Florida Senate - 2026 SB 1614
By Senator Leek
7-00341C-26 20261614__
1 A bill to be entitled
2 An act relating to the Florida Building Code; amending
3 s. 553.80, F.S.; prohibiting a local government from
4 receiving state funds through a local funding
5 initiative request to its legislative designation
6 unless it has expended all funds through enforcing the
7 Florida Building Code on authorized uses and does not
8 have excess funds; providing that a local government
9 is not eligible for additional state funds if it has
10 been subject to a legislative committee’s audit within
11 a specified timeframe or if it fails to submit an
12 affirmation to its legislative delegation; requiring
13 each appropriate legislative committee to report such
14 local governments to the presiding officers and the
15 appropriations chairs; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (a) of subsection (7) of section
20 553.80, Florida Statutes, is amended to read:
21 553.80 Enforcement.—
22 (7)(a) The governing bodies of local governments may
23 provide a schedule of reasonable fees, as authorized by s.
24 125.56(2) or s. 166.222 and this section, for enforcing this
25 part. These fees, and any fines or investment earnings related
26 to the fees, may only be used for carrying out the local
27 government’s responsibilities in enforcing the Florida Building
28 Code, including, but not limited to, any process or enforcement
29 related to obtaining or finalizing a building permit. When
30 providing a schedule of reasonable fees, the total estimated
31 annual revenue derived from fees, and the fines and investment
32 earnings related to the fees, may not exceed the total estimated
33 annual costs of allowable activities. Any unexpended balances
34 must be carried forward to future years for allowable activities
35 or must be refunded at the discretion of the local government. A
36 local government may not carry forward an amount exceeding the
37 average of its operating budget for enforcing the Florida
38 Building Code for the previous 4 fiscal years. For purposes of
39 this subsection, the term “operating budget” does not include
40 reserve amounts. Any amount exceeding this limit must be used as
41 authorized in subparagraph 2. However, a local government that
42 established, as of January 1, 2019, a Building Inspections Fund
43 Advisory Board consisting of five members from the construction
44 stakeholder community and carries an unexpended balance in
45 excess of the average of its operating budget for the previous 4
46 fiscal years may continue to carry such excess funds forward
47 upon the recommendation of the advisory board. The basis for a
48 fee structure for allowable activities must relate to the level
49 of service provided by the local government and must include
50 consideration for refunding fees due to reduced services based
51 on services provided as prescribed by s. 553.791, but not
52 provided by the local government. Fees charged must be
53 consistently applied.
54 1. As used in this subsection, the phrase “enforcing the
55 Florida Building Code” includes the direct costs and reasonable
56 indirect costs associated with review of building plans,
57 building inspections, reinspections, and building permit
58 processing; building code enforcement; and fire inspections
59 associated with new construction. The phrase may also include
60 training costs associated with the enforcement of the Florida
61 Building Code and enforcement action pertaining to unlicensed
62 contractor activity to the extent not funded by other user fees.
63 2. A local government must use any excess funds that it is
64 prohibited from carrying forward to rebate and reduce fees, to
65 perform necessary services or repairs to its stormwater
66 management system as defined in s. 403.031, to upgrade
67 technology hardware and software systems to enhance service
68 delivery, to pay for the construction of a building or structure
69 that houses a local government’s building code enforcement
70 agency, or for training programs for building officials,
71 inspectors, or plans examiners associated with the enforcement
72 of the Florida Building Code. Excess funds used to construct
73 such a building or structure must be designated for such purpose
74 by the local government and may not be carried forward for more
75 than 4 consecutive years. A local government may not receive
76 state funds through a local funding initiative request to its
77 legislative designation unless it has expended all funds on the
78 authorized uses in this paragraph and does not have excess
79 funds. Notwithstanding this subparagraph, a local government is
80 not eligible for additional state funds if the local government
81 has been subject to a legislative committee’s audit within 1
82 year after the local government’s request or if the local
83 government does not submit in its local funding initiative
84 request to its legislative delegation an affirmation stating
85 that it has expended all funds and does not have excess funds
86 for services or repairs to its stormwater management system.
87 Each appropriate legislative committee shall report a list of
88 all local governments that have been subject to an audit or
89 which have not submitted an affirmation to the presiding
90 officers and the chairs of the legislative appropriations
91 committees. An owner or a builder who has a valid building
92 permit issued by a local government for a fee, or an association
93 of owners or builders located in this the state that has members
94 with valid building permits issued by a local government for a
95 fee, may bring a civil action against the local government that
96 issued the permit for a fee to enforce this subparagraph.
97 3. The following activities may not be funded with fees
98 adopted for enforcing the Florida Building Code:
99 a. Planning and zoning or other general government
100 activities not related to obtaining a building permit.
101 b. Inspections of public buildings for a reduced fee or no
102 fee.
103 c. Public information requests, community functions,
104 boards, and any program not directly related to enforcement of
105 the Florida Building Code.
106 d. Enforcement and implementation of any other local
107 ordinance, excluding validly adopted local amendments to the
108 Florida Building Code and excluding any local ordinance directly
109 related to enforcing the Florida Building Code as defined in
110 subparagraph 1.
111 4. A local government must use recognized management,
112 accounting, and oversight practices to ensure that fees, fines,
113 and investment earnings generated under this subsection are
114 maintained and allocated or used solely for the purposes
115 described in subparagraph 1.
116 5. The local enforcement agency, independent district, or
117 special district may not require at any time, including at the
118 time of application for a permit, the payment of any additional
119 fees, charges, or expenses associated with:
120 a. Providing proof of licensure under chapter 489;
121 b. Recording or filing a license issued under this chapter;
122 c. Providing, recording, or filing evidence of workers’
123 compensation insurance coverage as required by chapter 440; or
124 d. Charging surcharges or other similar fees not directly
125 related to enforcing the Florida Building Code.
126 Section 2. This act shall take effect July 1, 2026.