§ 17-42. Calculation of mobility fee.

The mobility fee shall be calculated as the capital expense required to provide multimodal capacity on the new transportation facilities contemplated by the county's comprehensive plan for the person miles of transportation capacity demanded by new development occurring in the unincorporated area of the county, after deducting revenue generated by the new development, computed in the manner set forth below.

(a)

The multimodal capacity, expressed in person miles of transportation facilities, which includes roads, bicycle lanes, sidewalks, trails, multi-use paths and transit vehicles has been calculated as follows:

(1)

Roadway lane capacities were taken from FDOT, 2013 Quality/Level of Service Handbook, Generalized Annual Daily Volumes for Florida's Urbanized Areas, attached as appendix B to the mobility fee study, in which capacities for class I arterials are based on level of service "D" and capacities for class II arterials and highways are based on level of service "E". The mobility fee study includes the following adjustments to reflect the specifics of road construction within the county:

a.

Capacities have been increased by five (5) percent to account for right turn lanes.

b.

Two-lane capacities have been increased by five (5) percent to account for left turn lanes and medians.

c.

Total capacities were increased by fifteen (15) percent to account for vehicle occupancy rates based on person trip and vehicle trip data from the 2009 National Household Travel Survey conducted by FHWA. The Orlando Urban Area Transportation Study and a Florida-specific study of the 2009 National Household Travel Survey conducted for FDOT were evaluated for comparative purposes.

The results of the foregoing analysis for two-lane, four-lane and six-lane state and non-state facilities are set forth in table 3 of the mobility fee study.

(2)

To properly reflect the multimodal capacity of the foregoing roadways, the mobility fee study assumes that the capacity of sidewalks, bicycle lanes, multi-use paths, trails and transit vehicles is as follows:

a.

The capacity of sidewalks, bicycle lanes, multi-use paths and trails is based upon capacity procedure established in Transportation Research Record 1636 Paper No. 98-0066, the 2006 Shared Use Path Level of Service Calculator - A User's Guide developed for FHWA, and the 2010 Highway Capacity Manual. The capacity for bicycle and pedestrian facilities was based on level of service "B".

b.

The methodology for calculating the capacity for transit vehicles is based upon the Transportation Research Board Transit Capacity and Quality of Service Manual, 3 ^rd Edition. The capacity for local transit vehicle was derived based upon the functional carrying capacity for one vehicle (sixty (60) passengers—forty (40) seated and twenty (20) standing) projected to run at twenty-minute headways during peak periods for an eight-hour span of service and 30-minute headways during off-peak hours for an eight-hour span of service.

The results of the foregoing analysis are set forth in table 4 of the mobility fee study.

(3)

The transportation element of the county's comprehensive plan contemplates the construction of transportation facilities designated as "avenues," "boulevards" and "multimodal corridors."

a.

To calculate the multimodal facility capacity of avenues, the mobility fee study assumes that the capacity characteristics of avenues most closely resemble the average capacities of two-lane class II arterials, as set forth in table 3 of the mobility fee study. The mobility fee study also assumes that avenues are likely to have ancillary facility capacity equal to the capacity of a sidewalk and bicycle lane, as set forth in table 4 of the mobility fee study.

b.

To calculate the multimodal facility capacity of boulevards, the mobility fee study assumes that the capacity characteristics of boulevards most closely resemble the average capacities of two-lane and four-lane class I arterials, as set forth in table 3 of the mobility fee study. The mobility fee study also assumes that boulevards are likely to have ancillary facility capacity equal to the capacity of a multi-use path and bicycle lane, as set forth in table 4 of the mobility fee study.

c.

To calculate the multimodal facility capacity of multimodal corridors, the mobility fee study assumes that the capacity characteristics of multimodal corridors most closely resemble the average capacities of four-lane and six-lane class I arterials, as set forth in table 3 of the mobility fee study. The mobility fee study also assumes that multimodal corridors are likely to have the capacity of transit, a bicycle lane and a trail, as set forth in table 4 of the mobility fee study.

Based upon the foregoing, the average multimodal facility capacity of avenues expressed in person miles is thirteen thousand nine hundred thirty-three (13,933) persons per lane mile, the average multimodal facility capacity of boulevards expressed in person miles is seventeen thousand seven hundred eighty-seven (17,787) persons per lane mile, and the average multimodal facility capacity of multimodal corridors expressed in person miles is twenty-two thousand five hundred eighty-three (22,583) persons per lane mile, all as set forth in table 5 of the mobility fee study.

(b)

The capacity of new lane miles of avenues, boulevards and multimodal corridors contemplated by the transportation element of the county's comprehensive plan has been calculated as follows:

(1)

The number of planned center lane miles of avenues, boulevards and multimodal corridors contemplated in the transportation element of the county's comprehensive plan was determined by measuring and scaling the planned new facilities shown in map TRN 2B thereof. Based on the foregoing methodology, the mobility fee study determines that there are one hundred thirty-five (135) center line miles of avenues, forty-eight (48) center lane miles of boulevards and seventy-two (72) center lane miles of multimodal corridors.

(2)

The number of planned center lane miles was translated into lane miles using the following assumptions:

a.

All of the avenues will be new two-lane facilities,

b.

One-half (½) of the boulevards will be new two-lane facilities and one-half (½) will be new four-lane facilities, and

c.

One-third ( 1/3 ) of the multimodal corridors will be new four-lane facilities, one-third ( 1/3 ) will be widened from two-lane facilities to four-lane facilities, and one-third ( 1/3 ) will be widened from four-lane facilities to six-lane facilities.

(3)

The multimodal capacity, expressed in person miles, was calculated for each type of facility by applying the multimodal facility capacities computed in the foregoing subsection (a).

The results of the foregoing analysis are set forth in table 6 of the mobility fee study.

(c)

The lane mile cost for avenues, boulevards and multimodal corridors has been calculated as follows:

(1)

The lane mile cost for avenues is the average of the FDOT's lane mile cost for construction of a new two-lane facility and the county's cost to construct a single new lane, including a sidewalk and a bicycle lane. The cost per mile also includes the cost of a right turn lane and a two-acre stormwater pond. The estimated construction cost was increased by thirty (30) percent for right-of-way, ten (10) percent for design and engineering, and ten (10) percent for construction engineering and inspection.

(2)

The lane mile cost for boulevards is the average of the FDOT's lane mile cost for construction of a new two-lane facility, FDOT's lane mile cost for construction of a new four-lane facility and the county's cost to construct a single new lane, including a multi-use path and a bicycle lane. The cost per mile also includes the cost of a right turn lane, a mast arm signal and a two-acre stormwater pond. The estimated construction cost was increased by thirty (30) percent for right-of-way, ten (10) percent for design and engineering, and ten (10) percent for construction engineering and inspection.

(3)

The lane mile cost for multimodal corridors is the average of FDOT's lane mile cost for construction of a new four-lane facility, FDOT's lane mile cost to widen a facility from two lanes to four lanes, FDOT's lane mile cost to widen a facility from four (4) lanes to six (6) lanes and the county's cost to add a single new lane. The cost per mile includes the cost of a right turn lane, a mast arm signal, a two-acre stormwater pond, a bicycle lane, a trail, two (2) transit stops and one (1) transit vehicle. The estimated construction cost was increased by thirty (30) percent for right-of-way, ten (10) percent for design and engineering, and ten (10) percent for construction engineering and inspection.

The results of the foregoing analysis are set forth in table D-1 of the 2017 supplemental mobility fee study.

(d)

The cost of capacity to accommodate the person miles of travel attributable to new growth on avenues, boulevards and multimodal corridors has been calculated as follows:

(1)

The average lane mile cost to construct avenues, as set forth in table D-1 of the 2017 supplemental mobility fee study, was divided by the average multimodal capacity for avenues, as set forth in table 6 of the mobility fee study.

(2)

The average lane mile cost to construct boulevards, as set forth in table 5 of the mobility fee study, was divided by the average multimodal capacity for boulevards, as set forth in table 6 of the mobility fee study.

(3)

The average lane mile cost to construct multimodal corridors, as set forth in table D-1 of the 2017 supplemental mobility fee study, was divided by the average multimodal capacity for multimodal corridors, as set forth in table 6 of the mobility fee study.

Based upon the foregoing, the cost per person mile of capacity for avenues is three hundred thirty-eight dollars and five cents ($338.05), the cost per person mile of capacity for boulevards is three hundred thirty-two dollars and six cents ($332.06) and the cost per person mile of capacity for multimodal corridors is three hundred eleven dollars and fifteen cents ($311.15), as set forth in table D-2 of the 2017 supplemental mobility fee study.

(e)

The person mile of capacity rate, i.e., the cost of providing one (1) person mile of travel, shall be calculated as follows:

(1)

The percentage of future lane miles of avenues, boulevards and multimodal corridors of new transportation facilities contemplated by the county's comprehensive plan was computed using the number of lane miles for each type of facility, as set forth in table 6 of the mobility fee study.

(2)

The weighted person mile of capacity rate for avenues, boulevards and multimodal corridors was computed as the sum of the amounts determined by multiplying the percentage of future lane miles for each facility type by the cost of person mile of capacity for each facility type.

Based upon the foregoing, the person mile of capacity rate is three hundred twenty-eight dollars and six cents ($328.06), as set forth in table D-3 of the 2017 supplemental mobility fee study.

(f)

The sources of available funds for construction of avenues, boulevards and multimodal corridors include state and federal revenue, local fuel taxes, dedicated ad valorem taxes, local infrastructure sales tax, proceeds of indebtedness and, if approved by referendum, the discretionary transportation sales surtax. The transportation revenue credit attributable to each revenue source has been calculated in the mobility fee study as follows:

(1)

State and federal revenue includes state fuel taxes; tourism driven sources, such as rental car and aviation fuel taxes; state vehicle-related taxes, such as license, registration and title fees; documentary stamps and federal aid distributions. The total amount projected to be available for construction of avenues, boulevards and multimodal corridors in the county between 2015 and 2040 is three hundred sixteen million five hundred forty-eight thousand dollars ($316,548,000.00). This amount was divided by twenty-five (25) (the number of years between 2015 and 2040) to derive the average annual amount of available state and federal revenue. The 25-year-available revenue stream was reduced to present value using a discount rate of four and twenty-four hundredths (4.24) percent, the arithmetic mean of the monthly average interest rate on state and local bonds published by the Federal Reserve Board for 2014, which contains interest rates for selected U.S. Treasury and private money market and capital market instruments during that period. The present value of the revenue stream was divided by the future person miles of capacity calculated pursuant to the foregoing subsection (b), as set forth in table 6 of the mobility fee study. Based upon the foregoing, the transportation revenue credit attributable to state and federal funding is nineteen dollars and fifty-three cents ($19.53) per person mile of capacity.

(2)

Local fuel taxes include the constitutional fuel tax, county fuel tax and ninth-cent fuel tax.

a.

The constitutional fuel tax was initially levied by the State of Florida under section 16 of article IX of the State Constitution of 1885, as amended, at the rate of two cents ($0.02) per gallon and is currently distributed to the counties' transportation trust funds, based on a formula contained in section 9(c)(4) of article XII of the revised State Constitution of 1968. Based on historical expenditures, the county has used seventy-five (75) percent of the constitutional fuel tax for maintenance, debt service and other purposes, leaving twenty-five (25) percent available for the construction of avenues, boulevards and multimodal corridors. It has been assumed that the historical expenditure pattern will be continued through 2040.

b.

The county fuel tax is levied by the state under F.S. § 206.41, and distributed to counties using the same formula as the constitutional fuel tax. Based on historical expenditures, the county has used one hundred (100) percent of the county fuel tax for maintenance, leaving none available for the construction of avenues, boulevards and multimodal corridors. It has been assumed that the historical expenditure pattern will be continued through 2040.

c.

The ninth-cent fuel tax is levied by the county under F.S. § 336.021, and shared by interlocal agreement with the county and its municipalities based on historical expenditures, the county and its municipalities have used one hundred (100) percent of the ninth-cent fuel tax for operation and maintenance, leaving none available for the construction of avenues, boulevards and multimodal corridors. It has been assumed that the historical expenditure pattern will be continued through 2040.

The total amount projected to be available from local fuel taxes between 2015 and 2040 for the construction of avenues, boulevards and multimodal corridors is thirty-four million three hundred fifty-one thousand one hundred sixty-seven dollars ($34,351,167.00). This amount was divided by twenty-five (25) (the number of years between 2015 and 2040) to derive the average annual amount of available fuel tax revenue. The 25-year-available revenue stream was reduced to present value using a discount rate of four and twenty-four hundredths (4.24) percent, the arithmetic mean of the monthly average interest rate on state and local bonds published by the Federal Reserve Board for 2014, which contains interest rates for selected U.S. Treasury and private money market and capital market instruments during that period. The present value of the revenue stream was divided by the future person miles of capacity calculated pursuant to the foregoing subsection (b), as set forth in table 6 of the mobility fee study. Based upon the foregoing, the transportation revenue credit attributable to local fuel taxes is two dollars and twelve cents ($2.12) per person mile of capacity.

(3)

The county has established a dedicated ad valorem tax allocation for funding its capital transportation needs. The current allocation is ad valorem generated from eighteen and two-tenths (18.2) percent of the growth increment of the base value plus thirty-three (33) percent of the growth in the new growth increment. It has been assumed that the allocation will be continued through 2040. During fiscal years 2014-2015 through 2021-2022, it is anticipated that one hundred (100) percent of the dedicated ad valorem tax allocation will be applied to operating and maintenance expenses. During fiscal years 2022-2023 through 2039-2040, it is anticipated that fifty-two and three-tenths (52.3) percent of the dedicated ad valorem tax allocation will be applied to operating and maintenance expenses and the balance (two hundred ten million four hundred thirty thousand five hundred eighty-two dollars ($210,430,582.00) during fiscal years 2014-2015 through 2039-2040) will be available for the construction of avenues, boulevards and multimodal corridors. The amount of available dedicated ad valorem tax funds was divided by twenty-five (25) (the number of years between 2015 and 2040) to derive the average annual amount of available dedicated ad valorem funds. The 25-year-available revenue stream was reduced to present value using a discount rate of four and twenty-four hundredths (4.24) percent, the arithmetic mean of the monthly average interest rate on state and local bonds published by the Federal Reserve Board for 2014, which contains interest rates for selected U.S. Treasury and private money market and capital market instruments during that period. The present value of the revenue stream was divided by the future person miles of capacity calculated pursuant to the foregoing subsection (b), as set forth in table 6 of the mobility fee study. Based upon the foregoing, the transportation revenue credit attributable to dedicated ad valorem taxes is $12.99 per person mile of capacity.

(4)

The county has levied a one-cent ($0.01) local government infrastructure sales surtax pursuant to F.S. § 212.055(2) and shares the proceeds by interlocal agreement with its municipalities. The infrastructure sales surtax expires in 2025 and the total projected infrastructure sales surtax funding is three hundred eleven million four hundred seventy-three thousand six hundred eighty dollars ($311,473,680.00). Based on historical expenditures, twenty (20) percent of the available funds has been used for the construction of avenues, boulevards and multimodal corridors. It has been assumed that the historical expenditure pattern will be continued through 2025. The infrastructure sales surtax allocable to avenues, boulevards and multimodal corridors sixty-two million two hundred ninety-four thousand seven hundred thirty-six dollars ($62,294,736.00) was divided by eleven (11) (the number of years between 2015 and 2025) to derive the average annual amount of projected infrastructure sales surtax. The 11-year-available revenue stream was reduced to present value using a discount rate of four and twenty-four hundredths (4.24) percent, the arithmetic mean of the monthly average interest rate on state and local bonds published by the Federal Reserve Board for 2014, which contains interest rates for selected U.S. Treasury and private money market and capital market instruments during that period. The present value of the revenue stream was divided by the future person miles of capacity calculated pursuant to the foregoing subsection (b), as set forth in table 6 of the mobility fee study. Based upon the foregoing, the transportation revenue credit attributable to the one-cent local government infrastructure sales surtax is four dollars and ninety-six cents ($4.96) per person mile of capacity.

(5)

The county has incurred long-term debt to fund transportation deficiencies that will be retired between 2022 and 2040 using revenue derived from: fuel taxes, sales taxes, impact fees, mobility fees and/or other sources paid by the owners and occupants of new development. The current outstanding principal amount of the county's long-term debt utilized for such purposes (which may be all or a portion of the total outstanding principal of any series) is as follows: Sales Tax Revenue Bonds, Series 2009 - sixteen million four hundred sixty-two thousand eight hundred fifty-two dollars ($16,462,852.00); Infrastructure Sales Tax Revenue Bonds, Series 2007 - forty million four hundred eighty-seven thousand and two hundred eighty-four dollars ($40,487,284.00); and Capital Improvements Revenue Bond, Series 2009 - sixty seven million two hundred sixty thousand three hundred thirty-three dollars ($67,260,333.00). Since interest will accrue and be payable on the outstanding principal, no present value calculation was deemed appropriate. The aggregate principal amount of this indebtedness was divided by the future person miles of capacity calculated pursuant to the foregoing subsection (b), as set forth in table 6 of the mobility fee study. Based upon the foregoing, the transportation revenue credit attributable to existing indebtedness is twelve dollars and fifty-eight cents ($12.58) per person mile of capacity.

(6)

The board is considering a special referendum election, as authorized by F.S. §212.055(1), to determine if a discretionary transportation sales surtax will be levied at the rate of one (1) percent. The total estimated amount available from the discretionary transportation sales surtax between 2015 and 2040 is one billion one hundred thirteen million one hundred seventy-six thousand seven hundred thirty-three dollars ($1,113,176,733.00). Based upon the list of projects in the unincorporated area of the county approved by the board on May 5, 2014 to be funded from proceeds of the discretionary transportation sales surtax, sixty (60) percent of the proceeds six hundred sixty-seven million nine hundred six thousand forty dollars ($667,906,040.00) will be used for construction of avenues, boulevards and multimodal corridors. That amount was divided by twenty-five (25) (the number of years between 2015 and 2040) to derive the average annual amount of applicable discretionary transportation sales surtax funding. The 25-year-available revenue stream was reduced to present value using a discount rate of four and twenty-four hundredths (4.24) percent, the arithmetic mean of the monthly average interest rate on state and local bonds published by the Federal Reserve Board for 2014, which contains interest rates for selected U.S. Treasury and private money market and capital market instruments during that period. The present value of the revenue stream was divided by the future person miles of capacity calculated pursuant to the foregoing subsection (b), as set forth in table 6 of the mobility fee study. Based upon the foregoing, the transportation revenue credit attributable to the discretionary transportation sales surtax, if approved by a majority vote of the electors voting at the referendum, will be forty-one dollars and twenty-two cents ($41.22) per person mile of capacity.

The total transportation revenue credit is fifty-two dollars and eighteen cents ($52.18) per person mile of capacity. However, if the discretionary transportation sales surtax is approved by a majority vote of the electors voting at the referendum, the total transportation revenue credit will be increased to ninety-three dollars and forty cents ($93.40) per person mile of capacity on the effective date of the discretionary transportation sales surtax.

(g)

The mobility fee rate shall be computed by subtracting (1) the transportation revenue credit computed pursuant to the foregoing subsection (f), from (2) the person mile of capacity rate computed pursuant to subsection (e). Based upon the foregoing, but without regard to the transition period discount established in section 17-53 hereof, the mobility fee rate is four hundred five dollars and seventy-three cents ($405.73) per person mile of capacity. However, if the discretionary transportation sales surtax is approved by a majority vote of the electors voting at the referendum, the total transportation revenue credit, without regard to the transition period discount established in section 17-53 hereof, will be decreased to three hundred sixty-four dollars and fifty one cents ($364.51) per person mile of capacity on the effective date of the discretionary transportation sales surtax.

(h)

The person miles of travel for each land use shall be calculated by:

(1)

Multiplying (i) the trip generation rate for such land use, as identified in the Institute of Transportation Engineers Trip Generation Manual 9 ^th Edition and the Institute of Transportation Engineers Trip Generation Handbook, 3 ^rd Edition, by (ii) the average trip length for such land use taken from the 2009 National Household Travel Survey conducted by FHWA, adjusted by using local and state data from the Orlando Metropolitan Area;

(2)

Multiplying the result by percentage of new trips attributable to such land use, identified in the Institute of Transportation Engineers Trip Generation Manual 9 ^th Edition and the Institute of Transportation Engineers Trip Generation Handbook, 3 ^rd Edition;

(3)

Multiplying the result by the person miles of travel adjustment factor taken from the 2009 National Household Travel Survey conducted by FWHA, adjusted by using local and state data from the Orlando Metropolitan Area, divided by two (2) to avoid double-counting trips for origin and destination.

The person miles of travel for each land use will be adjusted for mixed-use development and transit-oriented development pursuant to section 17-43 hereof. The person miles of travel for each land use, determined in the manner set forth in this subsection, as adjusted pursuant to section 17-43, are set forth in table 24 of the mobility fee study, as supplemented by table I of the 2016 supplemental mobility fee study.

(i)

The mobility fee shall be calculated, by multiplying the mobility fee rate calculated pursuant to the foregoing subsection (g) by the person miles of travel for the applicable land use calculated pursuant to the foregoing subsection (h), as adjusted pursuant to section 17-43 hereof. The mobility fee rate for each land use is set forth in the mobility fee schedule (table D-4 of the 2017 supplemental mobility fee study).

(j)

On October 1 of each year, commencing on October 1, 2018, the mobility fee shall be adjusted for each fiscal year to reflect changes in the National Highway Construction Cost Index 2.0, published by the U.S. Department of Transportation Federal Highway Administration (NHCCI) during the previous year, as follows: (1) the annual change in NHCCI, which may be positive or negative, shall be calculated by (a) deducting the NHCCI published for the month of June in the prior year (Prior June NHCCI) from the NHCCI published for the month of June in the current year, and (b) dividing the result by the Prior June NHCCI; and (2) the new mobility fee will be calculated by multiplying the annual change in NHCCI by the mobility fee.

(Ord. No. 2015-22, § 1, 3-16-15; Ord. No. 2016-47, § 1(D), 6-20-16; Ord. No. 2018-7, §§ 1(D), 2, 1-8-18)