fuel 353
as defined in s. 206.9951; and installation of efficient 354
lighting equipment. 355
3. Notwithstanding any other provision of this subsection, 356
a local government infrastructure surtax imposed or extended 357
after July 1, 1998, may allocate up to 15 percent of the surtax 358
proceeds for deposit into a trust fund within the county's 359
accounts created for the purpose of funding economic development 360
projects having a general public purpose of improving local 361
economies, including the funding of operational costs and 362
incentives related to economic development. The ballot statemen t 363
must indicate the intention to make an allocation under the 364
authority of this subparagraph. 365
Section 5. This act shall take effect July 1, 2023. 366