Florida Senate - 2026 CS for CS for SB 1614
By the Appropriations Committee on Agriculture, Environment, and
General Government; the Committee on Community Affairs; and
Senator Leek
601-02967-26 20261614c2
1 A bill to be entitled
2 An act relating to local government funding; amending
3 s. 11.40, F.S.; providing that a local governmental
4 entity is not eligible to receive state funds through
5 a local funding initiative request if the local
6 governmental entity was subject to an audit directed
7 by the Legislative Auditing Committee within a
8 specified timeframe; providing an exception; requiring
9 the Legislative Auditing Committee to notify the
10 chairs of each legislative appropriations committee
11 upon voting to direct an audit of a local governmental
12 entity; amending s. 553.80, F.S.; revising the manner
13 in which a local government is required to spend
14 excess funds; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (4) is added to section 11.40,
19 Florida Statutes, to read:
20 11.40 Legislative Auditing Committee.—
21 (4) A local governmental entity is not eligible to receive
22 state funds through a local funding initiative request if the
23 local governmental entity was subject to an audit directed by
24 the Legislative Auditing Committee within the 1-year period
25 preceding the date of the submission of the local funding
26 initiative request, as measured from the date on which the
27 Legislative Auditing Committee votes to direct the audit.
28 However, a local governmental entity that was subject to an
29 audit pursuant to this subsection may be eligible to receive
30 such funds if, at the time of submission of the local funding
31 initiative request to its legislative delegation, the local
32 governmental entity includes an affirmation stating that it is
33 no longer the subject of such audit. The Legislative Auditing
34 Committee shall notify the chairs of each legislative
35 appropriations committee upon voting to direct an audit of a
36 local governmental entity.
37 Section 2. Paragraph (a) of subsection (7) of section
38 553.80, Florida Statutes, is amended to read:
39 553.80 Enforcement.—
40 (7)(a) The governing bodies of local governments may
41 provide a schedule of reasonable fees, as authorized by s.
42 125.56(2) or s. 166.222 and this section, for enforcing this
43 part. These fees, and any fines or investment earnings related
44 to the fees, may only be used for carrying out the local
45 government’s responsibilities in enforcing the Florida Building
46 Code, including, but not limited to, any process or enforcement
47 related to obtaining or finalizing a building permit. When
48 providing a schedule of reasonable fees, the total estimated
49 annual revenue derived from fees, and the fines and investment
50 earnings related to the fees, may not exceed the total estimated
51 annual costs of allowable activities. Any unexpended balances
52 must be carried forward to future years for allowable activities
53 or must be refunded at the discretion of the local government. A
54 local government may not carry forward an amount exceeding the
55 average of its operating budget for enforcing the Florida
56 Building Code for the previous 4 fiscal years. For purposes of
57 this subsection, the term “operating budget” does not include
58 reserve amounts. Any amount exceeding this limit must be used as
59 authorized in subparagraph 2. However, a local government that
60 established, as of January 1, 2019, a Building Inspections Fund
61 Advisory Board consisting of five members from the construction
62 stakeholder community and carries an unexpended balance in
63 excess of the average of its operating budget for the previous 4
64 fiscal years may continue to carry such excess funds forward
65 upon the recommendation of the advisory board. The basis for a
66 fee structure for allowable activities must relate to the level
67 of service provided by the local government and must include
68 consideration for refunding fees due to reduced services based
69 on services provided as prescribed by s. 553.791, but not
70 provided by the local government. Fees charged must be
71 consistently applied.
72 1. As used in this subsection, the phrase “enforcing the
73 Florida Building Code” includes the direct costs and reasonable
74 indirect costs associated with review of building plans,
75 building inspections, reinspections, and building permit
76 processing; building code enforcement; and fire inspections
77 associated with new construction. The phrase may also include
78 training costs associated with the enforcement of the Florida
79 Building Code and enforcement action pertaining to unlicensed
80 contractor activity to the extent not funded by other user fees.
81 2. A local government must use any excess funds that it is
82 prohibited from carrying forward to rebate and reduce fees, to
83 upgrade technology hardware and software systems to enhance
84 service delivery, to pay for the construction of a building or
85 structure that houses a local government’s building code
86 enforcement agency, or for training programs for building
87 officials, inspectors, or plans examiners associated with the
88 enforcement of the Florida Building Code. Excess funds used to
89 construct such a building or structure must be designated for
90 such purpose by the local government and may not be carried
91 forward for more than 4 consecutive years. An owner or a builder
92 who has a valid building permit issued by a local government for
93 a fee, or an association of owners or builders located in this
94 the state that has members with valid building permits issued by
95 a local government for a fee, may bring a civil action against
96 the local government that issued the permit for a fee to enforce
97 this subparagraph.
98 3. The following activities may not be funded with fees
99 adopted for enforcing the Florida Building Code:
100 a. Planning and zoning or other general government
101 activities not related to obtaining a building permit.
102 b. Inspections of public buildings for a reduced fee or no
103 fee.
104 c. Public information requests, community functions,
105 boards, and any program not directly related to enforcement of
106 the Florida Building Code.
107 d. Enforcement and implementation of any other local
108 ordinance, excluding validly adopted local amendments to the
109 Florida Building Code and excluding any local ordinance directly
110 related to enforcing the Florida Building Code as defined in
111 subparagraph 1.
112 4. A local government must use recognized management,
113 accounting, and oversight practices to ensure that fees, fines,
114 and investment earnings generated under this subsection are
115 maintained and allocated or used solely for the purposes
116 described in subparagraph 1.
117 5. The local enforcement agency, independent district, or
118 special district may not require at any time, including at the
119 time of application for a permit, the payment of any additional
120 fees, charges, or expenses associated with:
121 a. Providing proof of licensure under chapter 489;
122 b. Recording or filing a license issued under this chapter;
123 c. Providing, recording, or filing evidence of workers’
124 compensation insurance coverage as required by chapter 440; or
125 d. Charging surcharges or other similar fees not directly
126 related to enforcing the Florida Building Code.
127 Section 3. This act shall take effect July 1, 2026.