Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 688
Ì938352-Î938352
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/27/2024 .
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The Committee on Rules (Martin) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsections (32) through (52) of section
6 163.3164, Florida Statutes, are redesignated as subsections (34)
7 through (54), respectively, and new subsections (32) and (33)
8 are added to that section, to read:
9 163.3164 Community Planning Act; definitions.—As used in
10 this act:
11 (32) “Mobility fee” means a local government fee schedule
12 established by ordinance and based on the projects included in
13 the local government’s adopted mobility plan.
14 (33) “Mobility plan” means an alternative transportation
15 system mobility study developed by using a plan-based
16 methodology and adopted into a local government comprehensive
17 plan that promotes a compact, mixed use, and interconnected
18 development served by a multimodal transportation system in an
19 area that is urban in character, or designated to be urban in
20 character, as defined in s. 171.031.
21 Section 2. Paragraphs (h) and (i) of subsection (5) of
22 section 163.3180, Florida Statutes, are amended, and paragraph
23 (j) is added to that subsection, to read:
24 163.3180 Concurrency.—
25 (5)
26 (h)1. Local governments that continue to implement a
27 transportation concurrency system, whether in the form adopted
28 into the comprehensive plan before the effective date of the
29 Community Planning Act, chapter 2011-139, Laws of Florida, or as
30 subsequently modified, must:
31 a. Consult with the Department of Transportation when
32 proposed plan amendments affect facilities on the strategic
33 intermodal system.
34 b. Exempt public transit facilities from concurrency. For
35 the purposes of this sub-subparagraph, public transit facilities
36 include transit stations and terminals; transit station parking;
37 park-and-ride lots; intermodal public transit connection or
38 transfer facilities; fixed bus, guideway, and rail stations; and
39 airport passenger terminals and concourses, air cargo
40 facilities, and hangars for the assembly, manufacture,
41 maintenance, or storage of aircraft. As used in this sub
42 subparagraph, the terms “terminals” and “transit facilities” do
43 not include seaports or commercial or residential development
44 constructed in conjunction with a public transit facility.
45 c. Allow an applicant for a development-of-regional-impact
46 development order, development agreement, rezoning, or other
47 land use development permit to satisfy the transportation
48 concurrency requirements of the local comprehensive plan, the
49 local government’s concurrency management system, and s. 380.06,
50 when applicable, if:
51 (I) The applicant in good faith offers to enter into a
52 binding agreement to pay for or construct its proportionate
53 share of required improvements in a manner consistent with this
54 subsection. The agreement must provide that after an applicant
55 makes its contribution or constructs its proportionate share
56 pursuant to this sub-sub-subparagraph, the project shall be
57 considered to have mitigated its transportation impacts and be
58 allowed to proceed if the applicant has satisfied all other
59 local government development requirements for the project.
60 (II) The proportionate-share contribution or construction
61 is sufficient to accomplish one or more mobility improvements
62 that will benefit a regionally significant transportation
63 facility. A local government may accept contributions from
64 multiple applicants for a planned improvement if it maintains
65 contributions in a separate account designated for that purpose.
66 A local government may not prevent a single applicant from
67 proceeding after the applicant has satisfied its proportionate
68 share requirement if the applicant has satisfied all other local
69 government development requirements for the project.
70 d. Provide the basis upon which the landowners will be
71 assessed a proportionate share of the cost addressing the
72 transportation impacts resulting from a proposed development.
73 2. An applicant shall not be held responsible for the
74 additional cost of reducing or eliminating deficiencies. When an
75 applicant contributes or constructs its proportionate share
76 pursuant to this paragraph, a local government may not require
77 payment or construction of transportation facilities whose costs
78 would be greater than a development’s proportionate share of the
79 improvements necessary to mitigate the development’s impacts.
80 a. The proportionate-share contribution shall be calculated
81 based upon the number of trips from the proposed development
82 expected to reach roadways during the peak hour from the stage
83 or phase being approved, divided by the change in the peak hour
84 maximum service volume of roadways resulting from construction
85 of an improvement necessary to maintain or achieve the adopted
86 level of service, multiplied by the construction cost, at the
87 time of development payment, of the improvement necessary to
88 maintain or achieve the adopted level of service.
89 b. In using the proportionate-share formula provided in
90 this subparagraph, the applicant, in its traffic analysis, shall
91 identify those roads or facilities that have a transportation
92 deficiency in accordance with the transportation deficiency as
93 defined in subparagraph 4. The proportionate-share formula
94 provided in this subparagraph shall be applied only to those
95 facilities that are determined to be significantly impacted by
96 the project traffic under review. If any road is determined to
97 be transportation deficient without the project traffic under
98 review, the costs of correcting that deficiency shall be removed
99 from the project’s proportionate-share calculation and the
100 necessary transportation improvements to correct that deficiency
101 shall be considered to be in place for purposes of the
102 proportionate-share calculation. The improvement necessary to
103 correct the transportation deficiency is the funding
104 responsibility of the entity that has maintenance responsibility
105 for the facility. The development’s proportionate share shall be
106 calculated only for the needed transportation improvements that
107 are greater than the identified deficiency.
108 c. When the provisions of subparagraph 1. and this
109 subparagraph have been satisfied for a particular stage or phase
110 of development, all transportation impacts from that stage or
111 phase for which mitigation was required and provided shall be
112 deemed fully mitigated in any transportation analysis for a
113 subsequent stage or phase of development. Trips from a previous
114 stage or phase that did not result in impacts for which
115 mitigation was required or provided may be cumulatively analyzed
116 with trips from a subsequent stage or phase to determine whether
117 an impact requires mitigation for the subsequent stage or phase.
118 d. In projecting the number of trips to be generated by the
119 development under review, any trips assigned to a toll-financed
120 facility shall be eliminated from the analysis.
121 e. The applicant shall receive a credit on a dollar-for
122 dollar basis for impact fees, mobility fees, and other
123 transportation concurrency mitigation requirements paid or
124 payable in the future for the project. The credit shall be
125 reduced up to 20 percent by the percentage share that the
126 project’s traffic represents of the added capacity of the
127 selected improvement, or by the amount specified by local
128 ordinance, whichever yields the greater credit.
129 3. This subsection does not require a local government to
130 approve a development that, for reasons other than
131 transportation impacts, is not qualified for approval pursuant
132 to the applicable local comprehensive plan and land development
133 regulations.
134 4. As used in this subsection, the term “transportation
135 deficiency” means a facility or facilities on which the adopted
136 level-of-service standard is exceeded by the existing,
137 committed, and vested trips, plus additional projected
138 background trips from any source other than the development
139 project under review, and trips that are forecast by established
140 traffic standards, including traffic modeling, consistent with
141 the University of Florida’s Bureau of Economic and Business
142 Research medium population projections. Additional projected
143 background trips are to be coincident with the particular stage
144 or phase of development under review.
145 (i) If a local government elects to repeal transportation
146 concurrency, the local government may it is encouraged to adopt
147 an alternative transportation system that is mobility-plan based
148 and fee-based or an alternative transportation system that is
149 not mobility-plan and fee-based. The local government mobility
150 funding system that uses one or more of the tools and techniques
151 identified in paragraph (f). Any alternative mobility funding
152 system adopted may not use an alternative transportation system
153 be used to deny, time, or phase an application for site plan
154 approval, plat approval, final subdivision approval, building
155 permits, or the functional equivalent of such approvals provided
156 that the developer agrees to pay for the development’s
157 identified transportation impacts via the funding mechanism
158 implemented by the local government. The revenue from the
159 funding mechanism used in the alternative transportation system
160 must be used to implement the needs of the local government’s
161 plan which serves as the basis for the fee imposed. An
162 alternative transportation A mobility fee-based funding system
163 must comply with s. 163.31801 governing impact fees. An
164 alternative transportation system may not impose that is not
165 mobility fee-based shall not be applied in a manner that imposes
166 upon new development any responsibility for funding an existing
167 transportation deficiency as defined in paragraph (h).
168 (j)1. If a county and municipality charge the developer of
169 a new development or redevelopment a fee for transportation
170 capacity impacts, the county and municipality must create and
171 execute an interlocal agreement to coordinate the mitigation of
172 their respective transportation capacity impacts.
173 2. The interlocal agreement must, at a minimum:
174 a. Ensure that any new development or redevelopment is not
175 charged twice for the same transportation capacity impacts.
176 b. Establish a plan-based methodology for determining the
177 legally permissible fee to be charged to a new development or
178 redevelopment.
179 c. Require the county or municipality issuing the building
180 permit to collect the fee, unless agreed to otherwise.
181 d. Provide a method for the proportionate distribution of
182 the revenue collected by the county or municipality to address
183 the transportation capacity impacts of a new development or
184 redevelopment, or provide a method of assigning responsibility
185 for the mitigation of the transportation capacity impacts
186 belonging to the county and the municipality.
187 3. By October 1, 2025, if an interlocal agreement is not
188 executed pursuant to this paragraph:
189 a. The fee charged to a new development or redevelopment
190 shall be based on the transportation capacity impacts
191 apportioned to the county and municipality as identified in the
192 developer’s traffic impact study or the mobility plan adopted by
193 the county or municipality.
194 b. The developer shall receive a 10 percent reduction in
195 the total fee calculated pursuant to sub-subparagraph a.
196 c. The county or municipality issuing the building permit
197 must collect the fee charged pursuant to sub-subparagraphs a.
198 and b. and distribute the proceeds of such fee to the county and
199 municipality within 60 days after the developer’s payment.
200 4. This paragraph does not apply to:
201 a. A county as defined in s. 125.011(1).
202 b. A county or municipality that has entered into, or
203 otherwise updated, an existing interlocal agreement, as of
204 October 1, 2024, to coordinate the mitigation of transportation
205 impacts. However, if such existing interlocal agreement is
206 terminated, the affected county and municipality that have
207 entered into the agreement shall be subject to the requirements
208 of this paragraph unless the county and municipality mutually
209 agree to extend the existing interlocal agreement before the
210 expiration of the agreement.
211 Section 3. Paragraph (a) of subsection (4), paragraph (a)
212 of subsection (5), and subsection (7) of section 163.31801,
213 Florida Statutes, are amended to read:
214 163.31801 Impact fees; short title; intent; minimum
215 requirements; audits; challenges.—
216 (4) At a minimum, each local government that adopts and
217 collects an impact fee by ordinance and each special district
218 that adopts, collects, and administers an impact fee by
219 resolution must:
220 (a) Ensure that the calculation of the impact fee is based
221 on the most recent and localized data available such that the
222 impact fee study is based on data generated within 4 years after
223 adoption of a revised impact fee. The new impact fee study must
224 be adopted by the local government within 12 months after the
225 initiation of the new impact fee study if the local government
226 increases the impact fee.
227 (5)(a) Notwithstanding any charter provision, comprehensive
228 plan policy, ordinance, development order, development permit,
229 or resolution, the local government or special district that
230 requires any improvement or contribution must credit against the
231 collection of the impact fee any contribution, whether
232 identified in a development order, proportionate share
233 agreement, or any other form of exaction, related to public
234 facilities or infrastructure, including monetary contributions,
235 land dedication, site planning and design, or construction. Any
236 contribution must be applied on a dollar-for-dollar basis at
237 fair market value to reduce any impact fee collected for the
238 general category or class of public facilities or infrastructure
239 for which the contribution was made.
240 (7) If an impact fee is increased, the holder of any impact
241 fee credits, whether such credits are granted under s. 163.3180,
242 s. 380.06, or otherwise, which were in existence before the
243 increase, is entitled to the full benefit of the intensity or
244 density prepaid by the credit balance as of the date it was
245 first established. If a local government adopts an alternative
246 transportation system pursuant to s. 163.3180(5)(i), the holder
247 of any transportation or road impact fee credits granted under
248 s. 163.3180 or s. 380.06 or otherwise that were in existence
249 before the adoption of the alternative transportation system is
250 entitled to the full benefit of the intensity and density
251 prepaid by the credit balance as of the date the alternative
252 transportation system was first established.
253 Section 4. Paragraph (d) of subsection (2) of section
254 212.055, Florida Statutes, is amended to read:
255 212.055 Discretionary sales surtaxes; legislative intent;
256 authorization and use of proceeds.—It is the legislative intent
257 that any authorization for imposition of a discretionary sales
258 surtax shall be published in the Florida Statutes as a
259 subsection of this section, irrespective of the duration of the
260 levy. Each enactment shall specify the types of counties
261 authorized to levy; the rate or rates which may be imposed; the
262 maximum length of time the surtax may be imposed, if any; the
263 procedure which must be followed to secure voter approval, if
264 required; the purpose for which the proceeds may be expended;
265 and such other requirements as the Legislature may provide.
266 Taxable transactions and administrative procedures shall be as
267 provided in s. 212.054.
268 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
269 (d) The proceeds of the surtax authorized by this
270 subsection and any accrued interest shall be expended by the
271 school district, within the county and municipalities within the
272 county, or, in the case of a negotiated joint county agreement,
273 within another county, to finance, plan, and construct
274 infrastructure; to acquire any interest in land for public
275 recreation, conservation, or protection of natural resources or
276 to prevent or satisfy private property rights claims resulting
277 from limitations imposed by the designation of an area of
278 critical state concern; to provide loans, grants, or rebates to
279 residential or commercial property owners who make energy
280 efficiency improvements to their residential or commercial
281 property, if a local government ordinance authorizing such use
282 is approved by referendum; or to finance the closure of county
283 owned or municipally owned solid waste landfills that have been
284 closed or are required to be closed by order of the Department
285 of Environmental Protection. Any use of the proceeds or interest
286 for purposes of landfill closure before July 1, 1993, is
287 ratified. The proceeds and any interest may not be used for the
288 operational expenses of infrastructure, except that a county
289 that has a population of fewer than 75,000 and that is required
290 to close a landfill may use the proceeds or interest for long
291 term maintenance costs associated with landfill closure.
292 Counties, as defined in s. 125.011, and charter counties may, in
293 addition, use the proceeds or interest to retire or service
294 indebtedness incurred for bonds issued before July 1, 1987, for
295 infrastructure purposes, and for bonds subsequently issued to
296 refund such bonds. Any use of the proceeds or interest for
297 purposes of retiring or servicing indebtedness incurred for
298 refunding bonds before July 1, 1999, is ratified.
299 1. For the purposes of this paragraph, the term
300 “infrastructure” means:
301 a. Any fixed capital expenditure or fixed capital outlay
302 associated with the construction, reconstruction, or improvement
303 of public facilities that have a life expectancy of 5 or more
304 years, any related land acquisition, land improvement, design,
305 and engineering costs, and all other professional and related
306 costs required to bring the public facilities into service. For
307 purposes of this sub-subparagraph, the term “public facilities”
308 means facilities as defined in s. 163.3164(41) s. 163.3164(39),
309 s. 163.3221(13), or s. 189.012(5), and includes facilities that
310 are necessary to carry out governmental purposes, including, but
311 not limited to, fire stations, general governmental office
312 buildings, and animal shelters, regardless of whether the
313 facilities are owned by the local taxing authority or another
314 governmental entity.
315 b. A fire department vehicle, an emergency medical service
316 vehicle, a sheriff’s office vehicle, a police department
317 vehicle, or any other vehicle, and the equipment necessary to
318 outfit the vehicle for its official use or equipment that has a
319 life expectancy of at least 5 years.
320 c. Any expenditure for the construction, lease, or
321 maintenance of, or provision of utilities or security for,
322 facilities, as defined in s. 29.008.
323 d. Any fixed capital expenditure or fixed capital outlay
324 associated with the improvement of private facilities that have
325 a life expectancy of 5 or more years and that the owner agrees
326 to make available for use on a temporary basis as needed by a
327 local government as a public emergency shelter or a staging area
328 for emergency response equipment during an emergency officially
329 declared by the state or by the local government under s.
330 252.38. Such improvements are limited to those necessary to
331 comply with current standards for public emergency evacuation
332 shelters. The owner must enter into a written contract with the
333 local government providing the improvement funding to make the
334 private facility available to the public for purposes of
335 emergency shelter at no cost to the local government for a
336 minimum of 10 years after completion of the improvement, with
337 the provision that the obligation will transfer to any
338 subsequent owner until the end of the minimum period.
339 e. Any land acquisition expenditure for a residential
340 housing project in which at least 30 percent of the units are
341 affordable to individuals or families whose total annual
342 household income does not exceed 120 percent of the area median
343 income adjusted for household size, if the land is owned by a
344 local government or by a special district that enters into a
345 written agreement with the local government to provide such
346 housing. The local government or special district may enter into
347 a ground lease with a public or private person or entity for
348 nominal or other consideration for the construction of the
349 residential housing project on land acquired pursuant to this
350 sub-subparagraph.
351 f. Instructional technology used solely in a school
352 district’s classrooms. As used in this sub-subparagraph, the
353 term “instructional technology” means an interactive device that
354 assists a teacher in instructing a class or a group of students
355 and includes the necessary hardware and software to operate the
356 interactive device. The term also includes support systems in
357 which an interactive device may mount and is not required to be
358 affixed to the facilities.
359 2. For the purposes of this paragraph, the term “energy
360 efficiency improvement” means any energy conservation and
361 efficiency improvement that reduces consumption through
362 conservation or a more efficient use of electricity, natural
363 gas, propane, or other forms of energy on the property,
364 including, but not limited to, air sealing; installation of
365 insulation; installation of energy-efficient heating, cooling,
366 or ventilation systems; installation of solar panels; building
367 modifications to increase the use of daylight or shade;
368 replacement of windows; installation of energy controls or
369 energy recovery systems; installation of electric vehicle
370 charging equipment; installation of systems for natural gas fuel
371 as defined in s. 206.9951; and installation of efficient
372 lighting equipment.
373 3. Notwithstanding any other provision of this subsection,
374 a local government infrastructure surtax imposed or extended
375 after July 1, 1998, may allocate up to 15 percent of the surtax
376 proceeds for deposit into a trust fund within the county’s
377 accounts created for the purpose of funding economic development
378 projects having a general public purpose of improving local
379 economies, including the funding of operational costs and
380 incentives related to economic development. The ballot statement
381 must indicate the intention to make an allocation under the
382 authority of this subparagraph.
383 Section 5. This act shall take effect October 1, 2024.
384
385 ================= T I T L E A M E N D M E N T ================
386 And the title is amended as follows:
387 Delete everything before the enacting clause
388 and insert:
389 A bill to be entitled
390 An act relating to alternative mobility funding
391 systems and impact fees; amending s. 163.3164, F.S.;
392 defining terms; amending s. 163.3180, F.S.; requiring
393 a local government to allow an applicant for a certain
394 development permit to satisfy transportation
395 concurrency requirements if the applicant offers to
396 enter into a good faith binding agreement that the
397 project is considered to have mitigated its
398 transportation impacts if the applicant meets certain
399 conditions and requirements; prohibiting a local
400 government from preventing an applicant from
401 proceeding if the applicant has satisfied specified
402 requirements; authorizing certain local governments to
403 adopt an alternative transportation system that is
404 mobility-plan and fee-based in certain circumstances;
405 prohibiting an alternative transportation system from
406 imposing upon new development the responsibility for
407 funding an existing transportation deficiency;
408 requiring counties and municipalities who charge a
409 developer a fee for transportation capacity impacts to
410 create and execute interlocal agreements to coordinate
411 the mitigation of their respective impacts; providing
412 requirements for the interlocal agreements; providing
413 requirements for when such interlocal agreements are
414 not executed by a specified date; providing
415 applicability; amending s. 163.31801, F.S.; requiring
416 certain local governments and special districts that
417 adopt and collect impact fees to ensure that the
418 calculation of the impact fee is based on certain data
419 in an impact fee study; requiring a local government
420 that increases the impact fee to adopt the new impact
421 fee study within a specified timeframe after the
422 initiation of the study; requiring a local government
423 or special district that requires any improvement or
424 contribution to credit against the collection of the
425 impact fee any contribution received, whether
426 identified in a development order or any form of
427 exaction; requiring local governments transitioning to
428 alternative transportation systems to grant holders of
429 impact fee credits in existence before the adoption of
430 the alternative transportation system the full benefit
431 of certain prepaid credit balances as of a specified
432 date; amending s. 212.055, F.S.; conforming a cross
433 reference; providing an effective date.