Florida Senate - 2024 SB 688
By Senator Martin
33-01545-24 2024688__
1 A bill to be entitled
2 An act relating to alternative mobility funding
3 systems; amending s. 163.3164, F.S.; providing
4 definitions; amending s. 163.3180, F.S.; revising
5 requirements relating to agreements to pay for or
6 construct certain improvements; authorizing certain
7 local governments to adopt an alternative mobility
8 planning and fee system or an alternative system in
9 certain circumstances; providing requirements for the
10 application of an adopted alternative system;
11 prohibiting an alternative system from imposing
12 responsibility for funding an existing transportation
13 deficiency upon new development; providing that only
14 local governments issuing building permits may charge
15 for transportation impacts; requiring local
16 governments that issue building permits to collect for
17 extrajurisdictional impacts; prohibiting local
18 governments from assessing multiple charges for the
19 same transportation impact; amending s. 163.31801,
20 F.S.; revising requirements for the calculation of
21 impact fees by certain local governments and special
22 districts; requiring local governments transitioning
23 to alternative funding systems to provide holders of
24 impact fee credits with full benefit of intensity and
25 density of prepaid credit balances as of a specified
26 date; amending s. 212.055, F.S.; conforming a cross
27 reference; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Present subsections (32) through (52) of section
32 163.3164, Florida Statutes, are redesignated as subsections (34)
33 through (54), respectively, and new subsections (32) and (33)
34 are added to that section, to read:
35 163.3164 Community Planning Act; definitions.—As used in
36 this act:
37 (32) “Mobility fee” means a local government fee schedule
38 established by ordinance and based on the projects included in
39 the local government’s adopted mobility plan.
40 (33) “Mobility plan” means an integrated land use and
41 alternative mobility transportation plan adopted into a local
42 government comprehensive plan that promotes a compact, mixed
43 use, and interconnected development served by a multimodal
44 transportation system in an area that is urban in character as
45 defined in s. 171.031.
46 Section 2. Paragraphs (h) and (i) of subsection (5) of
47 section 163.3180, Florida Statutes, are amended, and paragraph
48 (j) is added to that subsection, to read:
49 163.3180 Concurrency.—
50 (5)
51 (h)1. Local governments that continue to implement a
52 transportation concurrency system, whether in the form adopted
53 into the comprehensive plan before the effective date of the
54 Community Planning Act, chapter 2011-139, Laws of Florida, or as
55 subsequently modified, must:
56 a. Consult with the Department of Transportation when
57 proposed plan amendments affect facilities on the strategic
58 intermodal system.
59 b. Exempt public transit facilities from concurrency. For
60 the purposes of this sub-subparagraph, public transit facilities
61 include transit stations and terminals; transit station parking;
62 park-and-ride lots; intermodal public transit connection or
63 transfer facilities; fixed bus, guideway, and rail stations; and
64 airport passenger terminals and concourses, air cargo
65 facilities, and hangars for the assembly, manufacture,
66 maintenance, or storage of aircraft. As used in this sub
67 subparagraph, the terms “terminals” and “transit facilities” do
68 not include seaports or commercial or residential development
69 constructed in conjunction with a public transit facility.
70 c. Allow an applicant for a development-of-regional-impact
71 development order, development agreement, rezoning, or other
72 land use development permit to satisfy the transportation
73 concurrency requirements of the local comprehensive plan, the
74 local government’s concurrency management system, and s. 380.06,
75 when applicable, if:
76 (I) The applicant in good faith offers to enter into a
77 binding agreement to pay for or construct its proportionate
78 share of required improvements in a manner consistent with this
79 subsection. The agreement must provide that after an applicant
80 makes its contribution or constructs its proportionate share
81 pursuant to this sub-sub-subparagraph, the project shall be
82 considered to have mitigated its transportation impacts and be
83 allowed to proceed.
84 (II) The proportionate-share contribution or construction
85 is sufficient to accomplish one or more mobility improvements
86 that will benefit a regionally significant transportation
87 facility. A local government may accept contributions from
88 multiple applicants for a planned improvement if it maintains
89 contributions in a separate account designated for that purpose.
90 A local government may not prevent a single applicant from
91 proceeding after the applicant has satisfied its proportionate
92 share contribution.
93 d. Provide the basis upon which the landowners will be
94 assessed a proportionate share of the cost addressing the
95 transportation impacts resulting from a proposed development.
96 2. An applicant shall not be held responsible for the
97 additional cost of reducing or eliminating deficiencies. When an
98 applicant contributes or constructs its proportionate share
99 pursuant to this paragraph, a local government may not require
100 payment or construction of transportation facilities whose costs
101 would be greater than a development’s proportionate share of the
102 improvements necessary to mitigate the development’s impacts.
103 a. The proportionate-share contribution shall be calculated
104 based upon the number of trips from the proposed development
105 expected to reach roadways during the peak hour from the stage
106 or phase being approved, divided by the change in the peak hour
107 maximum service volume of roadways resulting from construction
108 of an improvement necessary to maintain or achieve the adopted
109 level of service, multiplied by the construction cost, at the
110 time of development payment, of the improvement necessary to
111 maintain or achieve the adopted level of service.
112 b. In using the proportionate-share formula provided in
113 this subparagraph, the applicant, in its traffic analysis, shall
114 identify those roads or facilities that have a transportation
115 deficiency in accordance with the transportation deficiency as
116 defined in subparagraph 4. The proportionate-share formula
117 provided in this subparagraph shall be applied only to those
118 facilities that are determined to be significantly impacted by
119 the project traffic under review. If any road is determined to
120 be transportation deficient without the project traffic under
121 review, the costs of correcting that deficiency shall be removed
122 from the project’s proportionate-share calculation and the
123 necessary transportation improvements to correct that deficiency
124 shall be considered to be in place for purposes of the
125 proportionate-share calculation. The improvement necessary to
126 correct the transportation deficiency is the funding
127 responsibility of the entity that has maintenance responsibility
128 for the facility. The development’s proportionate share shall be
129 calculated only for the needed transportation improvements that
130 are greater than the identified deficiency.
131 c. When the provisions of subparagraph 1. and this
132 subparagraph have been satisfied for a particular stage or phase
133 of development, all transportation impacts from that stage or
134 phase for which mitigation was required and provided shall be
135 deemed fully mitigated in any transportation analysis for a
136 subsequent stage or phase of development. Trips from a previous
137 stage or phase that did not result in impacts for which
138 mitigation was required or provided may be cumulatively analyzed
139 with trips from a subsequent stage or phase to determine whether
140 an impact requires mitigation for the subsequent stage or phase.
141 d. In projecting the number of trips to be generated by the
142 development under review, any trips assigned to a toll-financed
143 facility shall be eliminated from the analysis.
144 e. The applicant shall receive a credit on a dollar-for
145 dollar basis for impact fees, mobility fees, and other
146 transportation concurrency mitigation requirements paid or
147 payable in the future for the project. The credit shall be
148 reduced up to 20 percent by the percentage share that the
149 project’s traffic represents of the added capacity of the
150 selected improvement, or by the amount specified by local
151 ordinance, whichever yields the greater credit.
152 3. This subsection does not require a local government to
153 approve a development that, for reasons other than
154 transportation impacts, is not qualified for approval pursuant
155 to the applicable local comprehensive plan and land development
156 regulations.
157 4. As used in this subsection, the term “transportation
158 deficiency” means a facility or facilities on which the adopted
159 level-of-service standard is exceeded by the existing,
160 committed, and vested trips, plus additional projected
161 background trips from any source other than the development
162 project under review, and trips that are forecast by established
163 traffic standards, including traffic modeling, consistent with
164 the University of Florida’s Bureau of Economic and Business
165 Research medium population projections. Additional projected
166 background trips are to be coincident with the particular stage
167 or phase of development under review.
168 (i) If a local government elects to repeal transportation
169 concurrency, the local government may it is encouraged to adopt
170 an alternative mobility planning and fee funding system or an
171 alternative system that is not mobility plan and fee based. The
172 local government that uses one or more of the tools and
173 techniques identified in paragraph (f). Any alternative mobility
174 funding system adopted may not use an alternative system be used
175 to deny, time, or phase an application for site plan approval,
176 plat approval, final subdivision approval, building permits, or
177 the functional equivalent of such approvals provided that the
178 developer agrees to pay for the development’s identified
179 transportation impacts via the funding mechanism implemented by
180 the local government. The revenue from the funding mechanism
181 used in the alternative system must be used to implement the
182 needs of the local government’s plan which serves as the basis
183 for the fee imposed. An alternative A mobility fee-based funding
184 system must comply with s. 163.31801 governing impact fees. An
185 alternative system may not impose that is not mobility fee-based
186 shall not be applied in a manner that imposes upon new
187 development any responsibility for funding an existing
188 transportation deficiency as defined in paragraph (h).
189 (j) Only the local government issuing the building permit
190 may charge for transportation impacts within its jurisdiction.
191 Such local government must collect and account for any
192 extrajurisdictional impacts pursuant to s. 163.3177(6)(h),
193 regardless of whether it implements a transportation concurrency
194 system or an alternative system. A local government may not
195 charge new development or redevelopment for the same
196 transportation impacts.
197 Section 3. Paragraph (a) of subsection (4), paragraph (a)
198 of subsection (5), and subsection (7) of section 163.31801,
199 Florida Statutes, are amended to read:
200 163.31801 Impact fees; short title; intent; minimum
201 requirements; audits; challenges.—
202 (4) At a minimum, each local government that adopts and
203 collects an impact fee by ordinance and each special district
204 that adopts, collects, and administers an impact fee by
205 resolution must:
206 (a) Ensure that the calculation of the impact fee is based
207 on the most recent and localized data available within the
208 previous 12 months before adoption.
209 (5)(a) Notwithstanding any charter provision, comprehensive
210 plan policy, ordinance, development order, development permit,
211 or resolution, the local government or special district that
212 requires any improvement or contribution must credit against the
213 collection of the impact fee any contribution, whether
214 identified in a development order, proportionate share
215 agreement, or any other form of exaction, related to public
216 facilities or infrastructure, including monetary contributions,
217 land dedication, site planning and design, or construction. Any
218 contribution must be applied on a dollar-for-dollar basis at
219 fair market value to reduce any impact fee collected for the
220 general category or class of public facilities or infrastructure
221 for which the contribution was made.
222 (7) If an impact fee is increased, the holder of any impact
223 fee credits, whether such credits are granted under s. 163.3180,
224 s. 380.06, or otherwise, which were in existence before the
225 increase, is entitled to the full benefit of the intensity or
226 density prepaid by the credit balance as of the date it was
227 first established. If a local government adopts an alternative
228 funding system pursuant to s. 163.3180(5)(i), the holder of any
229 transportation or road impact fee credits granted under s.
230 163.3180 or s. 380.06 or otherwise that were in existence before
231 the adoption of the alternative funding system is entitled to
232 the full benefit of the intensity and density prepaid by the
233 credit balance as of the date the alternative funding system was
234 first established.
235 Section 4. Paragraph (d) of subsection (2) of section
236 212.055, Florida Statutes, is amended to read:
237 212.055 Discretionary sales surtaxes; legislative intent;
238 authorization and use of proceeds.—It is the legislative intent
239 that any authorization for imposition of a discretionary sales
240 surtax shall be published in the Florida Statutes as a
241 subsection of this section, irrespective of the duration of the
242 levy. Each enactment shall specify the types of counties
243 authorized to levy; the rate or rates which may be imposed; the
244 maximum length of time the surtax may be imposed, if any; the
245 procedure which must be followed to secure voter approval, if
246 required; the purpose for which the proceeds may be expended;
247 and such other requirements as the Legislature may provide.
248 Taxable transactions and administrative procedures shall be as
249 provided in s. 212.054.
250 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
251 (d) The proceeds of the surtax authorized by this
252 subsection and any accrued interest shall be expended by the
253 school district, within the county and municipalities within the
254 county, or, in the case of a negotiated joint county agreement,
255 within another county, to finance, plan, and construct
256 infrastructure; to acquire any interest in land for public
257 recreation, conservation, or protection of natural resources or
258 to prevent or satisfy private property rights claims resulting
259 from limitations imposed by the designation of an area of
260 critical state concern; to provide loans, grants, or rebates to
261 residential or commercial property owners who make energy
262 efficiency improvements to their residential or commercial
263 property, if a local government ordinance authorizing such use
264 is approved by referendum; or to finance the closure of county
265 owned or municipally owned solid waste landfills that have been
266 closed or are required to be closed by order of the Department
267 of Environmental Protection. Any use of the proceeds or interest
268 for purposes of landfill closure before July 1, 1993, is
269 ratified. The proceeds and any interest may not be used for the
270 operational expenses of infrastructure, except that a county
271 that has a population of fewer than 75,000 and that is required
272 to close a landfill may use the proceeds or interest for long
273 term maintenance costs associated with landfill closure.
274 Counties, as defined in s. 125.011, and charter counties may, in
275 addition, use the proceeds or interest to retire or service
276 indebtedness incurred for bonds issued before July 1, 1987, for
277 infrastructure purposes, and for bonds subsequently issued to
278 refund such bonds. Any use of the proceeds or interest for
279 purposes of retiring or servicing indebtedness incurred for
280 refunding bonds before July 1, 1999, is ratified.
281 1. For the purposes of this paragraph, the term
282 “infrastructure” means:
283 a. Any fixed capital expenditure or fixed capital outlay
284 associated with the construction, reconstruction, or improvement
285 of public facilities that have a life expectancy of 5 or more
286 years, any related land acquisition, land improvement, design,
287 and engineering costs, and all other professional and related
288 costs required to bring the public facilities into service. For
289 purposes of this sub-subparagraph, the term “public facilities”
290 means facilities as defined in s. 163.3164(41) s. 163.3164(39),
291 s. 163.3221(13), or s. 189.012(5), and includes facilities that
292 are necessary to carry out governmental purposes, including, but
293 not limited to, fire stations, general governmental office
294 buildings, and animal shelters, regardless of whether the
295 facilities are owned by the local taxing authority or another
296 governmental entity.
297 b. A fire department vehicle, an emergency medical service
298 vehicle, a sheriff’s office vehicle, a police department
299 vehicle, or any other vehicle, and the equipment necessary to
300 outfit the vehicle for its official use or equipment that has a
301 life expectancy of at least 5 years.
302 c. Any expenditure for the construction, lease, or
303 maintenance of, or provision of utilities or security for,
304 facilities, as defined in s. 29.008.
305 d. Any fixed capital expenditure or fixed capital outlay
306 associated with the improvement of private facilities that have
307 a life expectancy of 5 or more years and that the owner agrees
308 to make available for use on a temporary basis as needed by a
309 local government as a public emergency shelter or a staging area
310 for emergency response equipment during an emergency officially
311 declared by the state or by the local government under s.
312 252.38. Such improvements are limited to those necessary to
313 comply with current standards for public emergency evacuation
314 shelters. The owner must enter into a written contract with the
315 local government providing the improvement funding to make the
316 private facility available to the public for purposes of
317 emergency shelter at no cost to the local government for a
318 minimum of 10 years after completion of the improvement, with
319 the provision that the obligation will transfer to any
320 subsequent owner until the end of the minimum period.
321 e. Any land acquisition expenditure for a residential
322 housing project in which at least 30 percent of the units are
323 affordable to individuals or families whose total annual
324 household income does not exceed 120 percent of the area median
325 income adjusted for household size, if the land is owned by a
326 local government or by a special district that enters into a
327 written agreement with the local government to provide such
328 housing. The local government or special district may enter into
329 a ground lease with a public or private person or entity for
330 nominal or other consideration for the construction of the
331 residential housing project on land acquired pursuant to this
332 sub-subparagraph.
333 f. Instructional technology used solely in a school
334 district’s classrooms. As used in this sub-subparagraph, the
335 term “instructional technology” means an interactive device that
336 assists a teacher in instructing a class or a group of students
337 and includes the necessary hardware and software to operate the
338 interactive device. The term also includes support systems in
339 which an interactive device may mount and is not required to be
340 affixed to the facilities.
341 2. For the purposes of this paragraph, the term “energy
342 efficiency improvement” means any energy conservation and
343 efficiency improvement that reduces consumption through
344 conservation or a more efficient use of electricity, natural
345 gas, propane, or other forms of energy on the property,
346 including, but not limited to, air sealing; installation of
347 insulation; installation of energy-efficient heating, cooling,
348 or ventilation systems; installation of solar panels; building
349 modifications to increase the use of daylight or shade;
350 replacement of windows; installation of energy controls or
351 energy recovery systems; installation of electric vehicle
352 charging equipment; installation of systems for natural gas fuel
353 as defined in s. 206.9951; and installation of efficient
354 lighting equipment.
355 3. Notwithstanding any other provision of this subsection,
356 a local government infrastructure surtax imposed or extended
357 after July 1, 1998, may allocate up to 15 percent of the surtax
358 proceeds for deposit into a trust fund within the county’s
359 accounts created for the purpose of funding economic development
360 projects having a general public purpose of improving local
361 economies, including the funding of operational costs and
362 incentives related to economic development. The ballot statement
363 must indicate the intention to make an allocation under the
364 authority of this subparagraph.
365 Section 5. This act shall take effect July 1, 2024.