HB 479 — Alternative Mobility Funding Systems and Impact Fees

AnyThe alternativerevenue mobilityfrom the funding systemmechanism adoptedused mayin notthe use an alternative transportation system must be used to deny,implement time, or phase an application for site plan approval, plat approval, final subdivision approval, building permits, or the functionalneeds equivalent of such approvals provided that the developerlocal agreesgovernment's toplan paywhich forserves theas development's identified transportation impacts via the fundingbasis mechanismfor implemented by the localfee government.imposed.

TheAn revenuealternative fromA themobility fee-based funding mechanism used in the alternative transportation system must becomply usedwith tos. implement the needs of the local government's plan which serves as the basis for the fee imposed.

An alternative transportation A mobility fee-based funding system must comply with s.

An alternative transportation system may not impose that is not mobility fee-based shall not be applied in a manner that imposes upon new development any responsibility for funding an existing transportation deficiency as defined in paragraph (h).

(j)1.(j) Only the local government issuing the building permit may charge for transportation capacity impacts associated with new development or redevelopment that occurs within its jurisdiction.

IfSuch alocal countygovernment andmust municipalitycollect chargeand theaccount developer of a new development or redevelopment a fee for transportationany capacityextrajurisdictional impacts,impacts thepursuant countyto ands. municipality must create and Page 8of 17 CODING:

163.3177(6)(h), regardless of whether it implements a transportation concurrency system or an alternative system.

A local government may not charge new development or redevelopment for the same transportation impacts.

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hb0479-02-e1hb0479-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB47,CS/HB479 Engrossed 1 2024 executeSection an3. interlocal agreement to coordinate the mitigation of their respective transportation capacity impacts.

2.

The interlocal agreement must, at a minimum:

a.

Ensure that any new development or redevelopment is not charged twice for the same transportation capacity impacts.

b.

Establish a plan-based methodology for determining the legally permissible fee to be charged to a new development or redevelopment.

c.

Require the county or municipality issuing the building permit to collect the fee, unless agreed to otherwise.

d.

Provide a method for the proportionate distribution of the revenue collected by the county or municipality to address the transportation capacity impacts of a new development or redevelopment, or provide a method of assigning responsibility for the mitigation of the transportation capacity impacts belonging to the county and the municipality.

3.

By October 1, 2025, if an interlocal agreement is not executed pursuant to this paragraph:

a.

The fee charged to a new development or redevelopment shall be based on the transportation capacity impacts apportioned to the county and municipality as identified in the developer's traffic impact study or the mobility plan adopted by the county or municipality.

b.

The developer shall receive a 10 percent reduction in the total fee calculated pursuant to sub-subparagraph a.

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hb0479-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB47, Engrossed 1 2024 c.

The county or municipality issuing the building permit must collect the fee charged pursuant to sub-subparagraphs a.

and b.

and distribute the proceeds of such fee to the county and municipality within 60 days after the developer's payment.

4.

This paragraph does not apply to:

a.

A county as defined in s.

125.011(1).

b.

A county or municipality that has entered into, or otherwise updated, an existing interlocal agreement, as of October 1, 2024, to coordinate the mitigation of transportation impacts.

However, if such existing interlocal agreement is terminated, the affected county and municipality that have entered into the agreement shall be subject to the requirements of this paragraph unless the county and municipality mutually agree to extend the existing interlocal agreement before the expiration of the agreement.

Section 3.

(a) Ensure that the calculation of the impact fee is based Pageon 10the of17most CODING:recent and localized data available within the previous 12 months before adoption if the ordinance or resolution increases the impact fee.

(5)(a) Notwithstanding any charter provision, comprehensive plan policy, ordinance, development order, development permit, or resolution, the local government or special district that requires any improvement or contribution must credit against the collection of the impact fee any contribution, whether identified in a development order, proportionate share agreement, or any other form of exaction, related to public facilities or infrastructure, including monetary contributions, land dedication, site planning and design, or construction.

Any contribution must be applied on a dollar-for-dollar basis at fair market value to reduce any impact fee collected for the general category or class of public Page 9of 15 CODING:

hb0479-02-e1hb0479-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB47,CS/HB479 Engrossed 1 2024 onfacilities aor studyinfrastructure usingfor thewhich most recent and localized data available within 4 years of the currentcontribution impactwas feemade. update.

The new study must be adopted by the local government within 12 months of the initiation of the new impact fee study if the local government increases the impact fee.

(5)(a) Notwithstanding any charter provision, comprehensive plan policy, ordinance, development order, development permit, or resolution, the local government or special district that requires any improvement or contribution must credit against the collection of the impact fee any contribution, whether identified in a development order, proportionate share agreement, or any other form of exaction, related to public facilities or infrastructure, including monetary contributions, land dedication, site planning and design, or construction.

Any contribution must be applied on a dollar-for-dollar basis at fair market value to reduce any impact fee collected for the general category or class of public facilities or infrastructure for which the contribution was made.

If a local government adopts an Pagealternative 11funding of17system CODING:pursuant to s.

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hb0479-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB47, Engrossed 1 2024 alternative transportation system pursuant to s.

380.06 or otherwise that were in existence before the adoption of the alternative transportationfunding system is entitled to the full benefit of the intensity and density prepaid by the credit balance as of the date the alternative transportationfunding system was first established.

the procedurePage which10 mustof15 beCODING: followed to secure voter approval, if required;

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hb0479-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB479 2024 procedure which must be followed to secure voter approval, if required;

(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.— (d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by the Pageschool 12district, of17within CODING:the county and municipalities within the county, or, in the case of a negotiated joint county agreement, within another county, to finance, plan, and construct infrastructure;

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hb0479-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB47, Engrossed 1 2024 school district, within the county and municipalities within the county, or, in the case of a negotiated joint county agreement, within another county, to finance, plan, and construct infrastructure;

The proceeds and any interest may not be used for the operationalPage expenses11 ofof15 infrastructure,CODING: except that a county that has a population of fewer than 75,000 and that is required to close a landfill may use the proceeds or interest for long- term maintenance costs associated with landfill closure.

Counties, as defined in s.

125.011, and charter counties may, in addition, use the proceeds or interest to retire or service indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for bonds subsequently issued to Page 13 of17 CODING:

hb0479-02-e1hb0479-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB47,CS/HB479 Engrossed2024 1operational 2024expenses refundof suchinfrastructure, bonds.except that a county that has a population of fewer than 75,000 and that is required to close a landfill may use the proceeds or interest for long- term maintenance costs associated with landfill closure.

Counties, as defined in s.

125.011, and charter counties may, in addition, use the proceeds or interest to retire or service indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for bonds subsequently issued to refund such bonds.

189.012(5), and includes facilities that are necessary to carry out governmental purposes, including, but not limited to, fire stations, general governmental office buildings, and animal shelters, regardless of whether the facilitiesPage are12 ownedof15 byCODING: the local taxing authority or another governmental entity.

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hb0479-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB479 2024 facilities are owned by the local taxing authority or another governmental entity.

Any expenditure for the construction, lease, or Pagemaintenance 14of, of17or CODING:provision of utilities or security for, facilities, as defined in s.

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hb0479-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB47, Engrossed 1 2024 maintenance of, or provision of utilities or security for, facilities, as defined in s.

The owner must enter into a written contract with the local government providing the improvement funding to make the private facility available to the public for purposes of emergency shelter at no cost to the local government for a minimum of 10 years after completion of the improvement, with the provision that the obligation will transfer to any subsequentPage owner13 untilof15 theCODING: end of the minimum period.

e.

Any land acquisition expenditure for a residential housing project in which at least 30 percent of the units are affordable to individuals or families whose total annual household income does not exceed 120 percent of the area median income adjusted for household size, if the land is owned by a local government or by a special district that enters into a written agreement with the local government to provide such Page 15 of17 CODING:

hb0479-02-e1hb0479-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB47,CS/HB479 Engrossed2024 1subsequent 2024owner housing.until the end of the minimum period.

e.

Any land acquisition expenditure for a residential housing project in which at least 30 percent of the units are affordable to individuals or families whose total annual household income does not exceed 120 percent of the area median income adjusted for household size, if the land is owned by a local government or by a special district that enters into a written agreement with the local government to provide such housing.

For the purposes of this paragraph, the term "energy efficiency improvement" means any energy conservation and efficiency improvement that reduces consumption through conservation or a more efficient use of electricity, natural gas,Page propane,14 orof15 otherCODING: forms of energy on the property, including, but not limited to, air sealing;

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hb0479-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB479 2024 gas, propane, or other forms of energy on the property, including, but not limited to, air sealing;

installation of systems for natural gas fuel Pageas 16defined of17in CODING:s.

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hb0479-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB47, Engrossed 1 2024 as defined in s.

This act shall take effect OctoberJuly 1, 2024.

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