Florida Senate - 2021 SB 1648
By Senator Powell
30-00742A-21 20211648__
1 A bill to be entitled
2 An act relating to waiver of fees for affordable
3 housing construction; amending s. 553.80, F.S.;
4 authorizing local governments to waive fees associated
5 with enforcing the Florida Building Code for costs
6 relating to the construction of affordable housing;
7 authorizing local governments to adopt ordinances
8 exempting permits relating to the construction of
9 affordable housing from certain fees; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (a) of subsection (7) of section
15 553.80, Florida Statutes, is amended to read:
16 553.80 Enforcement.—
17 (7)(a) The governing bodies of local governments may
18 provide a schedule of reasonable fees, as authorized by s.
19 125.56(2) or s. 166.222 and this section, for enforcing this
20 part. These fees, and any fines or investment earnings related
21 to the fees, shall be used solely for carrying out the local
22 government’s responsibilities in enforcing the Florida Building
23 Code. When providing a schedule of reasonable fees, the total
24 estimated annual revenue derived from fees, and the fines and
25 investment earnings related to the fees, may not exceed the
26 total estimated annual costs of allowable activities. Any
27 unexpended balances shall be carried forward to future years for
28 allowable activities or shall be refunded at the discretion of
29 the local government. A local government may not carry forward
30 an amount exceeding the average of its operating budget for
31 enforcing the Florida Building Code for the previous 4 fiscal
32 years. For purposes of this subsection, the term “operating
33 budget” does not include reserve amounts. Any amount exceeding
34 this limit must be used as authorized in subparagraph 2.
35 However, a local government which established, as of January 1,
36 2019, a Building Inspections Fund Advisory Board consisting of
37 five members from the construction stakeholder community and
38 carries an unexpended balance in excess of the average of its
39 operating budget for the previous 4 fiscal years may continue to
40 carry such excess funds forward upon the recommendation of the
41 advisory board. The basis for a fee structure for allowable
42 activities shall relate to the level of service provided by the
43 local government and shall include consideration for refunding
44 fees due to reduced services based on services provided as
45 prescribed by s. 553.791, but not provided by the local
46 government. Fees charged shall be consistently applied. However,
47 a local government may waive fees associated with enforcing the
48 Florida Building Code for costs related to the construction of
49 affordable housing under chapter 420.
50 1. As used in this subsection, the phrase “enforcing the
51 Florida Building Code” includes the direct costs and reasonable
52 indirect costs associated with review of building plans,
53 building inspections, reinspections, and building permit
54 processing; building code enforcement; and fire inspections
55 associated with new construction. The phrase may also include
56 training costs associated with the enforcement of the Florida
57 Building Code and enforcement action pertaining to unlicensed
58 contractor activity to the extent not funded by other user fees.
59 2. A local government must use any excess funds that it is
60 prohibited from carrying forward to rebate and reduce fees.
61 3. The following activities may not be funded with fees
62 adopted for enforcing the Florida Building Code:
63 a. Planning and zoning or other general government
64 activities.
65 b. Inspections of public buildings for a reduced fee or no
66 fee.
67 c. Public information requests, community functions,
68 boards, and any program not directly related to enforcement of
69 the Florida Building Code.
70 d. Enforcement and implementation of any other local
71 ordinance, excluding validly adopted local amendments to the
72 Florida Building Code and excluding any local ordinance directly
73 related to enforcing the Florida Building Code as defined in
74 subparagraph 1.
75 4. A local government shall use recognized management,
76 accounting, and oversight practices to ensure that fees, fines,
77 and investment earnings generated under this subsection are
78 maintained and allocated or used solely for the purposes
79 described in subparagraph 1.
80 5. The local enforcement agency, independent district, or
81 special district may not require at any time, including at the
82 time of application for a permit, the payment of any additional
83 fees, charges, or expenses associated with:
84 a. Providing proof of licensure pursuant to chapter 489;
85 b. Recording or filing a license issued pursuant to this
86 chapter;
87 c. Providing, recording, or filing evidence of workers’
88 compensation insurance coverage as required by chapter 440; or
89 d. Charging surcharges or other similar fees not directly
90 related to enforcing the Florida Building Code.
91 6. A local government may adopt an ordinance creating an
92 exemption from fees for enforcing the Florida Building Code
93 applicable to permits related to the construction of affordable
94 housing under chapter 420.
95 Section 2. This act shall take effect July 1, 2021.