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.
60
61 Be It Enacted by the Legislature of the State of Florida:
62
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.
418 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
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.