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.