HB 1139 — Impact Fees

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 CS/CS/HBCS/HB 1139 2026 A bill to be entitled An act relating to impact fees;

requiring that a plan-based methodology used for certain interlocal agreements beuse consistenta withplan-based certainmethodology comprehensivefor plana requirements;certain purpose;

requiring that a demonstrated-need study use a plan-plan-based based methodology for a certain purpose;

prohibiting local governments, school districts, and special districts from including Page 1 of 17 CODING:

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 local governments, school districts, and special districts from including certain deductions in certain impact fee increases and from increasing impact fee rates beyond certain phase-inphase- in limitations by more than a specified percentage within a certain timeframe;

(39) "Plan-based methodology" means a study methodology that uses the most recent and localized data to project growth within a jurisdiction over a 10-year period, anticipate capacity Page 2 of 17 CODING:

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 within a jurisdiction over a 10-year period, anticipate capacity impacts on relevant systems which will be created by the projected growth, and establish a list of capital projects to be constructed or purchased in a defined time period to mitigate the anticipated capacity impacts as part of a new or updated impact fee study.

The capital projects identified in athe county or municipal impact fee study and any necessary interlocal agreement must comport with the requirements of s.

An intergovernmental coordination element showing relationships and stating principles and guidelines to be used in coordinating the adopted comprehensive plan with the plans of school boards, regional water supply authorities, and other units of local government providing services but not having regulatory authority over the use of land, with the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region, with the state comprehensive plan and with the applicable regional water supply plan approved Pagepursuant 3to ofs. 17 CODING:

373.709, as the case may require and as such adopted plans or plans in preparation may exist.

This element of Page 3 of 17 CODING:

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 pursuantthe tolocal s.comprehensive plan must demonstrate consideration of the particular effects of the local plan, when adopted, upon the development of adjacent municipalities, the county, adjacent counties, or the region, or upon the state comprehensive plan, as the case may require.

373.709, as the case may require and as such adopted plans or plans in preparation may exist.

This element of the local comprehensive plan must demonstrate consideration of the particular effects of the local plan, when adopted, upon the development of adjacent municipalities, the county, adjacent counties, or the region, or upon the state comprehensive plan, as the case may require.

In addition, the intergovernmental coordination element must describe joint processes for collaborative planning and decisionmaking on population projections and public school siting, the location and extension of public facilities subject Page 4 of 17 CODING:

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 decisionmaking on population projections and public school siting, the location and extension of public facilities subject to concurrency, and siting facilities with countywide significance, including locally unwanted land uses whose nature and identity are established in an agreement.

Pageb. 5 of 17 CODING:

Ensure coordination in establishing level of service standards for public facilities with any state, regional, or Page 5 of 17 CODING:

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 b.local entity having operational and maintenance responsibility for such facilities.

Ensure coordination in establishing level of service standards for public facilities with any state, regional, or local entity having operational and maintenance responsibility for such facilities.

Establish a plan-based methodology consistentfor withdetermining the requirementslegally ofpermissible s.fee to be charged to a new development or redevelopment.

163.3177(6)(h) for determining the legally permissible fee to be charged to a new development or redevelopment.

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 Pageredevelopment, 6or provide a method of 17assigning CODING:responsibility for the mitigation of the transportation capacity impacts belonging to the county and the municipality.

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hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 redevelopment,e. or provide a method of assigning responsibility for the mitigation of the transportation capacity impacts belonging to the county and the municipality.

Use a plan-based methodology in complying with the requirements of s.

163.3177(6)(h).

An interlocal agreement entered into before October 1, 2024, may not extend beyond October 1, Page 7 of 17 CODING:

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 into before October 1, 2024, may not extend beyond October 1, 2031 unless the county and municipality mutually agree to extend the existing interlocal agreement before the expiration of the agreement.

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 such increase in full compliance with the requirements of subsection (4), provided the following criteria are met:

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 limitations set forth in paragraph (b), paragraph (c), paragraph (d), or paragraph (e).

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 government's failure to provide required dollar-for-dollar credits for the payment of impact fees as provided in s.

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 212.055 Discretionary sales surtaxes;

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 efficiency improvements to their residential or commercial property, if a local government ordinance authorizing such use is approved by referendum;

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 and engineering costs, and all other professional and related costs required to bring the public facilities into service.

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 252.38.

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 and includes the necessary hardware and software to operate the interactive device.

hb1139-02-c2hb1139-01-c1 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 CS/CS/HBCS/HB 1139 2026 incentives related to economic development.

hb1139-02-c2hb1139-01-c1