Florida Senate - 2023                                    SB 1682
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01901A-23                                          20231682__
    1                        A bill to be entitled                      
    2         An act relating to fees for the enforcement of the
    3         Florida Building Code; providing a short title;
    4         amending s. 553.80, F.S.; revising the definition of
    5         the term “operating budget”; authorizing local
    6         governments to carry forward a certain percentage of
    7         unexpended funds under certain circumstances;
    8         providing that such funds may be used for purposes
    9         other than the construction of buildings or
   10         structures; conforming provisions to changes made by
   11         the act; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. This act may be cited as the “Low Property Tax
   16  Incentive Program.”
   17         Section 2. Paragraph (a) of subsection (7) of section
   18  553.80, Florida Statutes, is amended to read:
   19         553.80 Enforcement.—
   20         (7)(a) The governing bodies of local governments may
   21  provide a schedule of reasonable fees, as authorized by s.
   22  125.56(2) or s. 166.222 and this section, for enforcing this
   23  part. These fees, and any fines or investment earnings related
   24  to the fees, shall be used solely for carrying out the local
   25  government’s responsibilities in enforcing the Florida Building
   26  Code. When providing a schedule of reasonable fees, the total
   27  estimated annual revenue derived from fees, and the fines and
   28  investment earnings related to the fees, may not exceed the
   29  total estimated annual costs of allowable activities. Any
   30  unexpended balances must be carried forward to future years for
   31  allowable activities or must be refunded at the discretion of
   32  the local government. Except as provided in subparagraph 3., a
   33  local government may not carry forward an amount exceeding the
   34  average of its operating budget for enforcing the Florida
   35  Building Code for the previous 4 fiscal years. For purposes of
   36  this paragraph subsection, the term “operating budget” does not
   37  include reserve amounts or any fees paid by a local government
   38  for its own building construction. Any amount exceeding this
   39  limit must be used as authorized in subparagraph 2. However, a
   40  local government that established, as of January 1, 2019, a
   41  Building Inspections Fund Advisory Board consisting of five
   42  members from the construction stakeholder community and carries
   43  an unexpended balance in excess of the average of its operating
   44  budget for the previous 4 fiscal years may continue to carry
   45  such excess funds forward upon the recommendation of the
   46  advisory board. The basis for a fee structure for allowable
   47  activities must relate to the level of service provided by the
   48  local government and must include consideration for refunding
   49  fees due to reduced services based on services provided as
   50  prescribed by s. 553.791, but not provided by the local
   51  government. Fees charged must be consistently applied.
   52         1. As used in this subsection, the phrase “enforcing the
   53  Florida Building Code” includes the direct costs and reasonable
   54  indirect costs associated with review of building plans,
   55  building inspections, reinspections, and building permit
   56  processing; building code enforcement; and fire inspections
   57  associated with new construction. The phrase may also include
   58  training costs associated with the enforcement of the Florida
   59  Building Code and enforcement action pertaining to unlicensed
   60  contractor activity to the extent not funded by other user fees.
   61         2. Except as provided in subparagraph 3., a local
   62  government must use any excess funds that it is prohibited from
   63  carrying forward to rebate and reduce fees, or to pay for the
   64  construction of a building or structure that houses a local
   65  government’s building code enforcement agency or the training
   66  programs for building officials, inspectors, or plans examiners
   67  associated with the enforcement of the Florida Building Code.
   68  Excess funds used to construct such a building or structure must
   69  be designated for such purpose by the local government and may
   70  not be carried forward for more than 4 consecutive years. An
   71  owner or builder who has a valid building permit issued by a
   72  local government for a fee, or an association of owners or
   73  builders located in the state that has members with valid
   74  building permits issued by a local government for a fee, may
   75  bring a civil action against the local government that issued
   76  the permit for a fee to enforce this subparagraph.
   77         3.a.A local government that established, as of January 1,
   78  2019, a Building Inspections Fund Advisory Board consisting of
   79  five members from the construction stakeholder community and
   80  carries an unexpended balance in excess of the average of its
   81  operating budget for the previous 4 fiscal years may continue to
   82  carry such excess funds forward upon the recommendation of the
   83  advisory board.
   84         b.A local government that carries an unexpended balance in
   85  excess of the average of its operating budget for the previous 4
   86  fiscal years may carry forward up to 20 percent of such excess
   87  funds if the local government has levied 7 mills or less of ad
   88  valorem taxes and the local government has decreased its
   89  building fees by at least 25 percent, cumulatively, over the
   90  preceding 5 years. A local government may use the excess funds
   91  that are carried over for purposes other than the construction
   92  of buildings or structures.
   93         4.3. The following activities may not be funded with fees
   94  adopted for enforcing the Florida Building Code:
   95         a. Planning and zoning or other general government
   96  activities.
   97         b. Inspections of public buildings for a reduced fee or no
   98  fee.
   99         c. Public information requests, community functions,
  100  boards, and any program not directly related to enforcement of
  101  the Florida Building Code.
  102         d. Enforcement and implementation of any other local
  103  ordinance, excluding validly adopted local amendments to the
  104  Florida Building Code and excluding any local ordinance directly
  105  related to enforcing the Florida Building Code as defined in
  106  subparagraph 1.
  107         5.4. A local government must use recognized management,
  108  accounting, and oversight practices to ensure that fees, fines,
  109  and investment earnings generated under this subsection are
  110  maintained and allocated or used solely for the purposes
  111  described in subparagraph 1.
  112         6.5. The local enforcement agency, independent district, or
  113  special district may not require at any time, including at the
  114  time of application for a permit, the payment of any additional
  115  fees, charges, or expenses associated with:
  116         a. Providing proof of licensure under chapter 489;
  117         b. Recording or filing a license issued under this chapter;
  118         c. Providing, recording, or filing evidence of workers’
  119  compensation insurance coverage as required by chapter 440; or
  120         d. Charging surcharges or other similar fees not directly
  121  related to enforcing the Florida Building Code.
  122         Section 3. This act shall take effect July 1, 2023.