Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1036
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Community Affairs (Gruters) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) of section 553.80, Florida
    6  Statutes, is amended to read:
    7         553.80 Enforcement.—
    8         (7) The governing bodies of local governments may provide a
    9  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
   10  166.222 and this section, for enforcing this part. These fees,
   11  and any fines or investment earnings related to the fees, shall
   12  be used solely for carrying out the local government’s
   13  responsibilities in enforcing the Florida Building Code. When
   14  providing a schedule of reasonable fees, the total estimated
   15  annual revenue derived from fees, and the fines and investment
   16  earnings related to the fees, may not exceed the total estimated
   17  annual costs of allowable activities. Any unexpended balances
   18  shall be carried forward to future years for allowable
   19  activities or shall be refunded at the discretion of the local
   20  government. A local government may not carry forward an amount
   21  exceeding the average of its operating budget for enforcing the
   22  Florida Building Code for the previous 4 fiscal years. For
   23  purposes of this subsection, the term “operating budget” does
   24  not include reserve amounts. Any amount exceeding this limit
   25  must be used as authorized in subparagraph (a)2. However, a
   26  local government which established, as of January 1, 2019, a
   27  Building Inspections Fund Advisory Board consisting of five
   28  members from the construction stakeholder community and carries
   29  an unexpended balance in excess of the average of its operating
   30  budget for the previous 4 fiscal years may continue to carry
   31  such excess funds forward upon the recommendation of the
   32  advisory board. The basis for a fee structure for allowable
   33  activities shall relate to the level of service provided by the
   34  local government and shall include consideration for refunding
   35  fees due to reduced services based on services provided as
   36  prescribed by s. 553.791, but not provided by the local
   37  government. Fees charged shall be consistently applied.
   38         (a)1. As used in this subsection, the phrase “enforcing the
   39  Florida Building Code” includes the direct costs and reasonable
   40  indirect costs associated with review of building plans,
   41  building inspections, reinspections, and building permit
   42  processing; building code enforcement; and fire inspections
   43  associated with new construction. The phrase may also include
   44  training costs associated with the enforcement of the Florida
   45  Building Code and enforcement action pertaining to unlicensed
   46  contractor activity to the extent not funded by other user fees.
   47         2.A local government must use any excess funds that it is
   48  prohibited from carrying forward to rebate and reduce fees.
   49         (b) The following activities may not be funded with fees
   50  adopted for enforcing the Florida Building Code:
   51         1. Planning and zoning or other general government
   52  activities.
   53         2. Inspections of public buildings for a reduced fee or no
   54  fee.
   55         3. Public information requests, community functions,
   56  boards, and any program not directly related to enforcement of
   57  the Florida Building Code.
   58         4. Enforcement and implementation of any other local
   59  ordinance, excluding validly adopted local amendments to the
   60  Florida Building Code and excluding any local ordinance directly
   61  related to enforcing the Florida Building Code as defined in
   62  paragraph (a).
   63         5.Charging surcharges or other similar fees not directly
   64  related to enforcing the Florida Building Code.
   65         (c) A local government shall use recognized management,
   66  accounting, and oversight practices to ensure that fees, fines,
   67  and investment earnings generated under this subsection are
   68  maintained and allocated or used solely for the purposes
   69  described in paragraph (a).
   70         (d) The local enforcement agency, independent district, or
   71  special district may not require at any time, including at the
   72  time of application for a permit, the payment of any additional
   73  fees, charges, or expenses associated with:
   74         1. Providing proof of licensure pursuant to chapter 489;
   75         2. Recording or filing a license issued pursuant to this
   76  chapter; or
   77         3. Providing, recording, or filing evidence of workers’
   78  compensation insurance coverage as required by chapter 440.
   79         Section 2. This act shall take effect July 1, 2019.
   81  ================= T I T L E  A M E N D M E N T ================
   82  And the title is amended as follows:
   83         Delete everything before the enacting clause
   84  and insert:
   85                        A bill to be entitled                      
   86         An act relating to Florida Building Code enforcement;
   87         amending s. 553.80, F.S.; prohibiting a local
   88         government from carrying forward more than a specified
   89         amount of unexpended revenue; defining the term
   90         “operating budget”; providing an exception; revising
   91         requirements for the expenditure of certain unexpended
   92         revenue; expanding the list of activities that are
   93         prohibited from being funded by fees adopted for
   94         enforcing the Florida Building Code; providing an
   95         effective date.