Florida Senate - 2008 SB 1966
By Senator Bennett
A bill to be entitled
An act relating to commercial development and capital
improvements; creating s. 288.064, F.S.; providing a short
title; authorizing an applicant seeking to create a
commercial development to elect to pay a per trip mobility
fee in lieu of paying impact fees, proportionate share, or
proportionate fair-share pursuant to state law; providing
that such options apply regardless of whether the
development is part of the development-of-regional-impact
program; providing for the calculation of such mobility
fee; requiring that moneys collected from the assessment
of such fee be used for a certain purpose; providing that
an applicant's development shall be deemed to have met all
transportation concurrency requirements once the mobility
fee is paid; prohibiting a local government from requiring
that the transportation facilities be in place as a
prerequisite to approval of the applicant's development;
providing for the exemption of a local government from the
financial feasibility requirements for transportation
concurrency as prescribed by state law for a specified
period under certain circumstances; providing for the
expiration of the option of using the trip mobility fee
under specified conditions; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 288.064, Florida Statutes, is created to
288.064 Economic Stimulus Act of 2008.--
(1) This section may be cited as the "Economic Stimulus Act
(2) An applicant seeking to create a development may elect
to pay a per trip mobility fee in lieu of paying impact fees,
proportionate share, or proportionate fair-share pursuant to s.
163.3180, regardless of whether such development is part of the
(3) The amount of the mobility fee shall be determined by
the permitting local government, but such fee may not exceed $250
per trip. The local government shall base the mobility fee on the
cost of maintaining the existing level of service on all
facilities affected by the proposed development. The number of
trips attributed to a development shall be determined by the
latest available version of "Trip Generation" by the Institute of
Traffic Engineers. Moneys collected from the assessment of such
fees must be expended in the area in which they were collected
for the purpose of benefiting the proposed development.
(4) The applicant's development shall be deemed to have met
all transportation concurrency requirements once the mobility fee
is paid. A local government may not require that the
transportation facilities be in place as a prerequisite to
approval of the applicant's development.
(5) If a local government chooses to assess a trip mobility
fee, that local government is exempt from the financial
feasibility requirements for transportation concurrency as
prescribed in s. 163.3177 until 1 year after the date on which
the optional mobility fee expires pursuant to subsection (6).
(6) The option of using the trip mobility fee shall expire
on a county-by-county basis when the median home price in the
county reaches 120 percent of the median home price in that
county on January 1, 2006.
Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.