Florida Senate - 2019                                    SB 1512
       By Senator Diaz
       36-01760-19                                           20191512__
    1                        A bill to be entitled                      
    2         An act relating to fees for enforcing the Florida
    3         Building Code; amending s. 553.80, F.S.; revising the
    4         definition of the phrase “enforcing the Florida
    5         Building Code” to include certain costs; revising
    6         specified activities that, unless otherwise provided
    7         by law, may not be funded with fees adopted for
    8         enforcing the code; providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Subsection (7) of section 553.80, Florida
   13  Statutes, is amended to read:
   14         553.80 Enforcement.—
   15         (7) The governing bodies of local governments may provide a
   16  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
   17  166.222 and this section, for enforcing this part. These fees,
   18  and any fines or investment earnings related to the fees, must
   19  shall be used solely for carrying out the local government’s
   20  responsibilities in enforcing the Florida Building Code. When
   21  providing a schedule of reasonable fees, the total estimated
   22  annual revenue derived from fees, and the fines and investment
   23  earnings related to the fees, may not exceed the total estimated
   24  annual costs of allowable activities. Any unexpended balances
   25  must shall be carried forward to future years for allowable
   26  activities or shall be refunded, at the discretion of the local
   27  government. The basis for a fee structure for allowable
   28  activities must shall relate to the level of service provided by
   29  the local government and must shall include consideration for
   30  refunding fees due to reduced services, based on services
   31  provided as prescribed by s. 553.791, but not provided by the
   32  local government. Fees charged must shall be consistently
   33  applied.
   34         (a) As used in this subsection, the phrase “enforcing the
   35  Florida Building Code” includes the direct costs and reasonable
   36  indirect costs associated with review of building plans,
   37  building inspections, reinspections, and building permit
   38  processing, including costs for production of and maintaining
   39  records; building code enforcement; and fire inspections
   40  associated with new construction. The phrase may also include
   41  training costs associated with the enforcement of the Florida
   42  Building Code, and enforcement action pertaining to unlicensed
   43  contractor activity, and costs associated with the
   44  implementation and enforcement of local ordinances related or
   45  complimentary to the implementation and enforcement of the
   46  Florida Building Code, to the extent not funded by other user
   47  fees.
   48         (b) Unless otherwise provided by law, the following
   49  activities may not be funded with fees adopted for enforcing the
   50  Florida Building Code:
   51         1. Planning and zoning or other general government
   52  activities.
   53         2. Inspections of public buildings for a reduced fee or no
   54  fee.
   55         3. Public information requests, community functions,
   56  boards, and any program not directly related to enforcement of
   57  the Florida Building Code.
   58         4. Enforcement and implementation of any other local
   59  ordinance, excluding validly adopted local amendments to the
   60  Florida Building Code and excluding any local ordinance directly
   61  related to enforcing the Florida Building Code as defined in
   62  paragraph (a).
   63         (c) A local government shall use recognized management,
   64  accounting, and oversight practices to ensure that fees, fines,
   65  and investment earnings generated under this subsection are
   66  maintained and allocated or used solely for the purposes
   67  described in paragraph (a).
   68         (d) The local enforcement agency, independent district, or
   69  special district may not require at any time, including at the
   70  time of application for a permit, the payment of any additional
   71  fees, charges, or expenses associated with:
   72         1. Providing proof of licensure pursuant to chapter 489;
   73         2. Recording or filing a license issued pursuant to this
   74  chapter; or
   75         3. Providing, recording, or filing evidence of workers’
   76  compensation insurance coverage as required by chapter 440.
   77         Section 2. This act shall take effect July 1, 2019.