Florida SB 350: Alternative Mobility Funding Systems

Bill Text

Florida Senate - 2023 SB 350

By Senator Brodeur

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A bill to be entitled 1
An act relating to alternative mobility funding 2
systems; amending s. 163.3164, F.S.; defining the 3
terms “mobility fee” and “mobility plan”; amending s. 4
163.3180, F.S.; revising requirements regarding 5
agreements to pay for or construct certain 6
improvements; authorizing certain local governments to 7
adopt an alternative mobility planning and fee system 8
or, in certain circumstances, an alternative system; 9
specifying requirements for the application of an 10
adopted alternative system; prohibiting an alternative 11
system from imposing responsibility for funding an 12
existing transportation deficiency on a new 13
development; amending s. 163.31801, F.S.; revising 14
requirements for the calculation of impact fees by 15
certain local governments and special districts; 16
deleting local governments’, school districts’, or 17
special districts’ ability to increase impact fees in 18
certain instances; creating s. 163.31803, F.S.; 19
providing authorizations for mobility fee-based 20
funding systems and requirements for mobility plans; 21
prohibiting certain transportation impact fees and 22
fees that are not mobility-based fees within specified 23
areas; prohibiting mobility fees, fee updates, or fee 24
increases from relying solely on motor vehicle 25
capacity; requiring certain mobility fees to be 26
updated within a specified timeframe; providing that 27
mobility fees that are not updated are void; providing 28
that certain adjustments and phased-in fees do not 29

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qualify as updates; providing that mobility fees may 30
not be based on recurring transportation costs and 31
must fully mitigate the development’s full 32
transportation impacts; specifying requirements for a 33
local government adopting a mobility plan and 34
mobility-fee-based funding system for transportation 35
mitigation; specifying criteria to be used by a local 36
government in calculating a mobility plan and mobility 37
fee for transportation mitigation improvements; 38
requiring mobility fees to be expended or committed 39
within a specified time period; providing criteria for 40
use by local governments issuing building permits 41
related to mobility fees; encouraging local 42
governments to coordinate certain activities included 43
in mobility plans with other affected local 44
governments for certain purposes; specifying that 45
local governments have the burden of proving that the 46
imposition or amount of a fee or an exaction meets 47
certain requirements; prohibiting courts from using a 48
deferential standard for a specified purpose; 49
providing that mobility fee credits must comply with 50
the Florida Impact Fee Act in any mode that creates 51
equivalent capacity that is designated in a local 52
government capital improvements list; providing that 53
the holder of transportation or road impact fee 54
credits is entitled to specified benefits; providing 55
for full mitigation of a development’s transportation 56
impacts in certain instances; amending s. 212.055, 57
F.S.; conforming a cross-reference; providing an 58

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effective date. 59
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Be It Enacted by the Legislature of the State of Florida: 61
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Section 1. Present subsections (32) through (52) of section 63
163.3164, Florida Statutes, are redesignated as subsections (34) 64
through (54), respectively, and new subsections (32) and (33) 65
are added to that section, to read: 66
163.3164 Community Planning Act; definitions.—As used in 67
this act: 68
(32) “Mobility fee” means a local government fee schedule 69
established by ordinance and based on the projects included in 70
the local government’s adopted mobility plan. 71
(33) “Mobility plan” means an integrated land use and 72
alternative mobility transportation plan adopted into a local 73
government comprehensive plan which promotes a compact, mixed-74
use, and interconnected development served by a multimodal 75
transportation system in an area that is urban in character as 76
defined in s. 171.031. 77
Section 2. Paragraphs (h) and (i) of subsection (5) of 78
section 163.3180, Florida Statutes, are amended to read: 79
163.3180 Concurrency.— 80
(5) 81
(h)1. Local governments that continue to implement a 82
transportation concurrency system, whether in the form adopted 83
into the comprehensive plan before the effective date of the 84
Community Planning Act, chapter 2011-139, Laws of Florida, or as 85
subsequently modified, must: 86
a. Consult with the Department of Transportation when 87

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