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1
An act relating to alternative mobility funding 2
systems and impact fees; amending s. 163.3164, F.S.; 3
providing definitions; amending s. 163.3180, F.S.; 4
revising requirements relating to agreements to pay 5
for or construct certain improvements; authorizing 6
certain local governments to adopt an alternative 7
transportation system that is mobility -plan and fee-8
based in certain circumstances; prohibiting an 9
alternative transportation system from imposing 10
responsibility for funding an existing transportation 11
deficiency upon new development; requiring counties 12
and municipalities to create and execute interlocal 13
agreements if a developer is charged a fee for 14
transportation impacts for a new development or 15
redevelopment; providing requirements for such 16
agreements; providing requirements for when such 17
interlocal agreements are not executed by a specified 18
date; authorizing a local government that issues the 19
building permit to collect a fee for transportation 20
impacts under certain circumstances unless otherwise 21
agreed; amending s. 163.31801, F.S.; revising 22
requirements for the calculation of impact fees by 23
certain local governments and special districts; 24
requiring local governments transitioning to 25
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alternative transportation systems to provide holders 26
of impact fee credits with full benefit of intensity 27
and density of prepaid credit balances as of a 28
specified date in certain circumstances; amending s. 29
212.055, F.S.; confor ming a cross-reference; providing 30
an effective date. 31
32
Be It Enacted by the Legislature of the State of Florida: 33
34
Section 1. Subsections (32) through (52) of section 35
163.3164, Florida Statutes, are renumbered as subsections (34) 36
through (54), respec tively, and new subsections (32) and (33) 37
are added to that section, to read: 38
163.3164 Community Planning Act; definitions. —As used in 39
this act: 40
(32) "Mobility fee" means a local government fee schedule 41
established by ordinance and based on the project s included in 42
the local government's adopted mobility plan. 43
(33) "Mobility plan" means an alternative transportation 44
system mobility study developed by using a plan -based 45
methodology and adopted into a local government comprehensive 46
plan that promotes a compact, mixed use, and interconnected 47
development served by a multimodal transportation system in an 48
area that is urban in character, or designated to be urban in 49
character, as defined in s. 171.031. 50
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Section 2. Paragraphs (h) and (i) of subsection (5) of 51
section 163.3180, Florida Statutes, are amended, and paragraph 52
(j) is added to that subsection, to read: 53
163.3180 Concurrency. — 54
(5) 55
(h)1. Local governments that continue to implement a 56
transportation concurrency system, whether in the form adopted 57
into the comprehensive plan before the effective date of the 58
Community Planning Act, chapter 2011 -139, Laws of Florida, or as 59
subsequently modified, must: 60
a. Consult with the Department of Transportation when 61
proposed plan amendments affect facilities o n the strategic 62
intermodal system. 63
b. Exempt public transit facilities from concurrency. For 64
the purposes of this sub -subparagraph, public transit facilities 65
include transit stations and terminals; transit station parking; 66
park-and-ride lots; intermodal public transit connection or 67
transfer facilities; fixed bus, guideway, and rail stations; and 68
airport passenger terminals and concourses, air cargo 69
facilities, and hangars for the assembly, manufacture, 70
maintenance, or storage of aircraft. As used in this sub-71
subparagraph, the terms "terminals" and "transit facilities" do 72
not include seaports or commercial or residential development 73
constructed in conjunction with a public transit facility. 74
c. Allow an applicant for a development -of-regional-impact 75
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development order, development agreement, rezoning, or other 76
land use development permit to satisfy the transportation 77
concurrency requirements of the local comprehensive plan, the 78
local government's concurrency management system, and s. 380.06, 79
when applicable, if: 80
(I) The applicant in good faith offers to enter into a 81
binding agreement to pay for or construct its proportionate 82
share of required improvements in a manner consistent with this 83
subsection. The agreement must provide that after an applicant 84
makes its contribution or constructs its proportionate share 85
pursuant to this sub -sub-subparagraph, the project shall be 86
considered to have mitigated its transportation impacts and be 87
allowed to proceed if the applicant has satisfied all other 88
local government development requirements for the project. 89
(II) The proportionate -share contribution or construction 90
is sufficient to accomplish one or more mobility improvements 91
that will benefit a regionally significant transportation 92
facility. A local government may accept contributions from 93
multiple applicants for a planned improvement if it maintains 94
contributions in a separate account designated for that purpose. 95
A local government may not prevent a single applicant from 96
proceeding after the applicant has satisfied its proportionate -97
share requirement if the applicant has satisfied all other local 98
government development requirements for the project. 99
d. Provide the basis upon which the landowners will be 100
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assessed a proportionate shar e of the cost addressing the 101
transportation impacts resulting from a proposed development. 102
2. An applicant shall not be held responsible for the 103
additional cost of reducing or eliminating deficiencies. When an 104
applicant contributes or constructs its prop ortionate share 105
pursuant to this paragraph, a local government may not require 106
payment or construction of transportation facilities whose costs 107
would be greater than a development's proportionate share of the 108
improvements necessary to mitigate the developm ent's impacts. 109
a. The proportionate -share contribution shall be 110
calculated based upon the number of trips from the proposed 111
development expected to reach roadways during the peak hour from 112
the stage or phase being approved, divided by the change in the 113
peak hour maximum service volume of roadways resulting from 114
construction of an improvement necessary to maintain or achieve 115
the adopted level of service, multiplied by the construction 116
cost, at the time of development payment, of the improvement 117
necessary to maintain or achieve the adopted level of service. 118
b. In using the proportionate -share formula provided in 119
this subparagraph, the applicant, in its traffic analysis, shall 120
identify those roads or facilities that have a transportation 121
deficiency in accordance with the transportation deficiency as 122
defined in subparagraph 4. The proportionate -share formula 123
provided in this subparagraph shall be applied only to those 124
facilities that are determined to be significantly impacted by 125
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the project traffic under rev iew. If any road is determined to 126
be transportation deficient without the project traffic under 127
review, the costs of correcting that deficiency shall be removed 128
from the project's proportionate -share calculation and the 129
necessary transportation improvement s to correct that deficiency 130
shall be considered to be in place for purposes of the 131
proportionate-share calculation. The improvement necessary to 132
correct the transportation deficiency is the funding 133
responsibility of the entity that has maintenance respons ibility 134
for the facility. The development's proportionate share shall be 135
calculated only for the needed transportation improvements that 136
are greater than the identified deficiency. 137
c. When the provisions of subparagraph 1. and this 138
subparagraph have been satisfied for a particular stage or phase 139
of development, all transportation impacts from that stage or 140
phase for which mitigation was required and provided shall be 141
deemed fully mitigated in any transportation analysis for a 142
subsequent stage or phase of development. Trips from a previous 143
stage or phase that did not result in impacts for which 144
mitigation was required or provided may be cumulatively analyzed 145
with trips from a subsequent stage or phase to determine whether 146
an impact requires mitigation for t he subsequent stage or phase. 147
d. In projecting the number of trips to be generated by 148
the development under review, any trips assigned to a toll -149
financed facility shall be eliminated from the analysis. 150
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e. The applicant shall receive a credit on a dolla r-for-151
dollar basis for impact fees, mobility fees, and other 152
transportation concurrency mitigation requirements paid or 153
payable in the future for the project. The credit shall be 154
reduced up to 20 percent by the percentage share that the 155
project's traffic represents of the added capacity of the 156
selected improvement, or by the amount specified by local 157
ordinance, whichever yields the greater credit. 158
3. This subsection does not require a local government to 159
approve a development that, for reasons other than 160
transportation impacts, is not qualified for approval pursuant 161
to the applicable local comprehensive plan and land development 162
regulations. 163
4. As used in this subsection, the term "transportation 164
deficiency" means a facility or facilities on which the ad opted 165
level-of-service standard is exceeded by the existing, 166
committed, and vested trips, plus additional projected 167
background trips from any source other than the development 168
project under review, and trips that are forecast by established 169
traffic standards, including traffic modeling, consistent with 170
the University of Florida's Bureau of Economic and Business 171
Research medium population projections. Additional projected 172
background trips are to be coincident with the particular stage 173
or phase of development under review. 174
(i) If a local government elects to repeal transportation 175
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concurrency, the local government may it is encouraged to adopt 176
an alternative transportation system that is mobility -plan and 177
fee-based or an alternative transportation system that is not 178
mobility-plan and fee-based. The local government mobility 179
funding system that uses one or more of the tools and techniques 180
identified in paragraph (f). Any alternative mobility funding 181
system adopted may not use an alternative transportation syste m 182
be used to deny, time, or phase an application for site plan 183
approval, plat approval, final subdivision approval, building 184
permits, or the functional equivalent of such approvals provided 185
that the developer agrees to pay for the development's 186
identified transportation impacts via the funding mechanism 187
implemented by the local government. The revenue from the 188
funding mechanism used in the alternative transportation system 189
must be used to implement the needs of the local government's 190
plan which serves as th e basis for the fee imposed. An 191
alternative transportation A mobility fee-based funding system 192
must comply with s. 163.31801 governing impact fees. An 193
alternative transportation system may not impose that is not 194
mobility fee-based shall not be applied in a manner that imposes 195
upon new development any responsibility for funding an existing 196
transportation deficiency as defined in paragraph (h). 197
(j)1. If a county and municipality charge the developer of 198
a new development or redevelopment a fee for transporta tion 199
capacity impacts, the county and municipality must create and 200
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execute an interlocal agreement to coordinate the mitigation of 201
their respective transportation capacity impacts. 202
2. The interlocal agreement must, at a minimum: 203
a. Ensure that any new development or redevelopment is not 204
charged twice for the same transportation capacity impacts. 205
b. Establish a plan -based methodology for determining the 206
legally permissible fee to be charged to a new development or 207
redevelopment. 208
c. Require the county or municipality issuing the building 209
permit to collect the fee, unless agreed to otherwise. 210
d. Provide a method for the proportionate distribution of 211
the revenue collected by the county or municipality to address 212
the transportation capacity impacts of a new development or 213
redevelopment, or provide a method of assigning responsibility 214
for the mitigation of the transportation capacity impacts 215
belonging to the county and the municipality. 216
3. By October 1, 2025, if an interlocal agreement is not 217
executed pursuant to this paragraph: 218
a. The fee charged to a new development or redevelopment 219
shall be based on the transportation capacity impacts 220
apportioned to the county and municipality as identified in the 221
developer's traffic impact study or the mobility pla n adopted by 222
the county or municipality. 223
b. The developer shall receive a 10 percent reduction in 224
the total fee calculated pursuant to sub -subparagraph a. 225
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c. The county or municipality issuing the building permit 226
must collect the fee charged pursuant t o sub-subparagraphs a. 227
and b. and distribute the proceeds of such fee to the county and 228
municipality within 60 days after the developer's payment. 229
4. This paragraph does not apply to: 230
a. A county as defined in s. 125.011(1). 231
b. A county or municipali ty that has entered into, or 232
otherwise updated, an existing interlocal agreement, as of 233
October 1, 2024, to coordinate the mitigation of transportation 234
impacts. However, if such existing interlocal agreement is 235
terminated, the affected county and municipal ity that have 236
entered into the agreement shall be subject to the requirements 237
of this paragraph unless the county and municipality mutually 238
agree to extend the existing interlocal agreement before the 239
expiration of the agreement. 240
Section 3. Paragraph ( a) of subsection (4), paragraph (a) 241
of subsection (5), and subsection (7) of section 163.31801, 242
Florida Statutes, are amended to read: 243
163.31801 Impact fees; short title; intent; minimum 244
requirements; audits; challenges. — 245
(4) At a minimum, each local g overnment that adopts and 246
collects an impact fee by ordinance and each special district 247
that adopts, collects, and administers an impact fee by 248
resolution must: 249
(a) Ensure that the calculation of the impact fee is based 250
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on a study using the most recent and localized data available 251
within 4 years of the current impact fee update. The new study 252
must be adopted by the local government within 12 months of the 253
initiation of the new impact fee study if the local government 254
increases the impact fee . 255
(5)(a) Notwithstanding any charter provision, 256
comprehensive plan policy, ordinance, development order, 257
development permit, or resolution, the local government or 258
special district that requires any improvement or contribution 259
must credit against the collec tion of the impact fee any 260
contribution, whether identified in a development order, 261
proportionate share agreement , or any other form of exaction, 262
related to public facilities or infrastructure, including 263
monetary contributions, land dedication, site planni ng and 264
design, or construction. Any contribution must be applied on a 265
dollar-for-dollar basis at fair market value to reduce any 266
impact fee collected for the general category or class of public 267
facilities or infrastructure for which the contribution was 268
made. 269
(7) If an impact fee is increased, the holder of any 270
impact fee credits, whether such credits are granted under s. 271
163.3180, s. 380.06, or otherwise, which were in existence 272
before the increase, is entitled to the full benefit of the 273
intensity or density prepaid by the credit balance as of the 274
date it was first established. If a local government adopts an 275
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alternative transportation system pursuant to s. 163.3180(5)(i), 276
the holder of any transportation or road impact fee credits 277
granted under s. 163.3180 or s. 380.06 or otherwise that were in 278
existence before the adoption of the alternative transportation 279
system is entitled to the full benefit of the intensity and 280
density prepaid by the credit balance as of the date the 281
alternative transportation system was first established. 282
Section 4. Paragraph (d) of subsection (2) of section 283
212.055, Florida Statutes, is amended to read: 284
212.055 Discretionary sales surtaxes; legislative intent; 285
authorization and use of proceeds. —It is the legislative intent 286
that any authorization for imposition of a discretionary sales 287
surtax shall be published in the Florida Statutes as a 288
subsection of this section, irrespective of the duration of the 289
levy. Each enactment shall specify the types of counties 290
authorized to levy; the rate or rates which may be imposed; the 291
maximum length of time the surtax may be imposed, if any; the 292
procedure which must be followed to secure voter approval, if 293
required; the purpose for which the proceeds may be expended; 294
and such other requirements as the Legislature may provide. 295
Taxable transactions and administrative procedures shall be as 296
provided in s. 212.054. 297
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. — 298
(d) The proceeds of the surtax authorized by this 299
subsection and any a ccrued interest shall be expended by the 300
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school district, within the county and municipalities within the 301
county, or, in the case of a negotiated joint county agreement, 302
within another county, to finance, plan, and construct 303
infrastructure; to acquire any interest in land for public 304
recreation, conservation, or protection of natural resources or 305
to prevent or satisfy private property rights claims resulting 306
from limitations imposed by the designation of an area of 307
critical state concern; to provide loans, g rants, or rebates to 308
residential or commercial property owners who make energy 309
efficiency improvements to their residential or commercial 310
property, if a local government ordinance authorizing such use 311
is approved by referendum; or to finance the closure of county-312
owned or municipally owned solid waste landfills that have been 313
closed or are required to be closed by order of the Department 314
of Environmental Protection. Any use of the proceeds or interest 315
for purposes of landfill closure before July 1, 1993, is 316
ratified. The proceeds and any interest may not be used for the 317
operational expenses of infrastructure, except that a county 318
that has a population of fewer than 75,000 and that is required 319
to close a landfill may use the proceeds or interest for long -320
term maintenance costs associated with landfill closure. 321
Counties, as defined in s. 125.011, and charter counties may, in 322
addition, use the proceeds or interest to retire or service 323
indebtedness incurred for bonds issued before July 1, 1987, for 324
infrastructure purposes, and for bonds subsequently issued to 325
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refund such bonds. Any use of the proceeds or interest for 326
purposes of retiring or servicing indebtedness incurred for 327
refunding bonds before July 1, 1999, is ratified. 328
1. For the purposes of this paragraph , the term 329
"infrastructure" means: 330
a. Any fixed capital expenditure or fixed capital outlay 331
associated with the construction, reconstruction, or improvement 332
of public facilities that have a life expectancy of 5 or more 333
years, any related land acquisition , land improvement, design, 334
and engineering costs, and all other professional and related 335
costs required to bring the public facilities into service. For 336
purposes of this sub -subparagraph, the term "public facilities" 337
means facilities as defined in s. 163.3164(41) s. 163.3164(39), 338
s. 163.3221(13), or s. 189.012(5), and includes facilities that 339
are necessary to carry out governmental purposes, including, but 340
not limited to, fire stations, general governmental office 341
buildings, and animal shelters, regardless of whether the 342
facilities are owned by the local taxing authority or another 343
governmental entity. 344
b. A fire department vehicle, an emergency medical service 345
vehicle, a sheriff's office vehicle, a police department 346
vehicle, or any other vehicle, and the equipment necessary to 347
outfit the vehicle for its official use or equipment that has a 348
life expectancy of at least 5 years. 349
c. Any expenditure for the construction, lease, or 350
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maintenance of, or provision of utilities or security for, 351
facilities, as defin ed in s. 29.008. 352
d. Any fixed capital expenditure or fixed capital outlay 353
associated with the improvement of private facilities that have 354
a life expectancy of 5 or more years and that the owner agrees 355
to make available for use on a temporary basis as nee ded by a 356
local government as a public emergency shelter or a staging area 357
for emergency response equipment during an emergency officially 358
declared by the state or by the local government under s. 359
252.38. Such improvements are limited to those necessary to 360
comply with current standards for public emergency evacuation 361
shelters. The owner must enter into a written contract with the 362
local government providing the improvement funding to make the 363
private facility available to the public for purposes of 364
emergency shelter at no cost to the local government for a 365
minimum of 10 years after completion of the improvement, with 366
the provision that the obligation will transfer to any 367
subsequent owner until the end of the minimum period. 368
e. Any land acquisition expenditur e for a residential 369
housing project in which at least 30 percent of the units are 370
affordable to individuals or families whose total annual 371
household income does not exceed 120 percent of the area median 372
income adjusted for household size, if the land is ow ned by a 373
local government or by a special district that enters into a 374
written agreement with the local government to provide such 375
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housing. The local government or special district may enter into 376
a ground lease with a public or private person or entity for 377
nominal or other consideration for the construction of the 378
residential housing project on land acquired pursuant to this 379
sub-subparagraph. 380
f. Instructional technology used solely in a school 381
district's classrooms. As used in this sub -subparagraph, the 382
term "instructional technology" means an interactive device that 383
assists a teacher in instructing a class or a group of students 384
and includes the necessary hardware and software to operate the 385
interactive device. The term also includes support systems in 386
which an interactive device may mount and is not required to be 387
affixed to the facilities. 388
2. For the purposes of this paragraph, the term "energy 389
efficiency improvement" means any energy conservation and 390
efficiency improvement that reduces consumption thro ugh 391
conservation or a more efficient use of electricity, natural 392
gas, propane, or other forms of energy on the property, 393
including, but not limited to, air sealing; installation of 394
insulation; installation of energy -efficient heating, cooling, 395
or ventilation systems; installation of solar panels; building 396
modifications to increase the use of daylight or shade; 397
replacement of windows; installation of energy controls or 398
energy recovery systems; installation of electric vehicle 399
charging equipment; installation of systems for natural gas fuel 400
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as defined in s. 206.9951; and installation of efficient 401
lighting equipment. 402
3. Notwithstanding any other provision of this subsection, 403
a local government infrastructure surtax imposed or extended 404
after July 1, 1998, may allocate up to 15 percent of the surtax 405
proceeds for deposit into a trust fund within the county's 406
accounts created for the purpose of funding economic development 407
projects having a general public purpose of improving local 408
economies, including the funding of operational costs and 409
incentives related to economic development. The ballot statement 410
must indicate the intention to make an allocation under the 411
authority of this subparagraph. 412
Section 5. This act shall take effect October 1, 2024. 413