Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/CS/HB 235 Alternative Mobility Funding Systems
SPONSOR(S): Ways & Means Committee, Local Administration, Federal Affairs & Special Districts
Subcommittee, Robinson, W.
TIED BILLS:         IDEN./SIM. BILLS: SB 350
    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF
    1) Local Administration, Federal Affairs & Special          16 Y, 0 N, As CS        Mwakyanjala        Darden
       Districts Subcommittee
    2) Ways & Means Committee                                   23 Y, 0 N, As CS        LaTorre            Aldridge
    3) Commerce Committee
                                             SUMMARY ANALYSIS
Each county and municipality is required to plan for future development and growth by adopting, implementing,
and amending as necessary a comprehensive plan. All elements of a plan or plan amendment must be based
on relevant, appropriate data and an analysis by the local government. Each comprehensive plan must include
a transportation element addressing traffic circulation, including the types, locations, and extent of existing and
proposed major thoroughfares and transportation routes, including bicycle and pedestrian ways.
Certain public facilities and services must be in place and available to serve new development no later than the
issuance of a certificate of occupancy or its functional equivalent by a local government. Local governments
may extend this concurrency requirement to additional public facilities such as transportation. Local
governments electing to repeal transportation concurrency are encouraged to adopt an alternative mobility
funding system. One method of funding local government transportation concurrency requirements is through
the adoption and imposition of impact fees to fund the infrastructure needed to expand local services to meet
the demands of population growth caused by new growth. Local governments may increase impact fees only
under limited circumstances, including upon a showing of extraordinary circumstances.
In 2013, the concept of a mobility fee-based funding system was added to the comprehensive planning
statutes as an encouraged alternative to transportation concurrency.
The bill revises provisions concerning impact fees and concurrency and provides additional guidance
concerning mobility fees. The bill provides definitions for “mobility fee” and “mobility plan” to be used within the
Community Planning Act. The bill provides that local governments adopting and collecting impact fees by
ordinance or resolution must use localized data available within the previous 12 months of adoption for the
local government’s calculation of impact fees.
The bill does not have a fiscal impact on state or local government.
The bill takes effect on July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0235c.WMC
DATE: 4/12/2023
                                                         FULL ANALYSIS
                                                 I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
         Present Situation
         Every local government, defined as any county and municipality, 1 is required to plan for future
         development and growth by adopting, implementing, and amending as necessary a comprehensive
         plan.2 All elements of a plan or plan amendment must be based on relevant, appropriate data 3 and an
         analysis by the local government that may include surveys, studies, aspirational goals, and other data
         available at the time of adopting the plan or amendment. 4 The data supporting a plan or amendment
         must be taken from professionally accepted sources 5 and must be based on permanent and seasonal
         population estimates and projections.6
         Each comprehensive plan must include a transportation element, the purpose of which is to plan for a
         multimodal transportation system emphasizing feasible public transportation, addressing mobility
         issues pertinent to the size and character of the local government, and designed to support all other
         elements of the comprehensive plan.7 The transportation element must address traffic circulation,
         including the types, locations, and extent of existing and proposed major thoroughfares and
         transportation routes, including bicycle and pedestrian ways. 8 The plan of a local government with a
         population exceeding 50,000 that is not within the planning area of a metropolitan planning
         organization (MPO)9 also must address mass transit, ports, and aviation10 and related facilities.11 The
         transportation planning element for a local government with a population exceeding 50,000 located
         within the area of a MPO specifically must address the following:
              All alternative modes of travel, including public transportation, pedestrian, and bicycle;
              Aviation, rail, and seaport facilities, access to those facilities, and intermodal transportation;
              Capability to evacuate coastal population prior to a natural disaster; and
              Identification of land use densities, building intensities, and transportation management
                 programs to promote public transportation.12
         The transportation planning element for a municipality with a population exceeding 50,000, or a county
         with a population exceeding 75,000, must provide for moving people by mass transit, including:
              Providing efficient, safe, and convenient public transit, including accommodation for the
                 transportation disadvantaged;
              Plans for port, aviation, and related facilities; and
              Plans for circulation of recreational traffic, including bicycle and riding facilities and exercise
                 trails.13
1 S. 163.3164(29), F.S. For the purpose of the act, the Central Florida Tourism Oversight District may exercise the powers of a
municipality for the area under its jurisdiction. S. 163.3167(6), F.S. See also ch. 2023-5, Laws of Fla. (renaming the Reedy Creek
Improvement District to the Central Florida Tourism Oversight District).
2
  Ss. 163.3167(2), 163.3177(2), F.S.
3 “To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that
particular subject at the time of adoption of the plan or plan amendment at issue.” S. 163.3177(1)(f), F.S.
4 S. 163.3177(1)(f), F.S.
5 S. 163.3177(1)(f)2., F.S. The statute does not further define “professionally accepted sources.”
6
  S. 163.3177(1)(f)3., F.S. Population estimates may be those published by the Office of Economic and Demographic Research or m ay
be generated by the local government based upon a professionally acceptable methodology. Id.
7 S. 163.3177(6)(b), F.S.
8 S. 163.3177(6)(b)1., F.S.
9 S. An MPO must be designated as provided in 23 U.S.C. s. 450.310(a) for each urbanized area with a population of more than
50,000. S. 339.175(2), F.S. Florida MPOs are intended specifically to develop plans and progr ams in metropolitan areas for the
development and management of transportation systems and facilities, including pedestrian walkways and bicycle transportation
facilities to function as an intermodal transportation system. S. 339.175(1), F.S.
10 All local governments have the option to include within the transportation element an airport master plan, incorporated into the plan
through the comprehensive plan amendment process. S. 163.3177(6)(b)4., F.S.
11 S. 163.3177(6)(b), F.S.
12 S. 163.3177(6)(b)2., F.S.
13 S. 163.3177(6)(b)3., F.S.
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         In addition to the general requirements for data supporting a comprehensive plan or amendment, the
         transportation planning element must include one or more maps showing the general location of
         existing and proposed transportation system features and data, analyses, and associated principles
         pertaining to:
              Existing transportation system levels of service and system needs and availability of
                 transportation facilities and services;
              Growth trends and travel patterns, as well as interactions between land use and transportation;
              Current and projected intermodal14 deficiencies and needs;
              Projected transportation system levels of service and system needs; and
              How the local government will correct existing facility deficiencies, meet the needs of the
                 projected transportation system, and advance the transportation purposes of the plan. 15
         Generally, local government transportation and mobility planning should address providing mobility
         options, such as automobile, bicycle, pedestrian, or mass transit, that minimize environmental impacts,
         expand transportation options, and increase connectivity between destinations. 16
         Transportation Concurrency
         Certain public facilities and services must be in place and available to serve new development no later
         than the issuance of a certificate of occupancy or its functional equivalent by a local government. 17
         Local governments may extend this concurrency requirement to additional public facilities such as
         transportation.18 Where concurrency is applied to transportation, the local government comprehensive
         plan must provide the principles, guidelines, standards, and strategies, including adopted levels of
         service, to guide its application.19 The plan must show that the included levels of service may
         reasonably be met.20 Local governments utilizing transportation concurrency must use professionally
         accepted studies to evaluate levels of service and techniques to measure such levels of service when
         evaluating potential impacts of proposed developments. 21 While local governments implementing a
         transportation concurrency system are encouraged to develop and use certain tools and guidelines,
         such as addressing potential negative impacts on urban infill and redevelopment22 and adopting long-
         term multimodal strategies,23 such local governments must follow specific concurrency requirements
         including consulting with the Florida Department of Transportation if proposed amendments to the plan
         affect the Strategic Intermodal System, exempting public transit facilities from concurrency
         requirements, and allowing a developer to contribute a proportionate share to mitigate transportation
         impacts for a specific development.24
         An applicant for a development-of-regional-impact development order, development agreement,
         rezoning, or other land use development permit satisfies the requirements for transportation
         concurrency if the applicant in good faith offers to enter into a binding agreement to pay for or construct
         its proportionate share of transportation improvements required to mitigate the impact of the proposed
14 “Intermodal transportation” is not defined in the statute but generally means the transportation by or involving more than on e form of
carrier in a single journey, particularly for moving cargo. See “intermodal,” available at https://www.merriam-
webster.com/dictionary/intermodal (last visited April 11, 2023); “intermodal transport,” available at
https://www.ups.com/us/en/supplychain/insights/knowledge/glossary-term/intermodal-transport.page (last visited April 11, 2023). Part of
the intent in creating the Florida Strategic Intermodal System is to addre ss the increased demands placed on the entire statewide
transportation system by economic and population growth and projected increases in freight movement, international trade, and tourism
designing and operating a strategic intermodal system to meet the mobility needs of the state. See s. 339.61(2), F.S.
15
   S. 163.3177(6)(b)1., F.S.
16 Dept. of Economic Opportunity, “Transportation Planning,” available at https://www.floridajobs.org/community-planning-and-
development/programs/community-planning-table-of-contents/transportation-planning (last visited April 11, 2023), herein DEO
Transportation Planning.
17 S. 163.1380(2), F.S. The only such services for which concurrency is mandatory are sanitary sewer, solid waste, drainage, and
potable water supplies.
18 S. 163.3180(1), F.S.
19 Ss. 163.3180(1)(a), 163.3180(5)(a), F.S. See DEO Transportation Planning, supra n. 16.
20 S. 163.3180(1)(b), F.S.
21 S. 163.3180(5)(b)-(c), F.S.
22 S. 163.3180(5)(e), F.S.
23 S. 163.3180(f), F.S.
24 S. 163.3180(5)(h), F.S. See DEO Transportation Planning, supra n. 16.
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         development and the proffered proportionate share contribution or construction is sufficient to
         accomplish one or more mobility improvements benefitting a regionally significant transportation
         facility.25 The plan for transportation concurrency must provide the basis on which landowners will be
         assessed a proportionate share,26 which must include a compliant formula for calculating the
         proportionate share.27 The proportionate share may not include additional costs to reduce or eliminate
         existing transportation deficiencies.28
         Local governments electing to repeal transportation concurrency are encouraged to adopt an
         alternative mobility funding system. Such an alternative system may not be used to restrict or deny
         certain development approval applications provided the developer agrees to pay for the development’s
         transportation impacts using the funding mechanism implemented by the local government. Local
         government mobility fee systems must comply with all requirements for adopting and implementing
         impact fees. An alternative funding system that is not mobility fee based may not impose on new
         development any responsibility for funding existing transportation deficiencies. 29
         Impact Fees
         One method of funding local government transportation concurrency requirements is through the
         adoption and imposition of impact fees on new development. Local governments impose impact fees to
         fund infrastructure30 needed to expand local services to meet the demands of population growth
         caused by new growth.31 Impact fees must meet the following minimum criteria when adopted:
             The fee must be calculated using the most recent and localized data. 32
             The local government adopting the impact fee must account for and report impact fee
                 collections and expenditures. If the fee is imposed for a specific infrastructure need, the local
                 government must account for those revenues and expenditures in a separate accounting fund. 33
             Charges imposed for the collection of impact fees must be limited to the actual costs. 34
             All local governments must give notice of a new or increased impact fee at least 90 days before
                 the new or increased fee takes effect, but need not wait 90 days before decreasing, suspending,
                 or eliminating an impact fee. Unless the result reduces total mitigation costs or impact fees on
                 an applicant, new or increased impact fees may not apply to current or pending applications
                 submitted before the effective date of an ordinance or resolution imposing a new or increased
                 impact fee.35
             A local government may not require payment of the impact fee before the date of issuing a
                 building permit for the property that is subject to the fee. 36
             The impact fee must be reasonably connected to, or have a rational nexus with, the need for
                 additional capital facilities and the increased impact generated by the new residential or
                 commercial construction.37
25 S. 163.3180(5)(h)1.c., F.S.
26 S. 163.3180(5)(h)1.d., F.S.
27 S. 163.3180(5(h)2.a.-d., F.S.
28 S. 163.3180(5)(h)2., F.S. For purposes of s. 163.3180(5), F.S., “transportation deficiency” means a facility or facilities on which the
level of service standard adopted in the comprehensive plan is exceeded by the number of existing, projected, or vested trips toget her
with additional trips originating from any source other than the development project under review, and trips forecast by esta blished
traffic standards. S. 163.3180(5)(h)4., F.S. Local governments may resolve existing transportation deficiencies within an ide ntified
transportation deficiency area by creating a transportation development authority with specific powers to implement a transportation
sufficiency plan funded through a formula of tax increment funding. Adopting a transportation sufficiency plan is deemed as m eeting
transportation level of service standards, and proportionate fair-share mitigation is limited to ensure developments within the
transportation deficiency area are not responsible for additional costs to eliminate deficiencies. S. 163.3182, F.S.
29 S. 163.3180(5)(i), F.S.
30 “Infrastructure” means the fixed capital expenditure or outlay for the construction, recons truction, or improvement of public facilities
with a life expectancy of five or more years, together with specific other costs required to bring the public facility into s ervice but
excluding the costs of repairs or maintenance. The term also includes specific equipment. S. 163.31801(3), F.S.
31 S. 163.31801(2), F.S. Water and sewer connection fees are not impact fees. S. 163.31801(12), F.S.
32 S. 163.31801(4)(a), F.S.
33 S. 163.31801(4)(b), F.S.
34 S. 163.31801(4)(c), F.S.
35 S. 163.31801(4)(d), F.S.
36 S. 163.31801(4)(e), F.S.
37 S. 163.31801(4)(f), F.S.
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                 The impact fee must be reasonably connected to, or have a rational nexus with, the