Title:
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Approve and authorize the Chairman to execute the Mobility Fee Interlocal Agreement (ILA) with the City of Oviedo. District1 - Dallari and District2 - Zembower (John Slot, Public Works Director)
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Division:
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Public Works - Engineering
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Authorized By:
John Slot, Public Works Director
Contact/Phone Number:
Arturo Perez / 407-665-5716
Background:
In 2024, the Florida Legislature amended Section 163.3180, Florida Statutes, Concurrency, to require local governments to enter into interlocal agreements if a county and municipality both charge developers a fee for transportation capacity impacts. This interlocal agreement must be entered into before October 1, 2025 (if there is an existing interlocal agreement, this provision does not apply) and must include provisions that:
1) Ensure that any new development or redevelopment is not charged twice for the same transportation capacity impacts;
2) Establish a plan-based methodology for determining the legally permissible fee to be charged to a new development or redevelopment;
3) Require the county or municipality issuing the building permit to collect the fee, unless agreed to otherwise;
4) 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.
On June 22, 2021, Seminole County adopted Ordinance No. 2021-26, establishing the County’s Mobility Fee program in the Seminole County Land Development Code and revising Chapter 120, Road Impact Fees to replace Road Impact Fees with Mobility Fees consistent with Florida Statutes Sections 163.3180 and 163.31801.
By letter dated July 21, 2021, the Oviedo City Council notified the Seminole County Board of County Commissioners that the City had elected to, and did, terminate the prior ILA established on May 26, 1987, which was designed to fund road improvements necessitated by new development, with the adoption of Resolution 4095-21 at its July 19, 2021, meeting. County staff had several meetings with City staff after the City’s consultant released the City’s draft mobility plan and fee study.
In early October 2023, the City provided County staff with the results of the new mobility plan and fee, which proposed a 10% share of the City mobility fee to be remitted to the County for specific road improvement projects. In return, the County would agree not to collect County Mobility Fees within the City.
On July 17, 2024, the city notified the County regarding its adoption of Ordinance No. 1748, approving and adopting the City's Mobility Plan and Mobility Fee technical report, and mobility fee schedule.
After further meetings and discussions between the City and County Staff, on August 7, 2025, both parties agreed that City would remit to the County 25% of the City Mobility Fees collected by the City. The 25% share was considered an equitable distribution based upon historical transportation impact fee collection over the years by the County within the City’s jurisdiction.
Since there is no current interlocal agreement in place between the County and City addressing transportation impacts, the City and County are seeking to enter into a new interlocal agreement prior to the statutory deadline of October 1, 2025. The proposed ILA meets the statutory requirements of Section 163.3180(5)(j), F.S. and includes the following provisions concerning the equitable collection, distribution and use of City and County Mobility Fees:
1) City will collect the applicable City Mobility Fees for development within the jurisdictional boundaries of the City;
2) County will suspend collection of County Mobility Fees within the jurisdictional boundaries of the City;
3) Beginning December 16, 2024 (date of imposition of City Mobility Fee Ordinance) City will collect the City Mobility Fee, set aside 25% of the City Mobility Fees collected for the County and remit such fees to the County on a quarterly basis;
4) County may only expend the County’s share of the City Mobility Fee for projects within the City Mobility Fee Benefit Districts;
5) County must expend the County’s share of the City Mobility Fee within 5 years of the date of payment by the fee payer, and fees not expended during this time period must be returned to the City; and
6) Expenditure of County Mobility Fees collected within the City’s Extra jurisdictional Benefit District is limited to projects within the City Mobility Fee Districts.
On August 18, 2025, Resolution No. 4599-25, “Seminole County/City of Oviedo Mobility Fee Interlocal Agreement” was approved by the City Commission.
Requested Action:
Staff requests the Board approve and authorize the Chairman to execute the proposed Mobility Fee Interlocal Agreement between Seminole County and the City of Oviedo.