Florida HB 1139: Ancillary Property Rights

Bill Text

CS/CS/HB 1139 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1139-02-c2
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to impact fees; amending s. 163.3164, 2
F.S.; defining the term "plan-based methodology"; 3
amending s. 163.3177, F.S.; providing requirements for 4
coordination mechanisms that are required for certain 5
agreements required as part of the intergovernmental 6
coordination element of a comprehensive plan; amending 7
s. 163.3180, F.S.; requiring that a plan-based 8
methodology used for certain interlocal agreements be 9
consistent with certain comprehensive plan 10
requirements; prohibiting certain interlocal 11
agreements from extending beyond a specified date; 12
deleting an exception to an applicability provision 13
relating to concurrency; amending s. 163.31801, F.S.; 14
defining the term "extraordinary circumstances"; 15
requiring that a demonstrated-need study use a plan-16
based methodology for a certain purpose; requiring 17
that certain capacity standards be specified in a 18
certain impact fee study; requiring that a 19
demonstrated-need study be accompanied by a certain 20
declaration; requiring local governments, school 21
districts, and special districts to use localized data 22
for a certain purpose; prohibiting local governments, 23
school districts, and special districts from using 24
certain data for a specified purpose; prohibiting 25

CS/CS/HB 1139 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

local governments, school districts, and special 26
districts from including certain deductions in certain 27
impact fee increases and from increasing impact fee 28
rates beyond certain phase-in limitations by more than 29
a specified percentage within a certain timeframe; 30
providing that a prevailing petitioner is entitled to 31
an impact fee overpayment refund, with interest, under 32
certain circumstances; requiring local governments, 33
school districts, and special districts to issue such 34
refunds within a specified timeframe; providing that 35
certain prevailing petitioners are entitled to 36
reasonable attorney fees and costs; amending s. 37
212.055, F.S.; conforming a cross-reference; providing 38
an effective date. 39
40
Be It Enacted by the Legislature of the State of Florida: 41
42
Section 1. Present subsections (39) through (54) of 43
section 163.3164, Florida Statutes, are redesignated as 44
subsections (40) through (55), respectively, and a new 45
subsection (39) is added to that section, to read: 46
163.3164 Community Planning Act; definitions.—As used in 47
this act: 48
(39) "Plan-based methodology" means a study methodology 49
that uses the most recent and localized data to project growth 50

CS/CS/HB 1139 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

within a jurisdiction over a 10-year period, anticipate capacity 51
impacts on relevant systems which will be created by the 52
projected growth, and establish a list of capital projects to be 53
constructed or purchased in a defined time period to mitigate 54
the anticipated capacity impacts as part of a new or updated 55
impact fee study. The capital projects identified in a county or 56
municipal impact fee study and any necessary interlocal 57
agreement must comport with the requirements of s. 58
163.3177(6)(h). 59
Section 2. Paragraph (h) of subsection (6) of section 60
163.3177, Florida Statutes, is amended to read: 61
163.3177 Required and optional elements of comprehensive 62
plan; studies and surveys.— 63
(6) In addition to the requirements of subsections (1)-64
(5), the comprehensive plan shall include the following 65
elements: 66
(h)1. An intergovernmental coordination element showing 67
relationships and stating principles and guidelines to be used 68
in coordinating the adopted comprehensive plan with the plans of 69
school boards, regional water supply authorities, and other 70
units of local government providing services but not having 71
regulatory authority over the use of land, with the 72
comprehensive plans of adjacent municipalities, the county, 73
adjacent counties, or the region, with the state comprehensive 74
plan and with the applicable regional water supply plan approved 75

CS/CS/HB 1139 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

pursuant to s. 373.709, as the case may require and as such 76
adopted plans or plans in preparation may exist. This element of 77
the local comprehensive plan must demonstrate consideration of 78
the particular effects of the local plan, when adopted, upon the 79
development of adjacent municipalities, the county, adjacent 80