Florida Senate - 2018                             CS for SB 1144
       
       
        
       By the Committee on Community Affairs; and Senator Perry
       
       
       
       
       
       578-02145-18                                          20181144c1
    1                        A bill to be entitled                      
    2         An act relating to permit fees; amending s. 125.56,
    3         F.S.; requiring the governing body of certain counties
    4         to post its permit and inspection fee schedules and a
    5         link to the annual building permit and inspection
    6         report on its website; amending s. 166.222, F.S.;
    7         requiring the governing body of a municipality to post
    8         its permit and inspection fee schedules and a link to
    9         the annual building permit and inspection report on
   10         its website; amending s. 553.80, F.S.; requiring the
   11         governing body of a local government, before making
   12         any adjustment to a fee schedule, to publish a
   13         building permit and inspection report and post it on
   14         the local government’s website; requiring the report
   15         to be updated annually on such website and be easily
   16         accessible to the public; requiring the report to
   17         include specified information; providing an effective
   18         date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (c) is added to subsection (4) of
   23  section 125.56, Florida Statutes, to read:
   24         125.56 Enforcement and amendment of the Florida Building
   25  Code and the Florida Fire Prevention Code; inspection fees;
   26  inspectors; etc.—
   27         (4)
   28         (c)The governing body of a county authorized under this
   29  section or s. 553.80 to issue fees shall post its permit fee and
   30  inspection fee schedule on its website with a link to the
   31  building permit and inspection report required under s.
   32  553.80(7).
   33         Section 2. Section 166.222, Florida Statutes, is amended to
   34  read:
   35         166.222 Building code inspection fees.—
   36         (1) The governing body of a municipality may provide a
   37  schedule of reasonable inspection fees in order to defer the
   38  costs of inspection and enforcement of the provisions of its
   39  building code.
   40         (2) The governing body of a municipality authorized under
   41  s. 553.80 to issue fees shall post its permit and inspection fee
   42  schedules on its website with a link to the building permit and
   43  inspection report required under s. 553.80(7).
   44         Section 3. Subsection (7) of section 553.80, Florida
   45  Statutes, is amended to read:
   46         553.80 Enforcement.—
   47         (7)(a) The governing bodies of local governments may
   48  provide a schedule of reasonable fees, as authorized by s.
   49  125.56(2) or s. 166.222 and this section, for enforcing this
   50  part. These fees, and any fines or investment earnings related
   51  to the fees, shall be used solely for carrying out the local
   52  government’s responsibilities in enforcing the Florida Building
   53  Code. When providing a schedule of reasonable fees, the total
   54  estimated annual revenue derived from fees, and the fines and
   55  investment earnings related to the fees, may not exceed the
   56  total estimated annual costs of allowable activities. Any
   57  unexpended balances shall be carried forward to future years for
   58  allowable activities or shall be refunded at the discretion of
   59  the local government. The basis for a fee structure for
   60  allowable activities shall relate to the level of service
   61  provided by the local government and shall include consideration
   62  for refunding fees due to reduced services based on services
   63  provided as prescribed by s. 553.791, but not provided by the
   64  local government. Fees charged shall be consistently applied.
   65         1.(a) As used in this subsection, the phrase “enforcing the
   66  Florida Building Code” includes the direct costs and reasonable
   67  indirect costs associated with review of building plans,
   68  building inspections, reinspections, and building permit
   69  processing; building code enforcement; and fire inspections
   70  associated with new construction. The phrase may also include
   71  training costs associated with the enforcement of the Florida
   72  Building Code and enforcement action pertaining to unlicensed
   73  contractor activity to the extent not funded by other user fees.
   74         2.(b) The following activities may not be funded with fees
   75  adopted for enforcing the Florida Building Code:
   76         a.1. Planning and zoning or other general government
   77  activities.
   78         b.2. Inspections of public buildings for a reduced fee or
   79  no fee.
   80         c.3. Public information requests, community functions,
   81  boards, and any program not directly related to enforcement of
   82  the Florida Building Code.
   83         d.4. Enforcement and implementation of any other local
   84  ordinance, excluding validly adopted local amendments to the
   85  Florida Building Code and excluding any local ordinance directly
   86  related to enforcing the Florida Building Code as defined in
   87  subparagraph 1 paragraph (a).
   88         3.(c) A local government shall use recognized management,
   89  accounting, and oversight practices to ensure that fees, fines,
   90  and investment earnings generated under this subsection are
   91  maintained and allocated or used solely for the purposes
   92  described in subparagraph 1 paragraph (a).
   93         4.(d) The local enforcement agency, independent district,
   94  or special district may not require at any time, including at
   95  the time of application for a permit, the payment of any
   96  additional fees, charges, or expenses associated with:
   97         a.1. Providing proof of licensure pursuant to chapter 489;
   98         b.2. Recording or filing a license issued pursuant to this
   99  chapter; or
  100         c.3. Providing, recording, or filing evidence of workers’
  101  compensation insurance coverage as required by chapter 440.
  102         (b)Before making any adjustment to a fee schedule, the
  103  governing body of a local government shall publish a building
  104  permit and inspection report and post it on the local
  105  government’s website. The report must be updated annually on
  106  such website and be easily accessible to the public. The report
  107  must include:
  108         1.Direct and indirect costs incurred by the local
  109  government to implement the Florida Building Code, including
  110  costs related to the review of:
  111         a.Building plans.
  112         b.Building inspections.
  113         c.Building reinspections.
  114         d.Building permit processing.
  115         e.Building code enforcement.
  116         f.Building fire inspections.
  117         2.Number of building permits requested.
  118         3.Number of building permits issued.
  119         4.Number of building inspections and reinspections
  120  conducted.
  121         5.Number of personnel employed by the local government to
  122  implement the Florida Building Code, issue building permits, and
  123  conduct inspections.
  124         6.Salary and related employee benefit costs incurred by
  125  the local government to implement the Florida Building Code,
  126  issue building permits, and conduct inspections.
  127         7.Revenue derived from fees pursuant to this subsection.
  128         8.Revenue derived from fines pursuant to this subsection.
  129         9.Investment earnings derived from the local government’s
  130  investment of revenue derived from fees and fines pursuant to
  131  this subsection.
  132         10.Balances carried forward by the local government
  133  pursuant to this subsection.
  134         11.Balances refunded by the local government pursuant to
  135  this subsection.
  136         Section 4. This act shall take effect July 1, 2018.