Ditchmen • NUCA of Florida Ditchmen - March 2024 | Page 11

Alternative Mobility Funding
SB 688 by Sen . Martin / HB 479 by Rep . Robinson
PASSED / Vote Count : House : 115-0 ; Senate : 39-1
HB 479 defines “ mobility fee ” and “ mobility plan ” for use within the Community Planning and ensures builders and develops won ’ t pay more than 100 % of the transportation capacity generated by the development when there are extra-jurisdictional impacts . The bill requires counties and municipalities that charge developers a fee for transportation capacity impacts to enter interlocal agreements to coordinate the mitigation of their respective impacts , provides criteria for the agreements , and establishes alternative processes to follow if local governments fail to enter into such agreements by October 1 , 2025 .
The bill also provides that local governments adopting and collecting impact fees by ordinance or resolution must base impact fee calculations on a study using the most recent and localized data available within four years of the current impact fee update , unless the impact fee is increased , in which case the new study must be adopted by the local government within 12 months of the initiation . Importantly , HB 479 states that a local government must credit against the collection of the impact fee any contribution identified in the development order or any form of exaction , including monetary contributions .
Mitigation
HB 1073 by Rep . Truenow / SB 1532 by Sen . Brodeur
PASSED / Vote count : House- 114-0 ; Senate- 39-0
SB 1532 provides an alternative to the increased size in stormwater retention ponds and / or the over reliance on technology resulting from the new stormwater rule . The bill allows for water enhancement credits or stormwater credits to be purchased by private entities . Specifically , the bill provides that water quality enhancement credits may be sold to governmental entities seeking to meet an assigned basin management action plan allocation or reasonable assurance plan or to private or governmental applicants for the purpose of achieving net improvement or meeting environmental resource permit performance standards . It will also allow public-private partnerships for the creation of mitigation banks on local governmentowned conservation land when mitigation credits are not available in that basin . The credits are then allowable for sale to private entities such as builders and developers .
Regarding mitigation banking , the bill allows limited use of local government land for private mitigation banks , provided that the private mitigation banks are located in credit-deficient basins and would produce certain habitat type credits that are unavailable or insufficient in such basins . A local government with land in a credit-deficient basin may consider a proposal from a private entity for the right to establish a mitigation bank on the local government land , including such lands purchased for conservation purposes , provided acquisition encumbrances do not
MARCH 2024 • DITCHMEN 9