Florida Senate - 2023 SB 350 By Senator Brodeur 10-00277B-23 2023350__ 1 A bill to be entitled 2 An act relating to alternative mobility funding 3 systems; amending s. 163.3164, F.S.; defining the 4 terms mobility fee and mobility plan; amending s. 5 163.3180, F.S.; revising requirements regarding 6 agreements to pay for or construct certain 7 improvements; authorizing certain local governments to 8 adopt an alternative mobility planning and fee system 9 or, in certain circumstances, an alternative system; 10 specifying requirements for the application of an 11 adopted alternative system; prohibiting an alternative 12 system from imposing responsibility for funding an 13 existing transportation deficiency on a new 14 development; amending s. 163.31801, F.S.; revising 15 requirements for the calculation of impact fees by 16 certain local governments and special districts; 17 deleting local governments, school districts, or 18 special districts ability to increase impact fees in 19 certain instances; creating s. 163.31803, F.S.; 20 providing authorizations for mobility fee-based 21 funding systems and requirements for mobility plans; 22 prohibiting certain transportation impact fees and 23 fees that are not mobility-based fees within specified 24 areas; prohibiting mobility fees, fee updates, or fee 25 increases from relying solely on motor vehicle 26 capacity; requiring certain mobility fees to be 27 updated within a specified timeframe; providing that 28 mobility fees that are not updated are void; providing 29 that certain adjustments and phased-in fees do not 30 qualify as updates; providing that mobility fees may 31 not be based on recurring transportation costs and 32 must fully mitigate the developments full 33 transportation impacts; specifying requirements for a 34 local government adopting a mobility plan and 35 mobility-fee-based funding system for transportation 36 mitigation; specifying criteria to be used by a local 37 government in calculating a mobility plan and mobility 38 fee for transportation mitigation improvements; 39 requiring mobility fees to be expended or committed 40 within a specified time period; providing criteria for 41 use by local governments issuing building permits 42 related to mobility fees; encouraging local 43 governments to coordinate certain activities included 44 in mobility plans with other affected local 45 governments for certain purposes; specifying that 46 local governments have the burden of proving that the 47 imposition or amount of a fee or an exaction meets 48 certain requirements; prohibiting courts from using a 49 deferential standard for a specified purpose; 50 providing that mobility fee credits must comply with 51 the Florida Impact Fee Act in any mode that creates 52 equivalent capacity that is designated in a local 53 government capital improvements list; providing that 54 the holder of transportation or road impact fee 55 credits is entitled to specified benefits; providing 56 for full mitigation of a developments transportation 57 impacts in certain instances; amending s. 212.055, 58 F.S.; conforming a cross-reference; providing an 59 effective date. 60 61 Be It Enacted by the Legislature of the State of Florida: 62 63 Section 1.Present subsections (32) through (52) of section 64 163.3164, Florida Statutes, are redesignated as subsections (34) 65 through (54), respectively, and new subsections (32) and (33) 66 are added to that section, to read: 67 163.3164Community Planning Act; definitions.As used in 68 this act: 69 (32)Mobility fee means a local government fee schedule 70 established by ordinance and based on the projects included in 71 the local governments adopted mobility plan. 72 (33)Mobility plan means an integrated land use and 73 alternative mobility transportation plan adopted into a local 74 government comprehensive plan which promotes a compact, mixed 75 use, and interconnected development served by a multimodal 76 transportation system in an area that is urban in character as 77 defined in s. 171.031. 78 Section 2.Paragraphs (h) and (i) of subsection (5) of 79 section 163.3180, Florida Statutes, are amended to read: 80 163.3180Concurrency. 81 (5) 82 (h)1.Local governments that continue to implement a 83 transportation concurrency system, whether in the form adopted 84 into the comprehensive plan before the effective date of the 85 Community Planning Act, chapter 2011-139, Laws of Florida, or as 86 subsequently modified, must: 87 a.Consult with the Department of Transportation when 88 proposed plan amendments affect facilities on the strategic 89 intermodal system. 90 b.Exempt public transit facilities from concurrency. For 91 the purposes of this sub-subparagraph, public transit facilities 92 include transit stations and terminals; transit station parking; 93 park-and-ride lots; intermodal public transit connection or 94 transfer facilities; fixed bus, guideway, and rail stations; and 95 airport passenger terminals and concourses, air cargo 96 facilities, and hangars for the assembly, manufacture, 97 maintenance, or storage of aircraft. As used in this sub 98 subparagraph, the terms terminals and transit facilities do 99 not include seaports or commercial or residential development 100 constructed in conjunction with a public transit facility. 101 c.Allow an applicant for a development-of-regional-impact 102 development order, development agreement, rezoning, or other 103 land use development permit to satisfy the transportation 104 concurrency requirements of the local comprehensive plan, the 105 local governments concurrency management system, and s. 380.06, 106 when applicable, if: 107 (I)The applicant in good faith offers to enter into a 108 binding agreement to pay for or construct its proportionate 109 share of required improvements in a manner consistent with this 110 subsection. The agreement must provide that after an applicant 111 contributes or constructs its proportionate share pursuant to 112 this sub-sub-subparagraph, the project is considered to have 113 mitigated its transportation impacts and is allowed to proceed. 114 (II)The proportionate-share contribution or construction 115 is sufficient to accomplish one or more mobility improvements 116 that will benefit a regionally significant transportation 117 facility. A local government may accept contributions from 118 multiple applicants for a planned improvement if it maintains 119 contributions in a separate account designated for that purpose. 120 A local government may not prevent a single applicant from 121 proceeding after the applicant has contributed or constructed 122 its proportionate share. 123 d.Provide the basis upon which the landowners will be 124 assessed a proportionate share of the cost addressing the 125 transportation impacts resulting from a proposed development. 126 2.An applicant shall not be held responsible for the 127 additional cost of reducing or eliminating deficiencies. When an 128 applicant contributes or constructs its proportionate share 129 pursuant to this paragraph, a local government may not require 130 payment or construction of transportation facilities whose costs 131 would be greater than a developments proportionate share of the 132 improvements necessary to mitigate the developments impacts. 133 a.The proportionate-share contribution shall be calculated 134 based upon the number of trips from the proposed development 135 expected to reach roadways during the peak hour from the stage 136 or phase being approved, divided by the change in the peak hour 137 maximum service volume of roadways resulting from construction 138 of an improvement necessary to maintain or achieve the adopted 139 level of service, multiplied by the construction cost, at the 140 time of development payment, of the improvement necessary to 141 maintain or achieve the adopted level of service. 142 b.In using the proportionate-share formula provided in 143 this subparagraph, the applicant, in its traffic analysis, shall 144 identify those roads or facilities that have a transportation 145 deficiency in accordance with the transportation deficiency as 146 defined in subparagraph 4. The proportionate-share formula 147 provided in this subparagraph shall be applied only to those 148 facilities that are determined to be significantly impacted by 149 the project traffic under review. If any road is determined to 150 be transportation deficient without the project traffic under 151 review, the costs of correcting that deficiency shall be removed 152 from the projects proportionate-share calculation and the 153 necessary transportation improvements to correct that deficiency 154 shall be considered to be in place for purposes of the 155 proportionate-share calculation. The improvement necessary to 156 correct the transportation deficiency is the funding 157 responsibility of the entity that has maintenance responsibility 158 for the facility. The developments proportionate share shall be 159 calculated only for the needed transportation improvements that 160 are greater than the identified deficiency. 161 c.When the provisions of subparagraph 1. and this 162 subparagraph have been satisfied for a particular stage or phase 163 of development, all transportation impacts from that stage or 164 phase for which mitigation was required and provided shall be 165 deemed fully mitigated in any transportation analysis for a 166 subsequent stage or phase of development. Trips from a previous 167 stage or phase that did not result in impacts for which 168 mitigation was required or provided may be cumulatively analyzed 169 with trips from a subsequent stage or phase to determine whether 170 an impact requires mitigation for the subsequent stage or phase. 171 d.In projecting the number of trips to be generated by the 172 development under review, any trips assigned to a toll-financed 173 facility shall be eliminated from the analysis. 174 e.The applicant shall receive a credit on a dollar-for 175 dollar basis for impact fees, mobility fees, and other 176 transportation concurrency mitigation requirements paid or 177 payable in the future for the project. The credit shall be 178 reduced up to 20 percent by the percentage share that the 179 projects traffic represents of the added capacity of the 180 selected improvement, or by the amount specified by local 181 ordinance, whichever yields the greater credit. 182 3.This subsection does not require a local government to 183 approve a development that, for reasons other than 184 transportation impacts, is not qualified for approval pursuant 185 to the applicable local comprehensive plan and land development 186 regulations. 187 4.As used in this subsection, the term transportation 188 deficiency means a facility or facilities on which the adopted 189 level-of-service standard is exceeded by the existing, 190 committed, and vested trips, plus additional projected 191 background trips from any source other than the development 192 project under review, and trips that are forecast by established 193 traffic standards, including traffic modeling, consistent with 194 the University of Floridas Bureau of Economic and Business 195 Research medium population projections. Additional projected 196 background trips are to be coincident with the particular stage 197 or phase of development under review. 198 (i)If a local government elects to repeal transportation 199 concurrency, the local government may it is encouraged to adopt 200 an alternative mobility planning and fee system, as provided in 201 s. 163.31803, or an alternative system that is not based on 202 mobility planning and a fee system. The local government funding 203 system that uses one or more of the tools and techniques 204 identified in paragraph (f). Any alternative mobility funding 205 system adopted may not use the alternative system be used to 206 deny, time, or phase an application for site plan approval, plat 207 approval, final subdivision approval, building permits, or the 208 functional equivalent of such approvals provided that the 209 developer agrees to pay for the developments identified 210 transportation impacts via the funding mechanism implemented by 211 the local government. The revenue from the funding mechanism 212 used in the alternative system must be used to implement the 213 needs of the local governments plan which serves as the basis 214 for the fee imposed. The alternative system A mobility fee-based 215 funding system must comply with s. 163.31801 governing impact 216 fees. An alternative system may not impose that is not mobility 217 fee-based shall not be applied in a manner that imposes upon new 218 development any responsibility for funding an existing 219 transportation deficiency as defined in paragraph (h). 220 Section 3.Paragraph (a) of subsection (4), paragraph (a) 221 of subsection (5), and paragraph (g) of subsection (6) of 222 section 163.31801, Florida Statutes, are amended to read: 223 163.31801Impact fees; short title; intent; minimum 224 requirements; audits; challenges. 225 (4)At a minimum, each local government that adopts and 226 collects an impact fee by ordinance and each special district 227 that adopts, collects, and administers an impact fee by 228 resolution must: 229 (a)Ensure that the calculation of the impact fee is based 230 on the most recent and localized data available within the 231 previous 12 months before adoption. 232 (5)(a)Notwithstanding any charter provision, comprehensive 233 plan policy, ordinance, development order, development permit, 234 or resolution, the local government or special district that 235 requires an improvement or a contribution must credit against 236 the collection of the impact fee any contribution, whether 237 identified in a developmental order, proportionate share 238 agreement, or any other form of exaction, related to public 239 facilities or infrastructure, including monetary contributions, 240 land dedication, site planning and design, or construction. Any 241 contribution must be applied on a dollar-for-dollar basis at 242 fair market value to reduce any impact fee collected for the 243 general category or class of public facilities or infrastructure 244 for which the contribution was made. 245 (6)A local government, school district, or special 246 district may increase an impact fee only as provided in this 247 subsection. 248 (g)A local government, school district, or special 249 district may increase an impact fee rate beyond the phase-in 250 limitations established under paragraph (b), paragraph (c), 251 paragraph (d), or paragraph (e) by establishing the need for 252 such increase in full compliance with the requirements of 253 subsection (4), provided the following criteria are met: 254 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 adoption of the impact fee increase and 258 expressly demonstrates the extraordinary circumstances 259 necessitating the need to exceed the phase-in limitations. 260 2.The local government jurisdiction has held not less than 261 two publicly noticed workshops dedicated to the extraordinary 262 circumstances necessitating the need to exceed the phase-in 263 limitations set forth in paragraph (b), paragraph (c), paragraph 264 (d), or paragraph (e). 265 3.The impact fee increase ordinance is approved by at 266 least a two-thirds vote of the governing body. 267 Section 4.Section 163.31803, Florida Statutes, is created 268 to read: 269 163.31803Mobility plans. 270 (1)This section establishes the method for the adoption 271 and implementation of a mobility plan as an alternative to 272 transportation concurrency under s. 163.3180(5). 273 (2)A mobility-fee-based funding system must comply with 274 this section and s. 163.31801 governing impact fees. 275 (3)A mobility plan: 276 (a)May include existing and emerging transportation 277 technologies that reduce dependence on motor vehicle capacity. 278 (b)May not be based solely on adding motor vehicle 279 capacity. 280 (c)Must reflect modes of travel and emerging 281 transportation technologies that reduce dependence on motor 282 vehicle capacity established in the local governments 283 comprehensive plan. 284 (d)Must identify multimodal projects, consisting of 285 improvements, services, and programs, which increase the 286 capacity needed to meet future travel demands. 287 (4)A transportation impact fee or fee that is not a 288 mobility-based fee may not be imposed within the area designated 289 for the imposition of a mobility fee by a local government 290 mobility plan. 291 (5)A mobility fee, fee update, or fee increase must be 292 based on the mobility plan, may not rely solely on motor vehicle 293 capacity, and must be used exclusively to implement the mobility 294 plan. 295 (6)A mobility fee must be updated at least once within 5 296 years after the date that the fee is adopted or after it is 297 updated. A mobility fee that is not updated as provided in this 298 subsection is void. A local government considering a mobility 299 fee update may not consider annual inflation adjustments or any 300 phased-in fees to meet the requirements of this subsection. 301 (7)The mobility fee may not be based on recurring 302 transportation costs. 303 (8)The mobility fee must fully mitigate the subject 304 developments or redevelopments full transportation impacts. 305 (9)A local government adopting a mobility plan and 306 mobility-fee-based funding system for transportation mitigation 307 must comply with all of the following: 308 (a)Beginning on September 1, 2023, a new mobility fee, fee 309 update, or fee increase must be based on an adopted mobility 310 plan. 311 (b)In addition to meeting the requirements of s. 312 163.31801, mobility fees must be calculated using all of the 313 following criteria: 314 1.Projected increases in population, employment, and motor 315 vehicle travel demand and per-person travel demand. 316 2.Areawide road levels of service or quality of service 317 standards and multimodal quality of service standards for modes 318 of travel included in the mobility plan. 319 3.Multimodal projects identified in the mobility plan 320 which are attributable to, and meet the travel demands of, new 321 development and redevelopment and which include capacities based 322 on service standards and projected costs. 323 4.An evaluation of current and future travel conditions to 324 ensure that new development and redevelopment are not charged 325 for backlog and associated capacity deficiencies. 326 5.An evaluation of the projected increases in per-person 327 travel demand and system capacity to calculate the fair share of 328 multimodal capacity and the costs of multimodal projects which 329 are assignable and attributable to new development and 330 redevelopment. 331 6.Per-person travel demand corresponding to the 332 transportation impact assigned to uses included in the mobility 333 fee schedule based on trip generation, new trips, per-person 334 travel demand, per-person trip lengths, excluded travel on 335 limited access facilities, and adjustments for origin and 336 destination of travel. 337 (c)Per-person travel demand data must be localized, 338 reflecting differences in the need for multimodal projects and 339 travel within urban areas based on reduced trip lengths and the 340 availability of existing transportation infrastructure. 341 (d)A local government may recognize reductions in per 342 person travel demand for affordable housing and economic 343 development projects. 344 (e)Any calculation of per-person travel demand must ensure 345 that new development and redevelopment are not assessed twice 346 for the same transportation impact. 347 (10)A mobility fee collected for a specific transportation 348 mitigation improvement must be expended or committed for an 349 identified project within 6 years after the date of collection 350 or must be returned to the applicant who paid the fee. For 351 purposes of this subsection, an expenditure is deemed committed 352 if the preliminary design, right-of-way, or detailed design for 353 the project is completed and construction will commence within 2 354 years. 355 (11)A local government issuing a building permit for 356 development or redevelopment within its jurisdiction shall 357 develop a mobility fee based on the adopted mobility plan to 358 ensure that the transportation impacts of the new development or 359 redevelopment project are fully mitigated. Another local 360 government may not charge new development or redevelopment fees 361 for the same travel demand, capacity, and improvements assessed 362 by the governmental entity that issued the building permit. 363 (12)Local governments are encouraged to coordinate with 364 other affected local governments to identify multimodal 365 projects, capacity improvements, full costs, and timing of 366 improvements in mobility plans with other affected local 367 governments to address interjurisdictional and 368 extrajurisdictional impacts. The coordination is encouraged to 369 identify measurable factors addressing all of the following: 370 (a)The share of per-person travel demand which each local 371 government should assess. 372 (b)The proportion of costs of multimodal projects to be 373 included in the mobility fee calculations. 374 (c)Which entity will construct the multimodal projects. 375 (d)If necessary, whether the projected future ownership of 376 the multimodal project and underlying facility should be 377 transferred from the affected local government to the local 378 government adopting the mobility fee. Any mobility fee, impact 379 fee, or other transportation mitigation exaction other than the 380 one assessed by the local government issuing the building 381 permits must include the same benefit reductions in per-person 382 travel demand for affordable housing, economic development, 383 urban areas, and mixed-use development. 384 (13)A local government adopting a mobility fee system and 385 a local government assessing a transportation exaction for 386 interjurisdictional and extrajurisdictional impacts have the 387 burden of proving by a preponderance of the evidence that the 388 imposition or amount of the fee or exaction meets the 389 requirements of this section. A court may not use a deferential 390 standard for the benefit of the local government. 391 (14)Mobility fee credits must comply with s. 163.31801 in 392 any mode that creates equivalent capacity that is designated in 393 a local government capital improvements list. 394 (15)The holder of any transportation or road impact fee 395 credits granted under s. 163.3180, s. 380.06, or any other 396 provision which were in existence before the adoption of the 397 mobility-fee-based funding system is entitled to the full 398 benefit of the intensity and density prepaid by the credit 399 balance as of the date the impact fee was first established. 400 (16)Payment by a development of the authorizing local 401 governments adopted mobility fee is deemed to fully mitigate 402 the developments full transportation impacts. 403 Section 5.Paragraph (d) of subsection (2) of section 404 212.055, Florida Statutes, is amended to read: 405 212.055Discretionary sales surtaxes; legislative intent; 406 authorization and use of proceeds.It is the legislative intent 407 that any authorization for imposition of a discretionary sales 408 surtax shall be published in the Florida Statutes as a 409 subsection of this section, irrespective of the duration of the 410 levy. Each enactment shall specify the types of counties 411 authorized to levy; the rate or rates which may be imposed; the 412 maximum length of time the surtax may be imposed, if any; the 413 procedure which must be followed to secure voter approval, if 414 required; the purpose for which the proceeds may be expended; 415 and such other requirements as the Legislature may provide. 416 Taxable transactions and administrative procedures shall be as 417 provided in s. 212.054. 418 (2)LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. 419 (d)The proceeds of the surtax authorized by this 420 subsection and any accrued interest shall be expended by the 421 school district, within the county and municipalities within the 422 county, or, in the case of a negotiated joint county agreement, 423 within another county, to finance, plan, and construct 424 infrastructure; to acquire any interest in land for public 425 recreation, conservation, or protection of natural resources or 426 to prevent or satisfy private property rights claims resulting 427 from limitations imposed by the designation of an area of 428 critical state concern; to provide loans, grants, or rebates to 429 residential or commercial property owners who make energy 430 efficiency improvements to their residential or commercial 431 property, if a local government ordinance authorizing such use 432 is approved by referendum; or to finance the closure of county 433 owned or municipally owned solid waste landfills that have been 434 closed or are required to be closed by order of the Department 435 of Environmental Protection. Any use of the proceeds or interest 436 for purposes of landfill closure before July 1, 1993, is 437 ratified. The proceeds and any interest may not be used for the 438 operational expenses of infrastructure, except that a county 439 that has a population of fewer than 75,000 and that is required 440 to close a landfill may use the proceeds or interest for long 441 term maintenance costs associated with landfill closure. 442 Counties, as defined in s. 125.011, and charter counties may, in 443 addition, use the proceeds or interest to retire or service 444 indebtedness incurred for bonds issued before July 1, 1987, for 445 infrastructure purposes, and for bonds subsequently issued to 446 refund such bonds. Any use of the proceeds or interest for 447 purposes of retiring or servicing indebtedness incurred for 448 refunding bonds before July 1, 1999, is ratified. 449 1.For the purposes of this paragraph, the term 450 infrastructure means: 451 a.Any fixed capital expenditure or fixed capital outlay 452 associated with the construction, reconstruction, or improvement 453 of public facilities that have a life expectancy of 5 or more 454 years, any related land acquisition, land improvement, design, 455 and engineering costs, and all other professional and related 456 costs required to bring the public facilities into service. For 457 purposes of this sub-subparagraph, the term public facilities 458 means facilities as defined in s. 163.3164(41) s. 163.3164(39), 459 s. 163.3221(13), or s. 189.012(5), and includes facilities that 460 are necessary to carry out governmental purposes, including, but 461 not limited to, fire stations, general governmental office 462 buildings, and animal shelters, regardless of whether the 463 facilities are owned by the local taxing authority or another 464 governmental entity. 465 b.A fire department vehicle, an emergency medical service 466 vehicle, a sheriffs office vehicle, a police department 467 vehicle, or any other vehicle, and the equipment necessary to 468 outfit the vehicle for its official use or equipment that has a 469 life expectancy of at least 5 years. 470 c.Any expenditure for the construction, lease, or 471 maintenance of, or provision of utilities or security for, 472 facilities, as defined in s. 29.008. 473 d.Any fixed capital expenditure or fixed capital outlay 474 associated with the improvement of private facilities that have 475 a life expectancy of 5 or more years and that the owner agrees 476 to make available for use on a temporary basis as needed by a 477 local government as a public emergency shelter or a staging area 478 for emergency response equipment during an emergency officially 479 declared by the state or by the local government under s. 480 252.38. Such improvements are limited to those necessary to 481 comply with current standards for public emergency evacuation 482 shelters. The owner must enter into a written contract with the 483 local government providing the improvement funding to make the 484 private facility available to the public for purposes of 485 emergency shelter at no cost to the local government for a 486 minimum of 10 years after completion of the improvement, with 487 the provision that the obligation will transfer to any 488 subsequent owner until the end of the minimum period. 489 e.Any land acquisition expenditure for a residential 490 housing project in which at least 30 percent of the units are 491 affordable to individuals or families whose total annual 492 household income does not exceed 120 percent of the area median 493 income adjusted for household size, if the land is owned by a 494 local government or by a special district that enters into a 495 written agreement with the local government to provide such 496 housing. The local government or special district may enter into 497 a ground lease with a public or private person or entity for 498 nominal or other consideration for the construction of the 499 residential housing project on land acquired pursuant to this 500 sub-subparagraph. 501 f.Instructional technology used solely in a school 502 districts classrooms. As used in this sub-subparagraph, the 503 term instructional technology means an interactive device that 504 assists a teacher in instructing a class or a group of students 505 and includes the necessary hardware and software to operate the 506 interactive device. The term also includes support systems in 507 which an interactive device may mount and is not required to be 508 affixed to the facilities. 509 2.For the purposes of this paragraph, the term energy 510 efficiency improvement means any energy conservation and 511 efficiency improvement that reduces consumption through 512 conservation or a more efficient use of electricity, natural 513 gas, propane, or other forms of energy on the property, 514 including, but not limited to, air sealing; installation of 515 insulation; installation of energy-efficient heating, cooling, 516 or ventilation systems; installation of solar panels; building 517 modifications to increase the use of daylight or shade; 518 replacement of windows; installation of energy controls or 519 energy recovery systems; installation of electric vehicle 520 charging equipment; installation of systems for natural gas fuel 521 as defined in s. 206.9951; and installation of efficient 522 lighting equipment. 523 3.Notwithstanding any other provision of this subsection, 524 a local government infrastructure surtax imposed or extended 525 after July 1, 1998, may allocate up to 15 percent of the surtax 526 proceeds for deposit into a trust fund within the countys 527 accounts created for the purpose of funding economic development 528 projects having a general public purpose of improving local 529 economies, including the funding of operational costs and 530 incentives related to economic development. The ballot statement 531 must indicate the intention to make an allocation under the 532 authority of this subparagraph. 533 Section 6.This act shall take effect July 1, 2023.