Florida Senate - 2013 CS for CS for SB 802 By the Committees on Appropriations; and Regulated Industries; and Senator Hays 576-04658-13 2013802c2 1 A bill to be entitled 2 An act relating to the Department of Business and 3 Professional Regulation; amending s. 489.140, F.S.; 4 clarifying funding requirements for the Florida 5 Homeowners’ Construction Recovery Fund; amending s. 6 468.631, F.S.; authorizing the department to transfer 7 certain funds from the Florida Building Code 8 Administrators and Inspectors Board to the Florida 9 Homeowners’ Construction Recovery Fund; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 489.140, Florida Statutes, is amended to 15 read: 16 489.140 Florida Homeowners’ Construction Recovery Fund. 17 There is created the Florida Homeowners’ Construction Recovery 18 Fund as a separate account in the Professional Regulation Trust 19 Fund. The recovery fund shall be funded
out of the receipts20 deposited in the Professional Regulation Trust Fund from the21 one-half cent per square foot surcharge on building permits22 collected and disbursedpursuant to s. 468.631. 23 Section 2. Subsection (1) of section 468.631, Florida 24 Statutes, is amended to read: 25 468.631 Building Code Administrators and Inspectors Fund.— 26 (1) This part shall be funded through a surcharge, to be 27 assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of 28 1.5 percent of all permit fees associated with enforcement of 29 the Florida Building Code as defined by the uniform account 30 criteria and specifically the uniform account code for building 31 permits adopted for local government financial reporting 32 pursuant to s. 218.32. The minimum amount collected on any 33 permit issued shall be $2. The unit of government responsible 34 for collecting permit fees pursuant to s. 125.56 or s. 166.201 35 shall collect such surcharge and shall remit the funds to the 36 department on a quarterly calendar basis beginning not later 37 than December 31, 2010, for the preceding quarter, and 38 continuing each third month thereafter; and such unit of 39 government shall retain 10 percent of the surcharge collected to 40 fund the participation of building departments in the national 41 and state building code adoption processes and to provide 42 education related to enforcement of the Florida Building Code. 43 There is created within the Professional Regulation Trust Fund a 44 separate account to be known as the Building Code Administrators 45 and Inspectors Fund, which shall deposit and disburse funds as 46 necessary for the implementation of this part. The proceeds from 47 this surcharge shall be allocated equally to fund the Florida 48 Homeowners’ Construction Recovery Fund established by s. 489.140 49 and the functions of the Building Code Administrators and 50 Inspectors Board. The department may transfer excess cash to the 51 Florida Homeowners’ Construction Recovery Fund that it 52 determines is not required to fund the board from the board’s 53 account within the Professional Regulation Trust Fund. However, 54 the department may not transfer excess cash that would exceed 55 the amount appropriated in the General Appropriations Act, and 56 any amount approved by the Legislative Budget Commission 57 pursuant to s. 216.181, to be used for the payment of claims 58 from the Florida Homeowners’ Construction Recovery Fund. 59 Section 3. This act shall take effect October 1, 2013.