Florida Senate - 2018                                    SB 1144
       By Senator Perry
       8-00665A-18                                           20181144__
    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
   15         date.
   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.—
   24         (4)
   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.
   29  553.80(7).
   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.
   51         1.(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
   63  activities.
   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
  106  conducted.
  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.