Mobility fee benefit districts.
Cape Coral Code of Ordinances § 2-24.31
in effect§ 2-24.31 - Mobility fee benefit districts.
(a) Benefits test. The establishment of mobility fee benefit districts is the best method of ensuring that the mobility fees paid by new development are expended on mobility projects that provide a mobility benefit to the new development as required in the benefits test of the dual rational nexus test.
(b) Expenditure. Mobility fee benefit districts provide a clearly defined boundary for the expenditure of mobility fee revenue. Establishing mobility fee benefit districts ensures that funds paid by new development are spent on mobility projects to accommodate person travel demand within the benefit district, providing a reasonable nexus between the expenditure of mobility fee revenue and the new development for which the mobility fees are paid.
(c) Establishment. There are two mobility fee benefit districts established. The first benefit district, herein "south benefit district", includes all portions of the city south of Pine Island Road, bounded by Trafalgar Parkway, Santa Barbara Blvd S, and Hancock Bridge Parkway. The second benefit district, herein "north benefit district", includes all portions of the City on the north side of and encompassing Pine Island Road. The map is included in the Technical Report, is attached as Exhibit "D" to the Mobility Fee Ordinance and is maintained and available upon request from the City Clerk's Department.
(d) New development. The city may elect to establish a benefit district for new development that agrees to advance construction of a mobility project. The benefit district may extend beyond the boundaries of the new development where an advanced mobility project provides a mobility benefit to adjacent areas.
(e) Special revenue funds. The city shall establish a special revenue fund for each mobility fee benefit district. Collected mobility fees shall be deposited into the applicable special revenue fund. Mobility fees shall not be deposited into general revenue funds. Special revenue funds shall be established where a municipality elects to participate in the city's mobility fee system or where the city enters into an agreement with a new development to establish a new benefit district.
(f) Expenditure outside benefit district. In recognition that person travel demand along certain corridors provides a mobility benefit beyond the limits of a mobility fee benefit district, the following are instances in which mobility fees may be expended from multiple benefit districts:
(1) District boundary. The city may spend mobility fees on corridors from adjacent benefit districts if the corridors form a boundary between benefit districts.
(2) Traverse boundary. The city may spend mobility fees from adjacent benefit districts where a mobility project traverses or is planned to traverse the boundary of one or more benefit districts.
(3) Crossings. Multimodal crossings (overpass and underpass), transit vehicles and service, new bridges, or interchanges, over either Interstate 75, Caloosahatchee River or its tributaries, that connect with new mobility projects or to the existing multimodal transportation system may utilize funds from both benefit districts.
(4) Connectivity. Mobility projects that connect to the existing multimodal transportation system that will facilitate mobility across benefit district boundaries may utilize funds from both districts.
(5) Regional travel. Mobility projects that extend outside municipal limits that facilitate regional travel may utilize funds from benefit districts that receive a mobility benefit.
(6) Finding. The city shall be required to make a finding that a mobility project provides a mobility benefit to new development within multiple benefit districts. The finding shall be required to demonstrate how the use of funds meets the benefits requirement of the dual rational nexus test.
(7) Review. The City Attorney shall review and concur, if consistent with the benefits requirement of the dual rational nexus test, with a finding that a mobility fee may be expended in a different benefit district than the one from which it was collected, before the finding can be considered for review and approval by the City Manager or designee.
(Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH2AD_ARTIIFE_DIV5MOFE_S2-24.31MOFEBEDIFetched: 11/4/2026