Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1146 Ì970712ÄÎ970712 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/21/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Brodeur) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 930 and 931 4 insert: 5 Section 7. Paragraph (a) of subsection (7) of section 6 553.80, Florida Statutes, is amended to read: 7 553.80 Enforcement.— 8 (7)(a) The governing bodies of local governments may 9 provide a schedule of reasonable fees, as authorized by s. 10 125.56(2) or s. 166.222 and this section, for enforcing this 11 part. These fees, and any fines or investment earnings related 12 to the fees, shall be used solely for carrying out the local 13 government’s responsibilities in enforcing the Florida Building 14 Code. When providing a schedule of reasonable fees, the total 15 estimated annual revenue derived from fees, and the fines and 16 investment earnings related to the fees, may not exceed the 17 total estimated annual costs of allowable activities. Any 18 unexpended balances shall be carried forward to future years for 19 allowable activities or shall be refunded at the discretion of 20 the local government. A local government may not carry forward 21 an amount exceeding the average of its operating budget for 22 enforcing the Florida Building Code for the previous 4 fiscal 23 years. For purposes of this subsection, the term “operating 24 budget” does not include reserve amounts. Any amount exceeding 25 this limit must be used as authorized in subparagraph 2. 26 However, a local government which established, as of January 1, 27 2019, a Building Inspections Fund Advisory Board consisting of 28 five members from the construction stakeholder community and 29 carries an unexpended balance in excess of the average of its 30 operating budget for the previous 4 fiscal years may continue to 31 carry 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 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, or 49 pay for the construction of a building or structure that houses 50 a local government’s building code enforcement agency or 51 provides training programs for building officials, inspectors, 52 or plans examiners associated with the enforcement of the 53 Florida Building Code. Excess funds used to construct such a 54 building or structure must be designated for such purpose by the 55 local government and may not be carried forward for more than 4 56 consecutive years. 57 3. The following activities may not be funded with fees 58 adopted for enforcing the Florida Building Code: 59 a. Planning and zoning or other general government 60 activities. 61 b. Inspections of public buildings for a reduced fee or no 62 fee. 63 c. Public information requests, community functions, 64 boards, and any program not directly related to enforcement of 65 the Florida Building Code. 66 d. Enforcement and implementation of any other local 67 ordinance, excluding validly adopted local amendments to the 68 Florida Building Code and excluding any local ordinance directly 69 related to enforcing the Florida Building Code as defined in 70 subparagraph 1. 71 4. A local government shall use recognized management, 72 accounting, and oversight practices to ensure that fees, fines, 73 and investment earnings generated under this subsection are 74 maintained and allocated or used solely for the purposes 75 described in subparagraph 1. 76 5. The local enforcement agency, independent district, or 77 special district may not require at any time, including at the 78 time of application for a permit, the payment of any additional 79 fees, charges, or expenses associated with: 80 a. Providing proof of licensure pursuant to chapter 489; 81 b. Recording or filing a license issued pursuant to this 82 chapter; 83 c. Providing, recording, or filing evidence of workers’ 84 compensation insurance coverage as required by chapter 440; or 85 d. Charging surcharges or other similar fees not directly 86 related to enforcing the Florida Building Code. 87 88 ================= T I T L E A M E N D M E N T ================ 89 And the title is amended as follows: 90 Between lines 81 and 82 91 insert: 92 amending s. 553.80, F.S.; revising requirements for 93 the expenditure of certain unexpended revenue relating 94 to enforcing the Florida Building Code;