Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1146
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Rules (Brodeur) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 930 and 931
    4  insert:
    5         Section 7. Paragraph (a) of subsection (7) of section
    6  553.80, Florida Statutes, is amended to read:
    7         553.80 Enforcement.—
    8         (7)(a) The governing bodies of local governments may
    9  provide a schedule of reasonable fees, as authorized by s.
   10  125.56(2) or s. 166.222 and this section, for enforcing this
   11  part. These fees, and any fines or investment earnings related
   12  to the fees, shall be used solely for carrying out the local
   13  government’s responsibilities in enforcing the Florida Building
   14  Code. When providing a schedule of reasonable fees, the total
   15  estimated annual revenue derived from fees, and the fines and
   16  investment earnings related to the fees, may not exceed the
   17  total estimated annual costs of allowable activities. Any
   18  unexpended balances shall be carried forward to future years for
   19  allowable activities or shall be refunded at the discretion of
   20  the local government. A local government may not carry forward
   21  an amount exceeding the average of its operating budget for
   22  enforcing the Florida Building Code for the previous 4 fiscal
   23  years. For purposes of this subsection, the term “operating
   24  budget” does not include reserve amounts. Any amount exceeding
   25  this limit must be used as authorized in subparagraph 2.
   26  However, a local government which established, as of January 1,
   27  2019, a Building Inspections Fund Advisory Board consisting of
   28  five members from the construction stakeholder community and
   29  carries an unexpended balance in excess of the average of its
   30  operating budget for the previous 4 fiscal years may continue to
   31  carry such excess funds forward upon the recommendation of the
   32  advisory board. The basis for a fee structure for allowable
   33  activities shall relate to the level of service provided by the
   34  local government and shall include consideration for refunding
   35  fees due to reduced services based on services provided as
   36  prescribed by s. 553.791, but not provided by the local
   37  government. Fees charged shall be consistently applied.
   38         1. As used in this subsection, the phrase “enforcing the
   39  Florida Building Code” includes the direct costs and reasonable
   40  indirect costs associated with review of building plans,
   41  building inspections, reinspections, and building permit
   42  processing; building code enforcement; and fire inspections
   43  associated with new construction. The phrase may also include
   44  training costs associated with the enforcement of the Florida
   45  Building Code and enforcement action pertaining to unlicensed
   46  contractor activity to the extent not funded by other user fees.
   47         2. A local government must use any excess funds that it is
   48  prohibited from carrying forward to rebate and reduce fees, or
   49  pay for the construction of a building or structure that houses
   50  a local government’s building code enforcement agency or
   51  provides training programs for building officials, inspectors,
   52  or plans examiners associated with the enforcement of the
   53  Florida Building Code. Excess funds used to construct such a
   54  building or structure must be designated for such purpose by the
   55  local government and may not be carried forward for more than 4
   56  consecutive years.
   57         3. The following activities may not be funded with fees
   58  adopted for enforcing the Florida Building Code:
   59         a. Planning and zoning or other general government
   60  activities.
   61         b. Inspections of public buildings for a reduced fee or no
   62  fee.
   63         c. Public information requests, community functions,
   64  boards, and any program not directly related to enforcement of
   65  the Florida Building Code.
   66         d. Enforcement and implementation of any other local
   67  ordinance, excluding validly adopted local amendments to the
   68  Florida Building Code and excluding any local ordinance directly
   69  related to enforcing the Florida Building Code as defined in
   70  subparagraph 1.
   71         4. A local government shall use recognized management,
   72  accounting, and oversight practices to ensure that fees, fines,
   73  and investment earnings generated under this subsection are
   74  maintained and allocated or used solely for the purposes
   75  described in subparagraph 1.
   76         5. The local enforcement agency, independent district, or
   77  special district may not require at any time, including at the
   78  time of application for a permit, the payment of any additional
   79  fees, charges, or expenses associated with:
   80         a. Providing proof of licensure pursuant to chapter 489;
   81         b. Recording or filing a license issued pursuant to this
   82  chapter;
   83         c. Providing, recording, or filing evidence of workers’
   84  compensation insurance coverage as required by chapter 440; or
   85         d. Charging surcharges or other similar fees not directly
   86  related to enforcing the Florida Building Code.
   88  ================= T I T L E  A M E N D M E N T ================
   89  And the title is amended as follows:
   90         Between lines 81 and 82
   91  insert:
   92         amending s. 553.80, F.S.; revising requirements for
   93         the expenditure of certain unexpended revenue relating
   94         to enforcing the Florida Building Code;