Bill Text: FL S0688 | 2024 | Regular Session | Comm Sub


Bill Title: Alternative Mobility Funding Systems and Impact Fees

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2024-03-04 - Laid on Table, refer to CS/HB 479 [S0688 Detail]

Download: Florida-2024-S0688-Comm_Sub.html
       Florida Senate - 2024                              CS for SB 688
       
       
        
       By the Committee on Rules; and Senator Martin
       
       
       
       
       
       595-03787-24                                           2024688c1
    1                        A bill to be entitled                      
    2         An act relating to alternative mobility funding
    3         systems and impact fees; amending s. 163.3164, F.S.;
    4         defining terms; amending s. 163.3180, F.S.; requiring
    5         a local government to allow an applicant for a certain
    6         development permit to satisfy transportation
    7         concurrency requirements if the applicant offers to
    8         enter into a good faith binding agreement that the
    9         project is considered to have mitigated its
   10         transportation impacts if the applicant meets certain
   11         conditions and requirements; prohibiting a local
   12         government from preventing an applicant from
   13         proceeding if the applicant has satisfied specified
   14         requirements; authorizing certain local governments to
   15         adopt an alternative transportation system meeting
   16         specified requirements under certain circumstances;
   17         prohibiting an alternative transportation system from
   18         imposing upon new development the responsibility for
   19         funding an existing transportation deficiency;
   20         requiring counties and municipalities who charge a
   21         developer a fee for transportation capacity impacts to
   22         create and execute interlocal agreements to coordinate
   23         the mitigation of their respective impacts; providing
   24         requirements for the interlocal agreements; providing
   25         requirements for when such interlocal agreements are
   26         not executed by a specified date; providing
   27         applicability; amending s. 163.31801, F.S.; requiring
   28         certain local governments and special districts that
   29         adopt and collect impact fees to ensure that the
   30         calculation of the impact fee is based on certain data
   31         in an impact fee study; requiring a local government
   32         that increases the impact fee to adopt the new impact
   33         fee study within a specified timeframe after the
   34         initiation of the study; requiring a local government
   35         or special district that requires any improvement or
   36         contribution to credit against the collection of the
   37         impact fee any contribution received, whether
   38         identified in a development order or any form of
   39         exaction; requiring local governments transitioning to
   40         alternative transportation systems to grant holders of
   41         impact fee credits in existence before the adoption of
   42         the alternative transportation system the full benefit
   43         of certain prepaid credit balances as of a specified
   44         date; amending s. 212.055, F.S.; conforming a cross
   45         reference; providing an effective date.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Present subsections (32) through (52) of section
   50  163.3164, Florida Statutes, are redesignated as subsections (34)
   51  through (54), respectively, and new subsections (32) and (33)
   52  are added to that section, to read:
   53         163.3164 Community Planning Act; definitions.—As used in
   54  this act:
   55         (32) “Mobility fee” means a local government fee schedule
   56  established by ordinance and based on the projects included in
   57  the local government’s adopted mobility plan.
   58         (33) “Mobility plan” means an alternative transportation
   59  system mobility study developed by using a plan-based
   60  methodology and adopted into a local government comprehensive
   61  plan that promotes a compact, mixed use, and interconnected
   62  development served by a multimodal transportation system in an
   63  area that is urban in character, or designated to be urban in
   64  character, as defined in s. 171.031.
   65         Section 2. Paragraphs (h) and (i) of subsection (5) of
   66  section 163.3180, Florida Statutes, are amended, and paragraph
   67  (j) is added to that subsection, to read:
   68         163.3180 Concurrency.—
   69         (5)
   70         (h)1. Local governments that continue to implement a
   71  transportation concurrency system, whether in the form adopted
   72  into the comprehensive plan before the effective date of the
   73  Community Planning Act, chapter 2011-139, Laws of Florida, or as
   74  subsequently modified, must:
   75         a. Consult with the Department of Transportation when
   76  proposed plan amendments affect facilities on the strategic
   77  intermodal system.
   78         b. Exempt public transit facilities from concurrency. For
   79  the purposes of this sub-subparagraph, public transit facilities
   80  include transit stations and terminals; transit station parking;
   81  park-and-ride lots; intermodal public transit connection or
   82  transfer facilities; fixed bus, guideway, and rail stations; and
   83  airport passenger terminals and concourses, air cargo
   84  facilities, and hangars for the assembly, manufacture,
   85  maintenance, or storage of aircraft. As used in this sub
   86  subparagraph, the terms “terminals” and “transit facilities” do
   87  not include seaports or commercial or residential development
   88  constructed in conjunction with a public transit facility.
   89         c. Allow an applicant for a development-of-regional-impact
   90  development order, development agreement, rezoning, or other
   91  land use development permit to satisfy the transportation
   92  concurrency requirements of the local comprehensive plan, the
   93  local government’s concurrency management system, and s. 380.06,
   94  when applicable, if:
   95         (I) The applicant in good faith offers to enter into a
   96  binding agreement to pay for or construct its proportionate
   97  share of required improvements in a manner consistent with this
   98  subsection. The agreement must provide that after an applicant
   99  makes its contribution or constructs its proportionate share
  100  pursuant to this sub-sub-subparagraph, the project shall be
  101  considered to have mitigated its transportation impacts and be
  102  allowed to proceed if the applicant has satisfied all other
  103  local government development requirements for the project.
  104         (II) The proportionate-share contribution or construction
  105  is sufficient to accomplish one or more mobility improvements
  106  that will benefit a regionally significant transportation
  107  facility. A local government may accept contributions from
  108  multiple applicants for a planned improvement if it maintains
  109  contributions in a separate account designated for that purpose.
  110  A local government may not prevent a single applicant from
  111  proceeding after the applicant has satisfied its proportionate
  112  share requirement if the applicant has satisfied all other local
  113  government development requirements for the project.
  114         d. Provide the basis upon which the landowners will be
  115  assessed a proportionate share of the cost addressing the
  116  transportation impacts resulting from a proposed development.
  117         2. An applicant shall not be held responsible for the
  118  additional cost of reducing or eliminating deficiencies. When an
  119  applicant contributes or constructs its proportionate share
  120  pursuant to this paragraph, a local government may not require
  121  payment or construction of transportation facilities whose costs
  122  would be greater than a development’s proportionate share of the
  123  improvements necessary to mitigate the development’s impacts.
  124         a. The proportionate-share contribution shall be calculated
  125  based upon the number of trips from the proposed development
  126  expected to reach roadways during the peak hour from the stage
  127  or phase being approved, divided by the change in the peak hour
  128  maximum service volume of roadways resulting from construction
  129  of an improvement necessary to maintain or achieve the adopted
  130  level of service, multiplied by the construction cost, at the
  131  time of development payment, of the improvement necessary to
  132  maintain or achieve the adopted level of service.
  133         b. In using the proportionate-share formula provided in
  134  this subparagraph, the applicant, in its traffic analysis, shall
  135  identify those roads or facilities that have a transportation
  136  deficiency in accordance with the transportation deficiency as
  137  defined in subparagraph 4. The proportionate-share formula
  138  provided in this subparagraph shall be applied only to those
  139  facilities that are determined to be significantly impacted by
  140  the project traffic under review. If any road is determined to
  141  be transportation deficient without the project traffic under
  142  review, the costs of correcting that deficiency shall be removed
  143  from the project’s proportionate-share calculation and the
  144  necessary transportation improvements to correct that deficiency
  145  shall be considered to be in place for purposes of the
  146  proportionate-share calculation. The improvement necessary to
  147  correct the transportation deficiency is the funding
  148  responsibility of the entity that has maintenance responsibility
  149  for the facility. The development’s proportionate share shall be
  150  calculated only for the needed transportation improvements that
  151  are greater than the identified deficiency.
  152         c. When the provisions of subparagraph 1. and this
  153  subparagraph have been satisfied for a particular stage or phase
  154  of development, all transportation impacts from that stage or
  155  phase for which mitigation was required and provided shall be
  156  deemed fully mitigated in any transportation analysis for a
  157  subsequent stage or phase of development. Trips from a previous
  158  stage or phase that did not result in impacts for which
  159  mitigation was required or provided may be cumulatively analyzed
  160  with trips from a subsequent stage or phase to determine whether
  161  an impact requires mitigation for the subsequent stage or phase.
  162         d. In projecting the number of trips to be generated by the
  163  development under review, any trips assigned to a toll-financed
  164  facility shall be eliminated from the analysis.
  165         e. The applicant shall receive a credit on a dollar-for
  166  dollar basis for impact fees, mobility fees, and other
  167  transportation concurrency mitigation requirements paid or
  168  payable in the future for the project. The credit shall be
  169  reduced up to 20 percent by the percentage share that the
  170  project’s traffic represents of the added capacity of the
  171  selected improvement, or by the amount specified by local
  172  ordinance, whichever yields the greater credit.
  173         3. This subsection does not require a local government to
  174  approve a development that, for reasons other than
  175  transportation impacts, is not qualified for approval pursuant
  176  to the applicable local comprehensive plan and land development
  177  regulations.
  178         4. As used in this subsection, the term “transportation
  179  deficiency” means a facility or facilities on which the adopted
  180  level-of-service standard is exceeded by the existing,
  181  committed, and vested trips, plus additional projected
  182  background trips from any source other than the development
  183  project under review, and trips that are forecast by established
  184  traffic standards, including traffic modeling, consistent with
  185  the University of Florida’s Bureau of Economic and Business
  186  Research medium population projections. Additional projected
  187  background trips are to be coincident with the particular stage
  188  or phase of development under review.
  189         (i) If a local government elects to repeal transportation
  190  concurrency, the local government may it is encouraged to adopt
  191  an alternative transportation system that is mobility-plan based
  192  and fee-based or an alternative transportation system that is
  193  not mobility-plan and fee-based. The local government mobility
  194  funding system that uses one or more of the tools and techniques
  195  identified in paragraph (f). Any alternative mobility funding
  196  system adopted may not use an alternative transportation system
  197  be used to deny, time, or phase an application for site plan
  198  approval, plat approval, final subdivision approval, building
  199  permits, or the functional equivalent of such approvals provided
  200  that the developer agrees to pay for the development’s
  201  identified transportation impacts via the funding mechanism
  202  implemented by the local government. The revenue from the
  203  funding mechanism used in the alternative transportation system
  204  must be used to implement the needs of the local government’s
  205  plan which serves as the basis for the fee imposed. An
  206  alternative transportation A mobility fee-based funding system
  207  must comply with s. 163.31801 governing impact fees. An
  208  alternative transportation system may not impose that is not
  209  mobility fee-based shall not be applied in a manner that imposes
  210  upon new development any responsibility for funding an existing
  211  transportation deficiency as defined in paragraph (h).
  212         (j)1. If a county and municipality charge the developer of
  213  a new development or redevelopment a fee for transportation
  214  capacity impacts, the county and municipality must create and
  215  execute an interlocal agreement to coordinate the mitigation of
  216  their respective transportation capacity impacts.
  217         2. The interlocal agreement must, at a minimum:
  218         a. Ensure that any new development or redevelopment is not
  219  charged twice for the same transportation capacity impacts.
  220         b. Establish a plan-based methodology for determining the
  221  legally permissible fee to be charged to a new development or
  222  redevelopment.
  223         c. Require the county or municipality issuing the building
  224  permit to collect the fee, unless agreed to otherwise.
  225         d. Provide a method for the proportionate distribution of
  226  the revenue collected by the county or municipality to address
  227  the transportation capacity impacts of a new development or
  228  redevelopment, or provide a method of assigning responsibility
  229  for the mitigation of the transportation capacity impacts
  230  belonging to the county and the municipality.
  231         3. By October 1, 2025, if an interlocal agreement is not
  232  executed pursuant to this paragraph:
  233         a. The fee charged to a new development or redevelopment
  234  shall be based on the transportation capacity impacts
  235  apportioned to the county and municipality as identified in the
  236  developer’s traffic impact study or the mobility plan adopted by
  237  the county or municipality.
  238         b. The developer shall receive a 10 percent reduction in
  239  the total fee calculated pursuant to sub-subparagraph a.
  240         c. The county or municipality issuing the building permit
  241  must collect the fee charged pursuant to sub-subparagraphs a.
  242  and b. and distribute the proceeds of such fee to the county and
  243  municipality within 60 days after the developer’s payment.
  244         4. This paragraph does not apply to:
  245         a. A county as defined in s. 125.011(1).
  246         b. A county or municipality that has entered into, or
  247  otherwise updated, an existing interlocal agreement, as of
  248  October 1, 2024, to coordinate the mitigation of transportation
  249  impacts. However, if such existing interlocal agreement is
  250  terminated, the affected county and municipality that have
  251  entered into the agreement shall be subject to the requirements
  252  of this paragraph unless the county and municipality mutually
  253  agree to extend the existing interlocal agreement before the
  254  expiration of the agreement.
  255         Section 3. Paragraph (a) of subsection (4), paragraph (a)
  256  of subsection (5), and subsection (7) of section 163.31801,
  257  Florida Statutes, are amended to read:
  258         163.31801 Impact fees; short title; intent; minimum
  259  requirements; audits; challenges.—
  260         (4) At a minimum, each local government that adopts and
  261  collects an impact fee by ordinance and each special district
  262  that adopts, collects, and administers an impact fee by
  263  resolution must:
  264         (a) Ensure that the calculation of the impact fee is based
  265  on the most recent and localized data available such that the
  266  impact fee study is based on data generated within 4 years after
  267  adoption of a revised impact fee. The new impact fee study must
  268  be adopted by the local government within 12 months after the
  269  initiation of the new impact fee study if the local government
  270  increases the impact fee.
  271         (5)(a) Notwithstanding any charter provision, comprehensive
  272  plan policy, ordinance, development order, development permit,
  273  or resolution, the local government or special district that
  274  requires any improvement or contribution must credit against the
  275  collection of the impact fee any contribution, whether
  276  identified in a development order, proportionate share
  277  agreement, or any other form of exaction, related to public
  278  facilities or infrastructure, including monetary contributions,
  279  land dedication, site planning and design, or construction. Any
  280  contribution must be applied on a dollar-for-dollar basis at
  281  fair market value to reduce any impact fee collected for the
  282  general category or class of public facilities or infrastructure
  283  for which the contribution was made.
  284         (7) If an impact fee is increased, the holder of any impact
  285  fee credits, whether such credits are granted under s. 163.3180,
  286  s. 380.06, or otherwise, which were in existence before the
  287  increase, is entitled to the full benefit of the intensity or
  288  density prepaid by the credit balance as of the date it was
  289  first established. If a local government adopts an alternative
  290  transportation system pursuant to s. 163.3180(5)(i), the holder
  291  of any transportation or road impact fee credits granted under
  292  s. 163.3180 or s. 380.06 or otherwise that were in existence
  293  before the adoption of the alternative transportation system is
  294  entitled to the full benefit of the intensity and density
  295  prepaid by the credit balance as of the date the alternative
  296  transportation system was first established.
  297         Section 4. Paragraph (d) of subsection (2) of section
  298  212.055, Florida Statutes, is amended to read:
  299         212.055 Discretionary sales surtaxes; legislative intent;
  300  authorization and use of proceeds.—It is the legislative intent
  301  that any authorization for imposition of a discretionary sales
  302  surtax shall be published in the Florida Statutes as a
  303  subsection of this section, irrespective of the duration of the
  304  levy. Each enactment shall specify the types of counties
  305  authorized to levy; the rate or rates which may be imposed; the
  306  maximum length of time the surtax may be imposed, if any; the
  307  procedure which must be followed to secure voter approval, if
  308  required; the purpose for which the proceeds may be expended;
  309  and such other requirements as the Legislature may provide.
  310  Taxable transactions and administrative procedures shall be as
  311  provided in s. 212.054.
  312         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
  313         (d) The proceeds of the surtax authorized by this
  314  subsection and any accrued interest shall be expended by the
  315  school district, within the county and municipalities within the
  316  county, or, in the case of a negotiated joint county agreement,
  317  within another county, to finance, plan, and construct
  318  infrastructure; to acquire any interest in land for public
  319  recreation, conservation, or protection of natural resources or
  320  to prevent or satisfy private property rights claims resulting
  321  from limitations imposed by the designation of an area of
  322  critical state concern; to provide loans, grants, or rebates to
  323  residential or commercial property owners who make energy
  324  efficiency improvements to their residential or commercial
  325  property, if a local government ordinance authorizing such use
  326  is approved by referendum; or to finance the closure of county
  327  owned or municipally owned solid waste landfills that have been
  328  closed or are required to be closed by order of the Department
  329  of Environmental Protection. Any use of the proceeds or interest
  330  for purposes of landfill closure before July 1, 1993, is
  331  ratified. The proceeds and any interest may not be used for the
  332  operational expenses of infrastructure, except that a county
  333  that has a population of fewer than 75,000 and that is required
  334  to close a landfill may use the proceeds or interest for long
  335  term maintenance costs associated with landfill closure.
  336  Counties, as defined in s. 125.011, and charter counties may, in
  337  addition, use the proceeds or interest to retire or service
  338  indebtedness incurred for bonds issued before July 1, 1987, for
  339  infrastructure purposes, and for bonds subsequently issued to
  340  refund such bonds. Any use of the proceeds or interest for
  341  purposes of retiring or servicing indebtedness incurred for
  342  refunding bonds before July 1, 1999, is ratified.
  343         1. For the purposes of this paragraph, the term
  344  “infrastructure” means:
  345         a. Any fixed capital expenditure or fixed capital outlay
  346  associated with the construction, reconstruction, or improvement
  347  of public facilities that have a life expectancy of 5 or more
  348  years, any related land acquisition, land improvement, design,
  349  and engineering costs, and all other professional and related
  350  costs required to bring the public facilities into service. For
  351  purposes of this sub-subparagraph, the term “public facilities”
  352  means facilities as defined in s. 163.3164(41) s. 163.3164(39),
  353  s. 163.3221(13), or s. 189.012(5), and includes facilities that
  354  are necessary to carry out governmental purposes, including, but
  355  not limited to, fire stations, general governmental office
  356  buildings, and animal shelters, regardless of whether the
  357  facilities are owned by the local taxing authority or another
  358  governmental entity.
  359         b. A fire department vehicle, an emergency medical service
  360  vehicle, a sheriff’s office vehicle, a police department
  361  vehicle, or any other vehicle, and the equipment necessary to
  362  outfit the vehicle for its official use or equipment that has a
  363  life expectancy of at least 5 years.
  364         c. Any expenditure for the construction, lease, or
  365  maintenance of, or provision of utilities or security for,
  366  facilities, as defined in s. 29.008.
  367         d. Any fixed capital expenditure or fixed capital outlay
  368  associated with the improvement of private facilities that have
  369  a life expectancy of 5 or more years and that the owner agrees
  370  to make available for use on a temporary basis as needed by a
  371  local government as a public emergency shelter or a staging area
  372  for emergency response equipment during an emergency officially
  373  declared by the state or by the local government under s.
  374  252.38. Such improvements are limited to those necessary to
  375  comply with current standards for public emergency evacuation
  376  shelters. The owner must enter into a written contract with the
  377  local government providing the improvement funding to make the
  378  private facility available to the public for purposes of
  379  emergency shelter at no cost to the local government for a
  380  minimum of 10 years after completion of the improvement, with
  381  the provision that the obligation will transfer to any
  382  subsequent owner until the end of the minimum period.
  383         e. Any land acquisition expenditure for a residential
  384  housing project in which at least 30 percent of the units are
  385  affordable to individuals or families whose total annual
  386  household income does not exceed 120 percent of the area median
  387  income adjusted for household size, if the land is owned by a
  388  local government or by a special district that enters into a
  389  written agreement with the local government to provide such
  390  housing. The local government or special district may enter into
  391  a ground lease with a public or private person or entity for
  392  nominal or other consideration for the construction of the
  393  residential housing project on land acquired pursuant to this
  394  sub-subparagraph.
  395         f. Instructional technology used solely in a school
  396  district’s classrooms. As used in this sub-subparagraph, the
  397  term “instructional technology” means an interactive device that
  398  assists a teacher in instructing a class or a group of students
  399  and includes the necessary hardware and software to operate the
  400  interactive device. The term also includes support systems in
  401  which an interactive device may mount and is not required to be
  402  affixed to the facilities.
  403         2. For the purposes of this paragraph, the term “energy
  404  efficiency improvement” means any energy conservation and
  405  efficiency improvement that reduces consumption through
  406  conservation or a more efficient use of electricity, natural
  407  gas, propane, or other forms of energy on the property,
  408  including, but not limited to, air sealing; installation of
  409  insulation; installation of energy-efficient heating, cooling,
  410  or ventilation systems; installation of solar panels; building
  411  modifications to increase the use of daylight or shade;
  412  replacement of windows; installation of energy controls or
  413  energy recovery systems; installation of electric vehicle
  414  charging equipment; installation of systems for natural gas fuel
  415  as defined in s. 206.9951; and installation of efficient
  416  lighting equipment.
  417         3. Notwithstanding any other provision of this subsection,
  418  a local government infrastructure surtax imposed or extended
  419  after July 1, 1998, may allocate up to 15 percent of the surtax
  420  proceeds for deposit into a trust fund within the county’s
  421  accounts created for the purpose of funding economic development
  422  projects having a general public purpose of improving local
  423  economies, including the funding of operational costs and
  424  incentives related to economic development. The ballot statement
  425  must indicate the intention to make an allocation under the
  426  authority of this subparagraph.
  427         Section 5. This act shall take effect October 1, 2024.

feedback