Florida Senate - 2019                             CS for SB 1036
       
       
        
       By the Committee on Community Affairs; and Senator Gruters
       
       
       
       
       
       578-04063-19                                          20191036c1
    1                        A bill to be entitled                      
    2         An act relating to Florida Building Code enforcement;
    3         amending s. 553.80, F.S.; prohibiting a local
    4         government from carrying forward more than a specified
    5         amount of unexpended revenue; defining the term
    6         “operating budget”; providing an exception; revising
    7         requirements for the expenditure of certain unexpended
    8         revenue; expanding the list of activities that are
    9         prohibited from being funded by fees adopted for
   10         enforcing the Florida Building Code; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (7) of section 553.80, Florida
   16  Statutes, is amended to read:
   17         553.80 Enforcement.—
   18         (7) The governing bodies of local governments may provide a
   19  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
   20  166.222 and this section, for enforcing this part. These fees,
   21  and any fines or investment earnings related to the fees, shall
   22  be used solely for carrying out the local government’s
   23  responsibilities in enforcing the Florida Building Code. When
   24  providing a schedule of reasonable fees, the total estimated
   25  annual revenue derived from fees, and the fines and investment
   26  earnings related to the fees, may not exceed the total estimated
   27  annual costs of allowable activities. Any unexpended balances
   28  shall be carried forward to future years for allowable
   29  activities or shall be refunded at the discretion of the local
   30  government. A local government may not carry forward an amount
   31  exceeding the average of its operating budget for enforcing the
   32  Florida Building Code for the previous 4 fiscal years. For
   33  purposes of this subsection, the term “operating budget” does
   34  not include reserve amounts. Any amount exceeding this limit
   35  must be used as authorized in subparagraph (a)2. However, a
   36  local government which established, as of January 1, 2019, a
   37  Building Inspections Fund Advisory Board consisting of five
   38  members from the construction stakeholder community and carries
   39  an unexpended balance in excess of the average of its operating
   40  budget for the previous 4 fiscal years may continue to carry
   41  such excess funds forward upon the recommendation of the
   42  advisory board. The basis for a fee structure for allowable
   43  activities shall relate to the level of service provided by the
   44  local government and shall include consideration for refunding
   45  fees due to reduced services based on services provided as
   46  prescribed by s. 553.791, but not provided by the local
   47  government. Fees charged shall be consistently applied.
   48         (a)1. As used in this subsection, the phrase “enforcing the
   49  Florida Building Code” includes the direct costs and reasonable
   50  indirect costs associated with review of building plans,
   51  building inspections, reinspections, and building permit
   52  processing; building code enforcement; and fire inspections
   53  associated with new construction. The phrase may also include
   54  training costs associated with the enforcement of the Florida
   55  Building Code and enforcement action pertaining to unlicensed
   56  contractor activity to the extent not funded by other user fees.
   57         2. A local government must use any excess funds that it is
   58  prohibited from carrying forward to rebate and reduce fees.
   59         (b) The following activities may not be funded with fees
   60  adopted for enforcing the Florida Building Code:
   61         1. Planning and zoning or other general government
   62  activities.
   63         2. Inspections of public buildings for a reduced fee or no
   64  fee.
   65         3. Public information requests, community functions,
   66  boards, and any program not directly related to enforcement of
   67  the Florida Building Code.
   68         4. Enforcement and implementation of any other local
   69  ordinance, excluding validly adopted local amendments to the
   70  Florida Building Code and excluding any local ordinance directly
   71  related to enforcing the Florida Building Code as defined in
   72  paragraph (a).
   73         5. Charging surcharges or other similar fees not directly
   74  related to enforcing the Florida Building Code.
   75         (c) A local government shall use recognized management,
   76  accounting, and oversight practices to ensure that fees, fines,
   77  and investment earnings generated under this subsection are
   78  maintained and allocated or used solely for the purposes
   79  described in paragraph (a).
   80         (d) The local enforcement agency, independent district, or
   81  special district may not require at any time, including at the
   82  time of application for a permit, the payment of any additional
   83  fees, charges, or expenses associated with:
   84         1. Providing proof of licensure pursuant to chapter 489;
   85         2. Recording or filing a license issued pursuant to this
   86  chapter; or
   87         3. Providing, recording, or filing evidence of workers’
   88  compensation insurance coverage as required by chapter 440.
   89         Section 2. This act shall take effect July 1, 2019.