Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Resilient Environment Division: Urban Planning Division
Information
Requested Action
title
MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Chapter 5 Article IX of the Broward County Code of Ordinances (“Land Development Code”) and Chapter 27 (“Operational Policy, Resilient Environment Department”) of the Broward County Administrative Code for compliance with HB 479 of the 2024 Legislative Session related to the calculation and assessment of impact fees.
body
Why Action is Necessary
Pursuant to Section 18.5(e) of the Broward County Administrative Code, the subject matter of a proposed Ordinance must be considered by the Board prior to the drafting of the proposed Ordinance.
What Action Accomplishes
Provides required direction to the Office of the County Attorney.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None taken.
Summary Explanation/Background
THE RESILIENT ENVIRONMENT DEPARTMENT AND THE URBAN PLANNING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
HB 479, Alternative Mobility Funding Systems, is expected to become law October 1, 2024. The Office of the County Attorney has provided a summary of HB 479 and evaluated its effect on the ability of staff to continue to assess impact fees on development permits in Broward County (Exhibit 1). The County’s existing impact fee studies do not meet the minimum requirements outlined in the statute. Based on this finding, there is no legal basis for the County to continue to assess transportation concurrency, road, and recreational/park impact fees. Therefore, staff recommends that the Land Development Code be amended to remove these fees to be consistent with HB 479 when it becomes law.
In Fiscal Year 2024 budget, the Board allocated $150,000 to fund a feasibility study for development of a Mobility Fee intended to replace the current road and transportation concurrency assessment fees. Staff anticipates this study will be completed by mid-2025. The feasibility study scope includes providing rational nexus for a future Mobility Fee. However, it does not include design and implementation of a new system, nor does it include evaluation of recreational/park impact fees. (These items could be added with additional funding.)
Regarding public school impact fees, the Urban Planning Division administers the assessment and collection of fees consistent with the Third Amendment to Interlocal Agreement (TRILA) between Broward County School Board, Broward County, and its municipalities. The School Board has recently updated the Student Generation Rate and Impact Fee Study, which it is expected to be transmitted to Broward County in July. Although the intent of the update is for the School Board to request new rates, the Board may, by resolution, direct that the updated study be used to continue assessing existing public school impact fees to be consistent with HB 479. This would enable the uninterrupted assessment of public school impact fees after October 1, 2024, while the request for new rates is being evaluated.
Source of Additional Information
Josie P. Sesodia, AICP, Director, Urban Planning Division, (954) 357-6602.
Fiscal Impact
Fiscal Impact/Cost Summary
Based on Fiscal Year 2023 data, the potential loss of revenue would be $8.1 million, (comprising $6.7 million Transportation Concurrency Assessment fees; $816,000 recreational/park impact fees; $130,000 road impact fees; and administrative costs). There would be no loss of revenue to the Broward County School Board from the assessment of public school impact fees ($17.3 million).
Additional funding, of $250,000, would be necessary to expand the Mobility Fee feasibility study to include parks and recreation and to design a new system for implementation in Fiscal Year 2026.