Florida Senate - 2019                              CS for SB 142
       By the Committee on Innovation, Industry, and Technology; and
       Senators Perry and Brandes
       580-02755-19                                           2019142c1
    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 create a building
    9         permit and inspection utilization report containing
   10         certain information and to post such report on their
   11         websites by a specified date; providing reporting
   12         requirements; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Paragraph (c) is added to subsection (4) of
   17  section 125.56, Florida Statutes, to read:
   18         125.56 Enforcement and amendment of the Florida Building
   19  Code and the Florida Fire Prevention Code; inspection fees;
   20  inspectors; etc.—
   21         (4)
   22         (c) The governing body of a county authorized under this
   23  section or s. 553.80 to issue fees shall post its permit and
   24  inspection fee schedules and its building permit and inspection
   25  utilization report required under s. 553.80(7) on its website.
   26         Section 2. Section 166.222, Florida Statutes, is amended to
   27  read:
   28         166.222 Building code inspection fees.—
   29         (1) The governing body of a municipality may provide a
   30  schedule of reasonable inspection fees in order to defer the
   31  costs of inspection and enforcement of the provisions of its
   32  building code.
   33         (2) The governing body of a municipality authorized under
   34  s. 553.80 to issue fees shall post its permit and inspection fee
   35  schedules and its building permit and inspection utilization
   36  report required under s. 553.80(7) on its website.
   37         Section 3. Subsection (7) of section 553.80, Florida
   38  Statutes, is amended to read:
   39         553.80 Enforcement.—
   40         (7)(a) The governing bodies of local governments may
   41  provide a schedule of reasonable fees, as authorized by s.
   42  125.56(2) or s. 166.222 and this section, for enforcing this
   43  part. These fees, and any fines or investment earnings related
   44  to the fees, shall be used solely for carrying out the local
   45  government’s responsibilities in enforcing the Florida Building
   46  Code. When providing a schedule of reasonable fees, the total
   47  estimated annual revenue derived from fees, and the fines and
   48  investment earnings related to the fees, may not exceed the
   49  total estimated annual costs of allowable activities. Any
   50  unexpended balances shall be carried forward to future years for
   51  allowable activities or shall be refunded at the discretion of
   52  the local government. The basis for a fee structure for
   53  allowable activities shall relate to the level of service
   54  provided by the local government and shall include consideration
   55  for refunding fees due to reduced services based on services
   56  provided as prescribed by s. 553.791, but not provided by the
   57  local government. Fees charged shall be consistently applied.
   58         1.(a) As used in this subsection, the phrase “enforcing the
   59  Florida Building Code” includes the direct costs and reasonable
   60  indirect costs associated with review of building plans,
   61  building inspections, reinspections, and building permit
   62  processing; building code enforcement; and fire inspections
   63  associated with new construction. The phrase may also include
   64  training costs associated with the enforcement of the Florida
   65  Building Code and enforcement action pertaining to unlicensed
   66  contractor activity to the extent not funded by other user fees.
   67         2.(b) The following activities may not be funded with fees
   68  adopted for enforcing the Florida Building Code:
   69         a.1. Planning and zoning or other general government
   70  activities.
   71         b.2. Inspections of public buildings for a reduced fee or
   72  no fee.
   73         c.3. Public information requests, community functions,
   74  boards, and any program not directly related to enforcement of
   75  the Florida Building Code.
   76         d.4. Enforcement and implementation of any other local
   77  ordinance, excluding validly adopted local amendments to the
   78  Florida Building Code and excluding any local ordinance directly
   79  related to enforcing the Florida Building Code as defined in
   80  subparagraph 1 paragraph (a).
   81         3.(c) A local government shall use recognized management,
   82  accounting, and oversight practices to ensure that fees, fines,
   83  and investment earnings generated under this subsection are
   84  maintained and allocated or used solely for the purposes
   85  described in subparagraph 1 paragraph (a).
   86         4.(d) The local enforcement agency, independent district,
   87  or special district may not require at any time, including at
   88  the time of application for a permit, the payment of any
   89  additional fees, charges, or expenses associated with:
   90         a.1. Providing proof of licensure pursuant to chapter 489;
   91         b.2. Recording or filing a license issued pursuant to this
   92  chapter; or
   93         c.3. Providing, recording, or filing evidence of workers’
   94  compensation insurance coverage as required by chapter 440.
   95         (b)By December 31, 2020, the governing body of a local
   96  government that provides a schedule of fees shall create a
   97  building permit and inspection utilization report and post the
   98  report on its website. The information in the report shall be
   99  derived from relevant information available in the most recently
  100  completed financial audit. After December 31, 2020, the
  101  governing body of a local government that provides a schedule of
  102  fees shall update its building permit and inspection utilization
  103  report before making any adjustments to the fee schedule. The
  104  report shall include:
  105         1.Direct and indirect costs incurred by the local
  106  government to enforce the Florida Building Code, including costs
  107  related to:
  108         a.Personnel services costs, including salary and related
  109  employee benefit costs incurred by the local government to
  110  enforce the Florida Building Code.
  111         b.Operating expenditures and expenses.
  112         2.Permit and inspection utilization information,
  113  including:
  114         a.Number of building permit applications submitted.
  115         b.Number of building permits issued or approved.
  116         c.Number of building inspections and reinspections
  117  requested.
  118         d.Number of building inspections and reinspections
  119  conducted.
  120         e.Number of building inspections conducted by a private
  121  provider.
  122         f.Number of building audits conducted by the local
  123  government of the building inspection conducted by a private
  124  provider.
  125         g.Number of positions dedicated by the local government to
  126  enforce the Florida Building Code, issue building permits, and
  127  conduct inspections.
  128         h.Other permissible activities for enforcing the Florida
  129  Building Code as described in subparagraph (a)1.
  130         3.Revenue information, including:
  131         a.Revenue derived from fees pursuant to paragraph (a).
  132         b.Revenue derived from fines pursuant to paragraph (a).
  133         c.When applicable, investment earnings from the local
  134  government’s investment of revenue derived from fees and fines
  135  pursuant to paragraph (a).
  136         d.Balances carried forward by the local government
  137  pursuant to paragraph (a).
  138         e.Balances refunded by the local government pursuant to
  139  paragraph (a).
  140         f.Other revenue sources, including local government
  141  general revenue.
  142         Section 4. This act shall take effect July 1, 2019.