1

A bill to be entitled

2

An act relating to commercial development and capital

3

improvements; creating s. 288.064, F.S.; providing a short

4

title; authorizing an applicant seeking to create a

5

commercial development to elect to pay a per trip mobility

6

fee in lieu of paying impact fees, proportionate share, or

7

proportionate fair-share pursuant to state law; providing

8

that such options apply regardless of whether the

9

development is part of the development-of-regional-impact

10

program; providing for the calculation of such mobility

11

fee; requiring that moneys collected from the assessment

12

of such fee be used for a certain purpose; providing that

13

an applicant's development shall be deemed to have met all

14

transportation concurrency requirements once the mobility

15

fee is paid; prohibiting a local government from requiring

16

that the transportation facilities be in place as a

17

prerequisite to approval of the applicant's development;

18

providing for the exemption of a local government from the

19

financial feasibility requirements for transportation

20

concurrency as prescribed by state law for a specified

21

period under certain circumstances; providing for the

22

expiration of the option of using the trip mobility fee

23

under specified conditions; providing an effective date.

24

25

Be It Enacted by the Legislature of the State of Florida:

26

27

     Section 1.  Section 288.064, Florida Statutes, is created to

28

read:

29

     288.064 Economic Stimulus Act of 2008.--

30

     (1) This section may be cited as the "Economic Stimulus Act

31

of 2008."

32

     (2) An applicant seeking to create a development may elect

33

to pay a per trip mobility fee in lieu of paying impact fees,

34

proportionate share, or proportionate fair-share pursuant to s.

35

163.3180, regardless of whether such development is part of the

36

development-of-regional-impact program.

37

     (3) The amount of the mobility fee shall be determined by

38

the permitting local government, but such fee may not exceed $250

39

per trip. The local government shall base the mobility fee on the

40

cost of maintaining the existing level of service on all

41

facilities affected by the proposed development. The number of

42

trips attributed to a development shall be determined by the

43

latest available version of "Trip Generation" by the Institute of

44

Traffic Engineers. Moneys collected from the assessment of such

45

fees must be expended in the area in which they were collected

46

for the purpose of benefiting the proposed development.

47

     (4) The applicant's development shall be deemed to have met

48

all transportation concurrency requirements once the mobility fee

49

is paid. A local government may not require that the

50

transportation facilities be in place as a prerequisite to

51

approval of the applicant's development.

52

     (5) If a local government chooses to assess a trip mobility

53

fee, that local government is exempt from the financial

54

feasibility requirements for transportation concurrency as

55

prescribed in s. 163.3177 until 1 year after the date on which

56

the optional mobility fee expires pursuant to subsection (6).

57

     (6) The option of using the trip mobility fee shall expire

58

on a county-by-county basis when the median home price in the

59

county reaches 120 percent of the median home price in that

60

county on January 1, 2006.

61

     Section 2.  This act shall take effect July 1, 2008.