Florida Senate - 2019                                    SB 1036
       By Senator Gruters
       23-00514C-19                                          20191036__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Building Code; amending
    3         s. 553.80, F.S.; prohibiting local governments from
    4         carrying forward balances resulting from its
    5         enforcement of the Florida Building Code which exceed
    6         a specified amount; requiring local governments to use
    7         any excess funds for specified purposes; providing an
    8         effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Subsection (7) of section 553.80, Florida
   13  Statutes, is amended to read:
   14         553.80 Enforcement.—
   15         (7) The governing bodies of local governments may provide a
   16  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
   17  166.222 and this section, for enforcing this part. These fees,
   18  and any fines or investment earnings related to the fees, shall
   19  be used solely for carrying out the local government’s
   20  responsibilities in enforcing the Florida Building Code. When
   21  providing a schedule of reasonable fees, the total estimated
   22  annual revenue derived from fees, and the fines and investment
   23  earnings related to the fees, may not exceed the total estimated
   24  annual costs of allowable activities. Any unexpended balances
   25  shall be carried forward to future years for allowable
   26  activities or shall be refunded at the discretion of the local
   27  government. A local government may not carry forward an amount
   28  exceeding the average of its operating budget, not including
   29  reserve amounts, for enforcing the Florida Building Code for the
   30  previous 2 fiscal years. Any amount exceeding this limit must be
   31  used as authorized in subparagraph (a)2. The basis for a fee
   32  structure for allowable activities shall relate to the level of
   33  service provided by the local government and shall include
   34  consideration for refunding fees due to reduced services based
   35  on services provided as prescribed by s. 553.791, but not
   36  provided by the local government. Fees charged shall be
   37  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 it is
   48  prohibited from carrying forward to increase services, reduce
   49  fees, or provide funding to entities designated as not for
   50  profit under s. 501(c)(3) of the Internal Revenue Code whose
   51  primary purpose is to expand training opportunities for the
   52  construction industry, as defined in s. 440.02(8).
   53         (b) The following activities may not be funded with fees
   54  adopted for enforcing the Florida Building Code:
   55         1. Planning and zoning or other general government
   56  activities.
   57         2. Inspections of public buildings for a reduced fee or no
   58  fee.
   59         3. Public information requests, community functions,
   60  boards, and any program not directly related to enforcement of
   61  the Florida Building Code.
   62         4. Enforcement and implementation of any other local
   63  ordinance, excluding validly adopted local amendments to the
   64  Florida Building Code and excluding any local ordinance directly
   65  related to enforcing the Florida Building Code as defined in
   66  paragraph (a).
   67         (c) A local government shall use recognized management,
   68  accounting, and oversight practices to ensure that fees, fines,
   69  and investment earnings generated under this subsection are
   70  maintained and allocated or used solely for the purposes
   71  described in paragraph (a).
   72         (d) The local enforcement agency, independent district, or
   73  special district may not require at any time, including at the
   74  time of application for a permit, the payment of any additional
   75  fees, charges, or expenses associated with:
   76         1. Providing proof of licensure pursuant to chapter 489;
   77         2. Recording or filing a license issued pursuant to this
   78  chapter; or
   79         3. Providing, recording, or filing evidence of workers’
   80  compensation insurance coverage as required by chapter 440.
   81         Section 2. This act shall take effect July 1, 2019.