Bill Text: FL S0688 | 2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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       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.