Florida Senate - 2018 SB 1144
By Senator Perry
1 A bill to be entitled
2 An act relating to permit fees; amending s. 125.56,
3 F.S.; requiring a local government authorized to
4 charge certain fees to post its permit fee and
5 inspection fee schedule on its website with a link to
6 a specified building permit and inspection report;
7 amending s. 553.80, F.S.; requiring the governing body
8 of a local government, before making any adjustment to
9 a fee schedule, to publish a building permit and
10 inspection report and post it on the local
11 government’s website; requiring the report to be
12 updated annually on such website and be easily
13 accessible to the public; requiring the report to
14 include specified information; providing an effective
17 Be It Enacted by the Legislature of the State of Florida:
19 Section 1. Paragraph (c) is added to subsection (4) of
20 section 125.56, Florida Statutes, to read:
21 125.56 Enforcement and amendment of the Florida Building
22 Code and the Florida Fire Prevention Code; inspection fees;
23 inspectors; etc.—
25 (c) A local government authorized under this section, s.
26 166.222, or s. 553.80 to charge fees shall post its permit fee
27 and inspection fee schedule on its website with a link to the
28 building permit and inspection report required under s.
30 Section 2. Subsection (7) of section 553.80, Florida
31 Statutes, is amended to read:
32 553.80 Enforcement.—
33 (7)(a) The governing bodies of local governments may
34 provide a schedule of reasonable fees, as authorized by s.
35 125.56(2) or s. 166.222 and this section, for enforcing this
36 part. These fees, and any fines or investment earnings related
37 to the fees, shall be used solely for carrying out the local
38 government’s responsibilities in enforcing the Florida Building
39 Code. When providing a schedule of reasonable fees, the total
40 estimated annual revenue derived from fees, and the fines and
41 investment earnings related to the fees, may not exceed the
42 total estimated annual costs of allowable activities. Any
43 unexpended balances shall be carried forward to future years for
44 allowable activities or shall be refunded at the discretion of
45 the local government. The basis for a fee structure for
46 allowable activities shall relate to the level of service
47 provided by the local government and shall include consideration
48 for refunding fees due to reduced services based on services
49 provided as prescribed by s. 553.791, but not provided by the
50 local government. Fees charged shall be consistently applied.
(a) As used in this subsection, the phrase “enforcing the
52 Florida Building Code” includes the direct costs and reasonable
53 indirect costs associated with review of building plans,
54 building inspections, reinspections, and building permit
55 processing; building code enforcement; and fire inspections
56 associated with new construction. The phrase may also include
57 training costs associated with the enforcement of the Florida
58 Building Code and enforcement action pertaining to unlicensed
59 contractor activity to the extent not funded by other user fees.
60 2. (b) The following activities may not be funded with fees
61 adopted for enforcing the Florida Building Code:
62 a. 1. Planning and zoning or other general government
64 b. 2. Inspections of public buildings for a reduced fee or
65 no fee.
66 c. 3. Public information requests, community functions,
67 boards, and any program not directly related to enforcement of
68 the Florida Building Code.
69 d. 4. Enforcement and implementation of any other local
70 ordinance, excluding validly adopted local amendments to the
71 Florida Building Code and excluding any local ordinance directly
72 related to enforcing the Florida Building Code as defined in
73 subparagraph 1 paragraph (a).
74 3. (c) A local government shall use recognized management,
75 accounting, and oversight practices to ensure that fees, fines,
76 and investment earnings generated under this subsection are
77 maintained and allocated or used solely for the purposes
78 described in subparagraph 1 paragraph (a).
79 4. (d) The local enforcement agency, independent district,
80 or special district may not require at any time, including at
81 the time of application for a permit, the payment of any
82 additional fees, charges, or expenses associated with:
83 a. 1. Providing proof of licensure pursuant to chapter 489;
84 b. 2. Recording or filing a license issued pursuant to this
85 chapter; or
86 c. 3. Providing, recording, or filing evidence of workers’
87 compensation insurance coverage as required by chapter 440.
88 (b) Before making any adjustment to a fee schedule, the
89 governing body of a local government shall publish a building
90 permit and inspection report and post it on the local
91 government’s website. The report must be updated annually on
92 such website and be easily accessible to the public. The report
93 must include:
94 1. Direct and indirect costs incurred by the local
95 government to implement the Florida Building Code, including
96 costs related to the review of:
97 a. Building plans.
98 b. Building inspections.
99 c. Building reinspections.
100 d. Building permit processing.
101 e. Building code enforcement.
102 f. Building fire inspections.
103 2. Number of building permits requested.
104 3. Number of building permits issued.
105 4. Number of building inspections and reinspections
107 5. Number of personnel employed by the local government to
108 implement the Florida Building Code, issue building permits, and
109 conduct inspections.
110 6. Salary and related employee benefit costs incurred by
111 the local government to implement the Florida Building Code,
112 issue building permits, and conduct inspections.
113 7. Revenue derived from fees pursuant to this subsection.
114 8. Revenue derived from fines pursuant to this subsection.
115 9. Investment earnings derived from the local government’s
116 investment of revenue derived from fees and fines pursuant to
117 this subsection.
118 10. Balances carried forward by the local government
119 pursuant to this subsection.
120 11. Balances refunded by the local government pursuant to
121 this subsection.
122 Section 3. This act shall take effect July 1, 2018.