Florida Senate - 2019                                     SB 142
       By Senator Perry
       8-00470-19                                             2019142__
    1                        A bill to be entitled                      
    2         An act relating to permit fees; amending ss. 125.56
    3         and 166.222, F.S.; requiring the governing bodies of
    4         counties and municipalities to post their permit and
    5         inspection fee schedules and building permit and
    6         inspection utilization reports on their websites;
    7         amending s. 553.80, F.S.; requiring certain governing
    8         bodies of local governments to post their building
    9         permit and inspection utilization reports on their
   10         websites by a specified date; providing reporting
   11         requirements; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Paragraph (c) is added to subsection (4) of
   16  section 125.56, Florida Statutes, to read:
   17         125.56 Enforcement and amendment of the Florida Building
   18  Code and the Florida Fire Prevention Code; inspection fees;
   19  inspectors; etc.—
   20         (4)
   21         (c) The governing body of a county authorized under this
   22  section or s. 553.80 to issue fees shall post its permit and
   23  inspection fee schedules and its building permit and inspection
   24  utilization report required under s. 553.80(7) on its website.
   25         Section 2. Section 166.222, Florida Statutes, is amended to
   26  read:
   27         166.222 Building code inspection fees.—
   28         (1) The governing body of a municipality may provide a
   29  schedule of reasonable inspection fees in order to defer the
   30  costs of inspection and enforcement of the provisions of its
   31  building code.
   32         (2) The governing body of a municipality authorized under
   33  s. 553.80 to issue fees shall post its permit and inspection fee
   34  schedules and its building permit and inspection utilization
   35  report required under s. 553.80(7) on its website.
   36         Section 3. Subsection (7) of section 553.80, Florida
   37  Statutes, is amended to read:
   38         553.80 Enforcement.—
   39         (7)(a) The governing bodies of local governments may
   40  provide a schedule of reasonable fees, as authorized by s.
   41  125.56(2) or s. 166.222 and this section, for enforcing this
   42  part. These fees, and any fines or investment earnings related
   43  to the fees, shall be used solely for carrying out the local
   44  government’s responsibilities in enforcing the Florida Building
   45  Code. When providing a schedule of reasonable fees, the total
   46  estimated annual revenue derived from fees, and the fines and
   47  investment earnings related to the fees, may not exceed the
   48  total estimated annual costs of allowable activities. Any
   49  unexpended balances shall be carried forward to future years for
   50  allowable activities or shall be refunded at the discretion of
   51  the local government. The basis for a fee structure for
   52  allowable activities shall relate to the level of service
   53  provided by the local government and shall include consideration
   54  for refunding fees due to reduced services based on services
   55  provided as prescribed by s. 553.791, but not provided by the
   56  local government. Fees charged shall be consistently applied.
   57         1.(a) As used in this subsection, the phrase “enforcing the
   58  Florida Building Code” includes the direct costs and reasonable
   59  indirect costs associated with review of building plans,
   60  building inspections, reinspections, and building permit
   61  processing; building code enforcement; and fire inspections
   62  associated with new construction. The phrase may also include
   63  training costs associated with the enforcement of the Florida
   64  Building Code and enforcement action pertaining to unlicensed
   65  contractor activity to the extent not funded by other user fees.
   66         2.(b) The following activities may not be funded with fees
   67  adopted for enforcing the Florida Building Code:
   68         a.1. Planning and zoning or other general government
   69  activities.
   70         b.2. Inspections of public buildings for a reduced fee or
   71  no fee.
   72         c.3. Public information requests, community functions,
   73  boards, and any program not directly related to enforcement of
   74  the Florida Building Code.
   75         d.4. Enforcement and implementation of any other local
   76  ordinance, excluding validly adopted local amendments to the
   77  Florida Building Code and excluding any local ordinance directly
   78  related to enforcing the Florida Building Code as defined in
   79  subparagraph 1 paragraph (a).
   80         3.(c) A local government shall use recognized management,
   81  accounting, and oversight practices to ensure that fees, fines,
   82  and investment earnings generated under this subsection are
   83  maintained and allocated or used solely for the purposes
   84  described in subparagraph 1 paragraph (a).
   85         4.(d) The local enforcement agency, independent district,
   86  or special district may not require at any time, including at
   87  the time of application for a permit, the payment of any
   88  additional fees, charges, or expenses associated with:
   89         a.1. Providing proof of licensure pursuant to chapter 489;
   90         b.2. Recording or filing a license issued pursuant to this
   91  chapter; or
   92         c.3. Providing, recording, or filing evidence of workers’
   93  compensation insurance coverage as required by chapter 440.
   94         (b) By December 31, 2020, the governing body of a local
   95  government that provides a schedule of fees shall post its
   96  building permit and inspection utilization report on its
   97  website. The report shall be based on the information available
   98  in the most recently completed financial audit. After December
   99  31, 2020, the governing body of a local government that provides
  100  a schedule of fees shall update its building permit and
  101  inspection utilization report on its website prior to making any
  102  adjustments to the fee schedule. The report shall include:
  103         1. Direct and indirect costs incurred by the local
  104  government to enforce the Florida Building Code, including costs
  105  related to:
  106         a. The review of building plans.
  107         b. Building inspections.
  108         c. Building reinspections.
  109         d. Building permit processing.
  110         e. Building code enforcement.
  111         2. Number of building permits requested.
  112         3. Number of building permits issued.
  113         4. Number of building inspections and reinspections
  114  conducted.
  115         5. Number of personnel employed by the local government to
  116  enforce the Florida Building Code, issue building permits, and
  117  conduct inspections.
  118         6. Salary and related employee benefit costs incurred by
  119  the local government to enforce the Florida Building Code, issue
  120  building permits, and conduct inspections.
  121         7. Revenue derived from fees pursuant to paragraph (a).
  122         8. Revenue derived from fines pursuant to paragraph (a).
  123         9. When applicable, investment earnings derived from the
  124  local government’s investment of revenue derived from fees and
  125  fines pursuant to paragraph (a).
  126         10. Balances carried forward by the local government
  127  pursuant to paragraph (a).
  128         11. Balances refunded by the local government pursuant to
  129  paragraph (a).
  130         Section 4. This act shall take effect July 1, 2019.