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.
