Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 1036 Ì802848GÎ802848 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/09/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Gruters) recommended the following: 1 Senate Amendment (with title amendment) 2 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. 80 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.