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 development’s 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 development’s transportation
   57         impacts in certain instances; amending s. 212.055,
   58         F.S.; conforming a cross-reference; providing an
   59         effective date.
   61  Be It Enacted by the Legislature of the State of Florida:
   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         163.3164 Community 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 government’s 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         163.3180 Concurrency.—
   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 government’s 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 development’s proportionate share of the
  132  improvements necessary to mitigate the development’s 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 project’s 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 development’s 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  project’s 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 Florida’s 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 development’s 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 government’s 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         163.31801 Impact 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         163.31803 Mobility 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 government’s
  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  development’s or redevelopment’s 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  government’s adopted mobility fee is deemed to fully mitigate
  402  the development’s full transportation impacts.
  403         Section 5. Paragraph (d) of subsection (2) of section
  404  212.055, Florida Statutes, is amended to read:
  405         212.055 Discretionary 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.
  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 sheriff’s 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  district’s 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 county’s
  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.