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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
plan 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 associated with 15
new development or redevelopment that occurs within 16
such governments' jurisdiction; requiring local 17
governments that issue building permits to collect for 18
extrajurisdictional impacts; prohibiting local 19
governments from assessing multiple charges for the 20
same transportation impact; amending s. 163.31801, 21
F.S.; revising requirements for the calculation of 22
impact fees by certain local governments and special 23
districts; requiring local governments transitioning 24
to alternative funding systems to provide holders of 25
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impact fee credits with full benefit of intensity and 26
density of prepaid credit balances as of a specified 27
date in certain circumstances; amending s. 212.055, 28
F.S.; conforming a cross -reference; providing an 29
effective date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. Subsections (32 ) through (52) of section 34
163.3164, Florida Statutes, are renumbered as subsections (34) 35
through (54), respectively, and new subsections (32) and (33) 36
are added to that section, to read: 37
163.3164 Community Planning Act; definitions. —As used in 38
this act: 39
(32) "Mobility fee" means a local government fee schedule 40
established by ordinance and based on the projects included in 41
the local government's adopted mobility plan. 42
(33) "Mobility plan" means an integrated land use and 43
alternative mobility transporta tion plan adopted into a local 44
government comprehensive plan that promotes a compact, mixed -45
use, and interconnected development served by a multimodal 46
transportation system in an area that is urban in character as 47
defined in s. 171.031. 48
Section 2. Paragraphs (h) and (i) of subsection (5) of 49
section 163.3180, Florida Statutes, are amended, and paragraph 50
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(j) is added to that subsection, to read: 51
163.3180 Concurrency. — 52
(5) 53
(h)1. Local governments that continue to implement a 54
transportation concurrency system, whether in the form adopted 55
into the comprehensive plan before the effective date of the 56
Community Planning Act, chapter 2011 -139, Laws of Florida, or as 57
subsequently modified, must: 58
a. Consult with the Department of Transportation when 59
proposed plan amendments affect facilities on the strategic 60
intermodal system. 61
b. Exempt public transit facilities from concurrency. For 62
the purposes of this sub -subparagraph, public transit facilities 63
include transit stations and terminals; transit station park ing; 64
park-and-ride lots; intermodal public transit connection or 65
transfer facilities; fixed bus, guideway, and rail stations; and 66
airport passenger terminals and concourses, air cargo 67
facilities, and hangars for the assembly, manufacture, 68
maintenance, or storage of aircraft. As used in this sub -69
subparagraph, the terms "terminals" and "transit facilities" do 70
not include seaports or commercial or residential development 71
constructed in conjunction with a public transit facility. 72
c. Allow an applicant for a d evelopment-of-regional-impact 73
development order, development agreement, rezoning, or other 74
land use development permit to satisfy the transportation 75
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concurrency requirements of the local comprehensive plan, the 76
local government's concurrency management sys tem, and s. 380.06, 77
when applicable, if: 78
(I) The applicant in good faith offers to enter into a 79
binding agreement to pay for or construct its proportionate 80
share of required improvements in a manner consistent with this 81
subsection. The agreement must pro vide that after an applicant 82
makes its contribution or constructs its proportionate share 83
pursuant to this sub -sub-subparagraph, the project shall be 84
considered to have mitigated its transportation impacts and be 85
allowed to proceed. 86
(II) The proportionate -share contribution or construction 87
is sufficient to accomplish one or more mobility improvements 88
that will benefit a regionally significant transportation 89
facility. A local government may accept contributions from 90
multiple applicants for a planned improvement if it maintains 91
contributions in a separate account designated for that purpose. 92
A local government may not prevent a single applicant from 93
proceeding after the applicant has satisfied its proportionate -94
share contribution. 95
d. Provide the basis upon which the landowners will be 96
assessed a proportionate share of the cost addressing the 97
transportation impacts resulting from a proposed development. 98
2. An applicant shall not be held responsible for the 99
additional cost of reducing or eliminating deficiencies. When an 100
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applicant contributes or constructs its proportionate share 101
pursuant to this paragraph, a local government may not require 102
payment or construction of transportation facilities whose costs 103
would be greater than a develop ment's proportionate share of the 104
improvements necessary to mitigate the development's impacts. 105
a. The proportionate -share contribution shall be 106
calculated based upon the number of trips from the proposed 107
development expected to reach roadways during the peak hour from 108
the stage or phase being approved, divided by the change in the 109
peak hour maximum service volume of roadways resulting from 110
construction of an improvement necessary to maintain or achieve 111
the adopted level of service, multiplied by the cons truction 112
cost, at the time of development payment, of the improvement 113
necessary to maintain or achieve the adopted level of service. 114
b. In using the proportionate -share formula provided in 115
this subparagraph, the applicant, in its traffic analysis, shall 116
identify those roads or facilities that have a transportation 117
deficiency in accordance with the transportation deficiency as 118
defined in subparagraph 4. The proportionate -share formula 119
provided in this subparagraph shall be applied only to those 120
facilities that are determined to be significantly impacted by 121
the project traffic under review. If any road is determined to 122
be transportation deficient without the project traffic under 123
review, the costs of correcting that deficiency shall be removed 124
from the project's proportionate-share calculation and the 125
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necessary transportation improvements to correct that deficiency 126
shall be considered to be in place for purposes of the 127
proportionate-share calculation. The improvement necessary to 128
correct the transportation de ficiency is the funding 129
responsibility of the entity that has maintenance responsibility 130
for the facility. The development's proportionate share shall be 131
calculated only for the needed transportation improvements that 132
are greater than the identified defici ency. 133
c. When the provisions of subparagraph 1. and this 134
subparagraph have been satisfied for a particular stage or phase 135
of development, all transportation impacts from that stage or 136
phase for which mitigation was required and provided shall be 137
deemed fully mitigated in any transportation analysis for a 138
subsequent stage or phase of development. Trips from a previous 139
stage or phase that did not result in impacts for which 140
mitigation was required or provided may be cumulatively analyzed 141
with trips from a subsequent stage or phase to determine whether 142
an impact requires mitigation for the subsequent stage or phase. 143
d. In projecting the number of trips to be generated by 144
the development under review, any trips assigned to a toll -145
financed facility shall be e liminated from the analysis. 146
e. The applicant shall receive a credit on a dollar -for-147
dollar basis for impact fees, mobility fees, and other 148
transportation concurrency mitigation requirements paid or 149
payable in the future for the project. The credit shall be 150
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reduced up to 20 percent by the percentage share that the 151
project's traffic represents of the added capacity of the 152
selected improvement, or by the amount specified by local 153
ordinance, whichever yields the greater credit. 154
3. This subsection does not require a local government to 155
approve a development that, for reasons other than 156
transportation impacts, is not qualified for approval pursuant 157
to the applicable local comprehensive plan and land development 158
regulations. 159
4. As used in this subsection, th e term "transportation 160
deficiency" means a facility or facilities on which the adopted 161
level-of-service standard is exceeded by the existing, 162
committed, and vested trips, plus additional projected 163
background trips from any source other than the development 164
project under review, and trips that are forecast by established 165
traffic standards, including traffic modeling, consistent with 166
the University of Florida's Bureau of Economic and Business 167
Research medium population projections. Additional projected 168
background trips are to be coincident with the particular stage 169
or phase of development under review. 170
(i) If a local government elects to repeal transportation 171
concurrency, the local government may it is encouraged to adopt 172
an alternative mobility plan and fee funding system or an 173
alternative system that is not mobility plan and fee based. The 174
local government that uses one or more of the tools and 175
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techniques identified in paragraph (f). Any alternative mobility 176
funding system adopted may not use an alternative system be used 177
to deny, time, or phase an application for site plan approval, 178
plat approval, final subdivision approval, building permits, or 179
the functional equivalent of such approvals provided that the 180
developer agrees to pay for the development's ident ified 181
transportation impacts via the funding mechanism implemented by 182
the local government. The revenue from the funding mechanism 183
used in the alternative system must be used to implement the 184
needs of the local government's plan which serves as the basis 185
for the fee imposed. An alternative A mobility fee-based funding 186
system must comply with s. 163.31801 governing impact fees. An 187
alternative system may not impose that is not mobility fee -based 188
shall not be applied in a manner that imposes upon new 189
development any responsibility for funding an existing 190
transportation deficiency as defined in paragraph (h). 191
(j) Only the local government issuing the building permit 192
may charge for transportation capacity impacts associated with 193
new development or redevelopment that occurs within its 194
jurisdiction. Such local government must collect and account for 195
any extrajurisdictional impacts pursuant to s. 163.3177(6)(h), 196
regardless of whether it implements a transportation concurrency 197
system or an alternative system. A loca l government may not 198
charge new development or redevelopment for the same 199
transportation impacts. 200
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Section 3. Paragraph (a) of subsection (4), paragraph (a) 201
of subsection (5), and subsection (7) of section 163.31801, 202
Florida Statutes, are amended to rea d: 203
163.31801 Impact fees; short title; intent; minimum 204
requirements; audits; challenges. — 205
(4) At a minimum, each local government that adopts and 206
collects an impact fee by ordinance and each special district 207
that adopts, collects, and administers an im pact fee by 208
resolution must: 209
(a) Ensure that the calculation of the impact fee is based 210
on the most recent and localized data available within the 211
previous 12 months before adoption if the ordinance or 212
resolution increases the impact fee . 213
(5)(a) Notwithstanding any charter provision, 214
comprehensive plan policy, ordinance, development order, 215
development permit, or resolution, the local government or 216
special district that requires any improvement or contribution 217
must credit against the collection of the im pact fee any 218
contribution, whether identified in a development order, 219
proportionate share agreement , or any other form of exaction, 220
related to public facilities or infrastructure, including 221
monetary contributions, land dedication, site planning and 222
design, or construction. Any contribution must be applied on a 223
dollar-for-dollar basis at fair market value to reduce any 224
impact fee collected for the general category or class of public 225
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facilities or infrastructure for which the contribution was 226
made. 227
(7) If an impact fee is increased, the holder of any 228
impact fee credits, whether such credits are granted under s. 229
163.3180, s. 380.06, or otherwise, which were in existence 230
before the increase, is entitled to the full benefit of the 231
intensity or density prepaid b y the credit balance as of the 232
date it was first established. If a local government adopts an 233
alternative funding system pursuant to s. 163.3180(5)(i), the 234
holder of any transportation or road impact fee credits granted 235
under s. 163.3180 or s. 380.06 or ot herwise that were in 236
existence before the adoption of the alternative funding system 237
is entitled to the full benefit of the intensity and density 238
prepaid by the credit balance as of the date the alternative 239
funding system was first established. 240
Section 4. Paragraph (d) of subsection (2) of section 241
212.055, Florida Statutes, is amended to read: 242
212.055 Discretionary sales surtaxes; legislative intent; 243
authorization and use of proceeds. —It is the legislative intent 244
that any authorization for imposition of a discretionary sales 245
surtax shall be published in the Florida Statutes as a 246
subsection of this section, irrespective of the duration of the 247
levy. Each enactment shall specify the types of counties 248
authorized to levy; the rate or rates which may be impo sed; the 249
maximum length of time the surtax may be imposed, if any; the 250
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procedure which must be followed to secure voter approval, if 251
required; the purpose for which the proceeds may be expended; 252
and such other requirements as the Legislature may provide. 253
Taxable transactions and administrative procedures shall be as 254
provided in s. 212.054. 255
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. — 256
(d) The proceeds of the surtax authorized by this 257
subsection and any accrued interest shall be expended by the 258
school district, within the county and municipalities within the 259
county, or, in the case of a negotiated joint county agreement, 260
within another county, to finance, plan, and construct 261
infrastructure; to acquire any interest in land for public 262
recreation, conservatio n, or protection of natural resources or 263
to prevent or satisfy private property rights claims resulting 264
from limitations imposed by the designation of an area of 265
critical state concern; to provide loans, grants, or rebates to 266
residential or commercial prop erty owners who make energy 267
efficiency improvements to their residential or commercial 268
property, if a local government ordinance authorizing such use 269
is approved by referendum; or to finance the closure of county -270
owned or municipally owned solid waste land fills that have been 271
closed or are required to be closed by order of the Department 272
of Environmental Protection. Any use of the proceeds or interest 273
for purposes of landfill closure before July 1, 1993, is 274
ratified. The proceeds and any interest may not be used for the 275
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operational expenses of infrastructure, except that a county 276
that has a population of fewer than 75,000 and that is required 277
to close a landfill may use the proceeds or interest for long -278
term maintenance costs associated with landfill closure . 279
Counties, as defined in s. 125.011, and charter counties may, in 280
addition, use the proceeds or interest to retire or service 281
indebtedness incurred for bonds issued before July 1, 1987, for 282
infrastructure purposes, and for bonds subsequently issued to 283
refund such bonds. Any use of the proceeds or interest for 284
purposes of retiring or servicing indebtedness incurred for 285
refunding bonds before July 1, 1999, is ratified. 286
1. For the purposes of this paragraph, the term 287
"infrastructure" means: 288
a. Any fixed capital expenditure or fixed capital outlay 289
associated with the construction, reconstruction, or improvement 290
of public facilities that have a life expectancy of 5 or more 291
years, any related land acquisition, land improvement, design, 292
and engineering costs, and all other professional and related 293
costs required to bring the public facilities into service. For 294
purposes of this sub -subparagraph, the term "public facilities" 295
means facilities as defined in s. 163.3164(41) s. 163.3164(39), 296
s. 163.3221(13), or s. 18 9.012(5), and includes facilities that 297
are necessary to carry out governmental purposes, including, but 298
not limited to, fire stations, general governmental office 299
buildings, and animal shelters, regardless of whether the 300
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facilities are owned by the local t axing authority or another 301
governmental entity. 302
b. A fire department vehicle, an emergency medical service 303
vehicle, a sheriff's office vehicle, a police department 304
vehicle, or any other vehicle, and the equipment necessary to 305
outfit the vehicle for its o fficial use or equipment that has a 306
life expectancy of at least 5 years. 307
c. Any expenditure for the construction, lease, or 308
maintenance of, or provision of utilities or security for, 309
facilities, as defined in s. 29.008. 310
d. Any fixed capital expenditure or fixed capital outlay 311
associated with the improvement of private facilities that have 312
a life expectancy of 5 or more years and that the owner agrees 313
to make available for use on a temporary basis as needed by a 314
local government as a public emergency she lter or a staging area 315
for emergency response equipment during an emergency officially 316
declared by the state or by the local government under s. 317
252.38. Such improvements are limited to those necessary to 318
comply with current standards for public emergency evacuation 319
shelters. The owner must enter into a written contract with the 320
local government providing the improvement funding to make the 321
private facility available to the public for purposes of 322
emergency shelter at no cost to the local government for a 323
minimum of 10 years after completion of the improvement, with 324
the provision that the obligation will transfer to any 325
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subsequent owner until the end of the minimum period. 326
e. Any land acquisition expenditure for a residential 327
housing project in which at lea st 30 percent of the units are 328
affordable to individuals or families whose total annual 329
household income does not exceed 120 percent of the area median 330
income adjusted for household size, if the land is owned by a 331
local government or by a special district that enters into a 332
written agreement with the local government to provide such 333
housing. The local government or special district may enter into 334
a ground lease with a public or private person or entity for 335
nominal or other consideration for the construction of the 336
residential housing project on land acquired pursuant to this 337
sub-subparagraph. 338
f. Instructional technology used solely in a school 339
district's classrooms. As used in this sub -subparagraph, the 340
term "instructional technology" means an interactive device that 341
assists a teacher in instructing a class or a group of students 342
and includes the necessary hardware and software to operate the 343
interactive device. The term also includes support systems in 344
which an interactive device may mount and is not requi red to be 345
affixed to the facilities. 346
2. For the purposes of this paragraph, the term "energy 347
efficiency improvement" means any energy conservation and 348
efficiency improvement that reduces consumption through 349
conservation or a more efficient use of electricity, natural 350
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gas, propane, or other f orms of energy on the property, 351
including, but not limited to, air sealing; installation of 352
insulation; installation of energy -efficient heating, cooling, 353
or ventilation systems; installation of solar panels; building 354
modifications to increase the use of d aylight or shade; 355
replacement of windows; installation of energy controls or 356
energy recovery systems; installation of electric vehicle 357
charging equipment; installation of systems for natural gas fuel 358
as defined in s. 206.9951; and installation of efficient 359
lighting equipment. 360
3. Notwithstanding any other provision of this subsection, 361
a local government infrastructure surtax imposed or extended 362
after July 1, 1998, may allocate up to 15 percent of the surtax 363
proceeds for deposit into a trust fund within the county's 364
accounts created for the purpose of funding economic development 365
projects having a general public purpose of improving local 366
economies, including the funding of operational costs and 367
incentives related to economic development. The ballot statemen t 368
must indicate the intention to make an allocation under the 369
authority of this subparagraph. 370
Section 5. This act shall take effect July 1, 2024. 371