Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1144
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/05/2018           .                                

       Appropriations Subcommittee on Finance and Tax (Perry)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) is added to subsection (4) of
    6  section 125.56, Florida Statutes, to read:
    7         125.56 Enforcement and amendment of the Florida Building
    8  Code and the Florida Fire Prevention Code; inspection fees;
    9  inspectors; etc.—
   10         (4)
   11         (c) The governing body of a county authorized under this
   12  section or s. 553.80 to issue fees shall post its permit and
   13  inspection fee schedules and its building permit and inspection
   14  utilization report required under s. 553.80(7) on its website.
   15         Section 2. Section 166.222, Florida Statutes, is amended to
   16  read:
   17         166.222 Building code inspection fees.—
   18         (1) The governing body of a municipality may provide a
   19  schedule of reasonable inspection fees in order to defer the
   20  costs of inspection and enforcement of the provisions of its
   21  building code.
   22         (2) The governing body of a municipality authorized under
   23  s. 553.80 to issue fees shall post its permit and inspection fee
   24  schedules and its building permit and inspection utilization
   25  report required under s. 553.80(7) on its website.
   26         Section 3. Subsection (7) of section 553.80, Florida
   27  Statutes, is amended to read:
   28         553.80 Enforcement.—
   29         (7)(a) The governing bodies of local governments may
   30  provide a schedule of reasonable fees, as authorized by s.
   31  125.56(2) or s. 166.222 and this section, for enforcing this
   32  part. These fees, and any fines or investment earnings related
   33  to the fees, shall be used solely for carrying out the local
   34  government’s responsibilities in enforcing the Florida Building
   35  Code. When providing a schedule of reasonable fees, the total
   36  estimated annual revenue derived from fees, and the fines and
   37  investment earnings related to the fees, may not exceed the
   38  total estimated annual costs of allowable activities. Any
   39  unexpended balances shall be carried forward to future years for
   40  allowable activities or shall be refunded at the discretion of
   41  the local government. The basis for a fee structure for
   42  allowable activities shall relate to the level of service
   43  provided by the local government and shall include consideration
   44  for refunding fees due to reduced services based on services
   45  provided as prescribed by s. 553.791, but not provided by the
   46  local government. Fees charged shall be consistently applied.
   47         1.(a) As used in this subsection, the phrase “enforcing the
   48  Florida Building Code” includes the direct costs and reasonable
   49  indirect costs associated with review of building plans,
   50  building inspections, reinspections, and building permit
   51  processing; building code enforcement; and fire inspections
   52  associated with new construction. The phrase may also include
   53  training costs associated with the enforcement of the Florida
   54  Building Code and enforcement action pertaining to unlicensed
   55  contractor activity to the extent not funded by other user fees.
   56         2.(b) The following activities may not be funded with fees
   57  adopted for enforcing the Florida Building Code:
   58         a.1. Planning and zoning or other general government
   59  activities.
   60         b.2. Inspections of public buildings for a reduced fee or
   61  no fee.
   62         c.3. Public information requests, community functions,
   63  boards, and any program not directly related to enforcement of
   64  the Florida Building Code.
   65         d.4. Enforcement and implementation of any other local
   66  ordinance, excluding validly adopted local amendments to the
   67  Florida Building Code and excluding any local ordinance directly
   68  related to enforcing the Florida Building Code as defined in
   69  subparagraph 1 paragraph (a).
   70         3.(c) A local government shall use recognized management,
   71  accounting, and oversight practices to ensure that fees, fines,
   72  and investment earnings generated under this subsection are
   73  maintained and allocated or used solely for the purposes
   74  described in subparagraph 1 paragraph (a).
   75         4.(d) The local enforcement agency, independent district,
   76  or special district may not require at any time, including at
   77  the time of application for a permit, the payment of any
   78  additional fees, charges, or expenses associated with:
   79         a.1. Providing proof of licensure pursuant to chapter 489;
   80         b.2. Recording or filing a license issued pursuant to this
   81  chapter; or
   82         c.3. Providing, recording, or filing evidence of workers’
   83  compensation insurance coverage as required by chapter 440.
   84         (b) By December 31, 2019, the governing body of a local
   85  government that provides a schedule of fees shall post its
   86  building permit and inspection utilization report on its
   87  website. The report shall be based on the information available
   88  in the most recently completed financial audit. After December
   89  31, 2019, the governing body of a local government that provides
   90  a schedule of fees shall update its building permit and
   91  inspection utilization report on its website prior to making any
   92  adjustments to the fee schedule. The report shall include:
   93         1. Direct and indirect costs incurred by the local
   94  government to enforce the Florida Building Code, including costs
   95  related to:
   96         a. The review of building plans.
   97         b. Building inspections.
   98         c. Building reinspections.
   99         d. Building permit processing.
  100         e. Building code enforcement.
  101         2. Number of building permits requested.
  102         3. Number of building permits issued.
  103         4. Number of building inspections and reinspections
  104  conducted.
  105         5. Number of personnel employed by the local government to
  106  enforce the Florida Building Code, issue building permits, and
  107  conduct inspections.
  108         6. Salary and related employee benefit costs incurred by
  109  the local government to enforce the Florida Building Code, issue
  110  building permits, and conduct inspections.
  111         7. Revenue derived from fees pursuant to paragraph (a).
  112         8. Revenue derived from fines pursuant to paragraph (a).
  113         9. When applicable, investment earnings derived from the
  114  local government’s investment of revenue derived from fees and
  115  fines pursuant to paragraph (a).
  116         10. Balances carried forward by the local government
  117  pursuant to paragraph (a).
  118         11. Balances refunded by the local government pursuant to
  119  paragraph (a).
  120         Section 4. This act shall take effect July 1, 2018.
  122  ================= T I T L E  A M E N D M E N T ================
  123  And the title is amended as follows:
  124         Delete everything before the enacting clause
  125  and insert:
  126                        A bill to be entitled                      
  127         An act relating to permit fees; amending ss. 125.56
  128         and 166.222, F.S.; requiring the governing bodies of
  129         counties and municipalities to post their permit and
  130         inspection fee schedules and building permit and
  131         inspection utilization reports on their websites;
  132         amending s. 553.80, F.S.; requiring certain governing
  133         bodies of local governments to post their building
  134         permit and inspection utilization reports on their
  135         websites by a specified date; providing reporting
  136         requirements; providing an effective date.