FAIR SHARE ASSESSMENT PROCEDURES

Jacksonville Ordinance Code tit. XVII, ch. 655, pt. 3

in effect

Jacksonville Ordinance Code § 655.301 Existing valid fair share contracts.

Sec. 655.301. - Existing valid fair share contracts. The Council declares as a matter of public policy that the implementation of F.S. § 163.3180(11), is a public necessity and is important in the protection and enhancement of the quality of life in the City of Jacksonville and State of Florida. (a) The adoption of the Mobility System and Part 5 of this Chapter does not abridge or modify any rights or any duties or obligations set forth in any validly existing fair share assessment contract or any other contract relating to a valid fair share contract. The development authorized by a fair share assessment contract may be completed in reliance upon and pursuant to the terms of the fair share assessment contract unless the developer or landowner has requested to terminate the fair share assessment contract or a portion of the rights set forth in the fair share contract as set forth in subsection (b) below. Any proposed change to a development which is governed by a fair share assessment contract and 1) increases the trip generation of the development, or 2) changes the trip distribution of the development shall be governed by the requirements of Part 5 of this Chapter. (b) If requested by the developer or landowner, the fair share assessment contract or a portion of the rights set forth in a fair share contract shall be administratively terminated by the Director of the Planning and Development Department upon a showing that all required payments or other mitigation related to the amount of development that has commenced on or before the date of termination has been paid or mitigation completed. In order to terminate a fair share contract or a portion of the rights under a fair share contract under this Section, the developer or landowner shall submit a notarized affidavit to the Director of Planning and Development acknowledging that no outstanding rights to be terminated have been transferred to other parties. Additionally, the developer or landowner shall at least 30 days prior to termination provide written notice of all owners of real property within that portion of the fair share contract proposed to be terminated. Evidence of the written notice shall also be submitted to the Director of Planning and Development. If the fair share contract is terminated or portion of rights in any fair share contract are terminated, any future development subject to the termination would be governed by Part 5 of this Chapter. (Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 3)

Jacksonville Ordinance Code § 655.302 Reserved.

Jacksonville Ordinance Code § 655.303 Transportation facilities and/or transportation projects constructed by a landowner or developer.

Sec. 655.303. - Transportation facilities and/or transportation projects constructed by a landowner or developer. (a) Applicability. A landowner or developer may construct, or cause to be constructed, transportation facilities and/or transportation projects to offset the transportation impacts of development set forth in a fair share contract. (b) Credit against Fair Share Assessment. A landowner or developer who constructs, or causes to be constructed, transportation facilities and/or transportation projects authorized in subsection (a) shall receive credit against fair share assessments as provided in this Section for the design, permitting, and construction of roadway and/or intersection improvements meeting the written criteria that has been adopted by the Planning and Development Department and approved by the Office of the City Council Auditor. Such credit may be transferred to other landowners or developers and applied to any fair share assessments for proposed developments which have transportation impacts that would be offset by the constructed facilities and/or projects. (c) Calculation of Credit. The credit authorized in subsection (b) shall be calculated using the cost estimates in the most recent issue of the Florida Department of Transportation, Office of Policy Planning, Policy Analysis and Program Evaluation publication entitled Transportation Costs. The cost estimates for facilities and/or projects not identified in Transportation Costs shall be determined by the Public Works Department, prior to the approval of any credit. (d) Construction costs, security, and review. (i) If the actual cost of construction of the transportation facilities and/or transportation projects is less than the estimated cost of the construction of the transportation facilities and/or transportation projects, the landowner or developer shall receive credit for such difference. (ii) If the cost estimate of the construction of the transportation facilities and/or transportation projects is less than the total fair share assessment for which the developer or landowner is responsible, the developer or landowner shall be responsible for paying the difference between the cost estimate of the construction of the transportation facilities and/or transportation projects and the total fair share assessment to the City. (iii) The costs shall be deemed incurred and credit shall be provided pursuant to this Section when a contract for the construction of the transportation facilities and/or transportation projects is awarded, and a payment and performance bond, or other form of security approved by the Office of General Counsel, is provided to the City to guarantee the funding of the facilities and/or projects. The City shall be a co-obligee under the bond or other form of security. (iv) All transportation facilities and/or transportation projects shall be approved by the Public Works Department prior to, and after construction to verify completion and fulfillment of any fair share assessment requirements. (e) Credit against Mobility Fee. Unless the fair share contract or fair share contract amendment contains a contrary provision, the credit authorized in this Section may be applied toward the payment of a mobility fee owed to the City for development within the same Mobility Zone as the transportation facilities and/or transportation project. Unless the fair share contract or fair share contract amendment contains a contrary provision, credit may also be transferred to other landowners or developers for payment of a mobility fee owed to the City for development within the same Mobility Zone as the transportation facilities and/or transportation project. (Ord. 2011-536-E, § 1)

Jacksonville Ordinance Code § 655.304 Deposit of fair share assessments; appropriation of funds.

Sec. 655.304. - Deposit of fair share assessments; appropriation of funds. (a) Funds received pursuant to fair share assessment contracts shall be deposited into the Fair Share Sector Areas Transportation Improvements Special Revenue Fund established pursuant to Section 111.530, the Fair Share Specific Projects Special Revenue Fund established pursuant to Section 111.535, or other Special Revenue Funds or accounts. The funds deposited into the Fair Share Sector Areas Transportation Improvement Special Revenue Fund shall be assigned to the appropriate account for the affected sector. When the proposed development lies in or affects more than one sector, the Director and the Director of Public Works shall, in their sole discretion, determine whether to deposit the funds in the account of one sector or to allocate the funds between or among the accounts for the other affected sectors. The funds deposited into the Fair Share Specific Projects Special Revenue Fund established pursuant to Section 111.535, or other Special Revenue Funds created by the City, shall be assigned as described therein. (b) Appropriated expenditures from the Fair Share Sector Areas Transportation Improvement Special Revenue Fund, from any other Special Revenue Funds, or from any other accounts shall be made when there are sufficient funds which, either alone or in conjunction with other funding sources, equal the amount necessary to commence engineering, acquisition of necessary right-of-way or easements or construction of the specific transportation project(s) determined by the Director and the Director of Public Works to be adequate to serve the proposed developments. The Director shall cause the necessary amendments to the CIP and funding appropriation to be prepared and submitted to the Council for approval. (c) On or before January 31 and June 30 of each year, the Director shall deliver to the Finance and Transportation, Energy and Utilities Standing Committees of Council, and to the Council Auditors, a report setting forth the current balances (encumbered, appropriated but unencumbered, unappropriated and reserved) for each Fair Share Sector Area Transportation Improvement Special Revenue Fund and each Fair Share Specific Project Special Revenue Fund. (Ord. 2011-536-E, § 1; Ord. 2015-425-E, § 1)

Jacksonville Ordinance Code § 655.309 Existing CRC and CCAS not subject to a fair share contract.

Sec. 655.309. - Existing CRC and CCAS not subject to a fair share contract. Any existing CRC or CCAS that is not the subject of an existing and valid fair share assessment contract cannot be converted into a fair share contract regarding traffic circulation and mass transit. (Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 3)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXVIILAUS_CH655COMOMASY_PT3FASHASPRFetched: 10/27/2026