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Senators Bennett and Constantine moved the following substitute

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for amendment (127346):

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     Senate Amendment (with directory and title amendments)

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     Between line(s) 861 and 862,

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insert:

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     (7)  The governing bodies of local governments may provide a

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schedule of reasonable fees, as authorized by s. 125.56(2) or s.

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166.222 and this section, for enforcing this part. These fees,

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and any fines or investment earnings related to the fees, shall

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be used solely for carrying out the local government's

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responsibilities in enforcing the Florida Building Code. When

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providing a schedule of reasonable fees, the total estimated

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annual revenue derived from fees, and the fines and investment

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earnings related to the fees, may not exceed the total estimated

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annual costs of allowable activities. Any unexpended balances

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shall be carried forward to future years for allowable activities

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or shall be refunded at the discretion of the local government.

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The basis for a fee structure for allowable activities shall

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relate to the level of service provided by the local government

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and shall include consideration for refunding fees due to reduced

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services based on services provided as prescribed by s. 553.791,

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but not provided by the local government. Fees charged shall be

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consistently applied.

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     (a)  As used in this subsection, the phrase "enforcing the

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Florida Building Code" includes the direct costs and reasonable

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indirect costs associated with review of building plans, building

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inspections, reinspections, and building permit processing;

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building code enforcement; and fire inspections associated with

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new construction. The phrase may also include training costs

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associated with the enforcement of the Florida Building Code and

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enforcement action pertaining to unlicensed contractor activity

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to the extent not funded by other user fees.

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     (b)  The following activities may not be funded with fees

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adopted for enforcing the Florida Building Code:

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     1.  Planning and zoning or other general government

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activities.

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     2.  Inspections of public buildings for a reduced fee or no

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fee.

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     3.  Public information requests, community functions,

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boards, and any program not directly related to enforcement of

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the Florida Building Code.

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     4.  Enforcement and implementation of any other local

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ordinance, excluding validly adopted local amendments to the

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Florida Building Code and excluding any local ordinance directly

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related to enforcing the Florida Building Code as defined in

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paragraph (a).

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     (c)  A local government shall use recognized management,

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accounting, and oversight practices to ensure that fees, fines,

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and investment earnings generated under this subsection are

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maintained and allocated or used solely for the purposes

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described in paragraph (a).

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====== D I R E C T O R Y  C L A U S E  A M E N D M E N T =====

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And the directory clause is amended as follows:

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     Delete line 835

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and insert:

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section 553.80, Florida Statutes, and subsection (7) of that

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section is amended, to read:

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 69, after the first semicolon,

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insert:

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requiring that the basis for a fee structure for allowable

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activities include consideration for refunding fees due to

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reduced services based on certain services;

4/29/2008  3:34:00 PM     21-09067-08