Florida Senate - 2024                                    SB 1200
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01149-24                                           20241200__
    1                        A bill to be entitled                      
    2         An act relating to enforcement of the Florida Building
    3         Code; amending s. 553.80, F.S.; revising local
    4         governments’ responsibilities in enforcing the Florida
    5         Building Code to include any process or enforcement
    6         related to obtaining and finalizing a building permit;
    7         revising a local government’s prohibition on funding
    8         certain activities; reenacting ss. 125.56(4)(c),
    9         166.222(2), and 553.794(8), F.S., relating to
   10         enforcement and amendment of the Florida Building Code
   11         and inspection fees, building code inspection fees,
   12         and a local governing body setting fees, respectively,
   13         to incorporate the amendment made to s. 553.80, F.S.,
   14         in references thereto; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (a) of subsection (7) of section
   19  553.80, Florida Statutes, is amended to read:
   20         553.80 Enforcement.—
   21         (7)(a) The governing bodies of local governments may
   22  provide a schedule of reasonable fees, as authorized by s.
   23  125.56(2) or s. 166.222 and this section, for enforcing this
   24  part. These fees, and any fines or investment earnings related
   25  to the fees, shall be used solely for carrying out the local
   26  government’s responsibilities in enforcing the Florida Building
   27  Code, including, but not limited to, any process or enforcement
   28  related to obtaining and finalizing a building permit. When
   29  providing a schedule of reasonable fees, the total estimated
   30  annual revenue derived from fees, and the fines and investment
   31  earnings related to the fees, may not exceed the total estimated
   32  annual costs of allowable activities. Any unexpended balances
   33  must be carried forward to future years for allowable activities
   34  or must be refunded at the discretion of the local government. A
   35  local government may not carry forward an amount exceeding the
   36  average of its operating budget for enforcing the Florida
   37  Building Code for the previous 4 fiscal years. For purposes of
   38  this subsection, the term “operating budget” does not include
   39  reserve amounts. Any amount exceeding this limit must be used as
   40  authorized in subparagraph 2. However, a local government that
   41  established, as of January 1, 2019, a Building Inspections Fund
   42  Advisory Board consisting of five members from the construction
   43  stakeholder community and carries an unexpended balance in
   44  excess of the average of its operating budget for the previous 4
   45  fiscal years may continue to carry such excess funds forward
   46  upon the recommendation of the advisory board. The basis for a
   47  fee structure for allowable activities must relate to the level
   48  of service provided by the local government and must include
   49  consideration for refunding fees due to reduced services based
   50  on services provided as prescribed by s. 553.791, but not
   51  provided by the local government. Fees charged must be
   52  consistently applied.
   53         1. As used in this subsection, the phrase “enforcing the
   54  Florida Building Code” includes the direct costs and reasonable
   55  indirect costs associated with review of building plans,
   56  building inspections, reinspections, and building permit
   57  processing; building code enforcement; and fire inspections
   58  associated with new construction. The phrase may also include
   59  training costs associated with the enforcement of the Florida
   60  Building Code and enforcement action pertaining to unlicensed
   61  contractor activity to the extent not funded by other user fees.
   62         2. A local government must use any excess funds that it is
   63  prohibited from carrying forward to rebate and reduce fees, or
   64  to pay for the construction of a building or structure that
   65  houses a local government’s building code enforcement agency or
   66  the training programs for building officials, inspectors, or
   67  plans examiners associated with the enforcement of the Florida
   68  Building Code. Excess funds used to construct such a building or
   69  structure must be designated for such purpose by the local
   70  government and may not be carried forward for more than 4
   71  consecutive years. An owner or builder who has a valid building
   72  permit issued by a local government for a fee, or an association
   73  of owners or builders located in the state that has members with
   74  valid building permits issued by a local government for a fee,
   75  may bring a civil action against the local government that
   76  issued the permit for a fee to enforce this subparagraph.
   77         3. The following activities may not be funded with fees
   78  adopted for enforcing the Florida Building Code:
   79         a. Planning and zoning or other general government
   80  activities not related to obtaining a building permit.
   81         b. Inspections of public buildings for a reduced fee or no
   82  fee.
   83         c. Public information requests, community functions,
   84  boards, and any program not directly related to enforcement of
   85  the Florida Building Code.
   86         d. Enforcement and implementation of any other local
   87  ordinance, excluding validly adopted local amendments to the
   88  Florida Building Code and excluding any local ordinance directly
   89  related to enforcing the Florida Building Code as defined in
   90  subparagraph 1.
   91         4. A local government must use recognized management,
   92  accounting, and oversight practices to ensure that fees, fines,
   93  and investment earnings generated under this subsection are
   94  maintained and allocated or used solely for the purposes
   95  described in subparagraph 1.
   96         5. The local enforcement agency, independent district, or
   97  special district may not require at any time, including at the
   98  time of application for a permit, the payment of any additional
   99  fees, charges, or expenses associated with:
  100         a. Providing proof of licensure under chapter 489;
  101         b. Recording or filing a license issued under this chapter;
  102         c. Providing, recording, or filing evidence of workers’
  103  compensation insurance coverage as required by chapter 440; or
  104         d. Charging surcharges or other similar fees not directly
  105  related to enforcing the Florida Building Code.
  106         Section 2. For the purpose of incorporating the amendment
  107  made by this act to section 553.80, Florida Statutes, in
  108  references thereto, paragraph (c) of subsection (4) of section
  109  125.56, Florida Statutes, is reenacted to read:
  110         125.56 Enforcement and amendment of the Florida Building
  111  Code and the Florida Fire Prevention Code; inspection fees;
  112  inspectors; etc.—
  113         (4)
  114         (c) The governing body of a county authorized under this
  115  section or s. 553.80 to issue fees shall post its permit and
  116  inspection fee schedules and its building permit and inspection
  117  utilization report required under s. 553.80(7) on its website.
  118         Section 3. For the purpose of incorporating the amendment
  119  made by this act to section 553.80, Florida Statutes, in a
  120  reference thereto, subsection (2) of section 166.222, Florida
  121  Statutes, is reenacted to read:
  122         166.222 Building code inspection fees.—
  123         (2) The governing body of a municipality authorized under
  124  s. 553.80 to issue fees shall post its permit and inspection fee
  125  schedules and its building permit and inspection utilization
  126  report required under s. 553.80(7) on its website.
  127         Section 4. For the purpose of incorporating the amendment
  128  made by this act to section 553.80, Florida Statutes, in a
  129  reference thereto, subsection (8) of section 553.794, Florida
  130  Statutes, is reenacted to read:
  131         553.794 Local government residential master building permit
  132  program.—
  133         (8) FEES.—The governing body of the applicable local
  134  government shall set fees pursuant to s. 553.80(7).
  135         Section 5. This act shall take effect July 1, 2024.