Florida Senate - 2025                CS for CS for CS for SB 712
       
       
        
       By the Committee on Rules; the Appropriations Committee on
       Agriculture, Environment, and General Government; the Committee
       on Community Affairs; and Senator Grall
       
       
       
       595-03794-25                                           2025712c3
    1                        A bill to be entitled                      
    2         An act relating to construction regulations; creating
    3         s. 125.572, F.S.; defining the term “synthetic turf”;
    4         requiring the Department of Environmental Protection
    5         to adopt minimum standards for the installation of
    6         synthetic turf on specified properties; requiring that
    7         the standards take into account specified factors;
    8         prohibiting local governments from adopting or
    9         enforcing any ordinance, resolution, order, rule, or
   10         policy that prohibits, or is enforced to prohibit,
   11         property owners from installing synthetic turf meeting
   12         certain standards on single-family residential
   13         property of a specified size; prohibiting local
   14         governments from adopting or enforcing specified
   15         ordinances, resolutions, orders, rules, or policies
   16         that regulate synthetic turf which are inconsistent
   17         with specified standards; requiring the Department of
   18         Environmental Protection to adopt rules; creating s.
   19         218.755, F.S.; requiring that, for certain contracts
   20         entered into on or after a specified date, local
   21         governmental entities approve or deny certain price
   22         quotes and provide notice to contractors within a
   23         specified timeframe; requiring denials to specify
   24         alleged deficiencies and actions necessary to remedy
   25         such deficiencies; providing that if a local
   26         governmental entity fails to provide the contractor
   27         with a certain notice, the change order and price
   28         quote are deemed approved and the local governmental
   29         entity must pay the contractor a certain amount upon
   30         completion of the change order; prohibiting contracts
   31         from altering specified duties of a local governmental
   32         entity; amending s. 255.0992, F.S.; prohibiting the
   33         state or political subdivisions that contract for
   34         public works projects from penalizing or rewarding
   35         bidders for performing larger or smaller volumes of
   36         construction work for the state or political
   37         subdivisions when scoring or evaluating certain bids;
   38         amending s. 399.035, F.S.; requiring that elevator car
   39         interiors have at least one support rail that meets
   40         certain specifications; amending s. 489.505, F.S.;
   41         revising the definition of the term “certified alarm
   42         system contractor”; amending s. 553.73, F.S.;
   43         providing an exemption from the Florida Building Code
   44         to systems or equipment located within a spaceport
   45         territory which is used for specified purposes;
   46         reenacting and amending s. 553.79, F.S.; prohibiting
   47         local governments from requiring copies of contracts
   48         and certain associated documents for the issuance of
   49         building permits or as a requirement for submitting
   50         building permit applications; amending s. 553.791,
   51         F.S.; revising definitions; revising the conditions
   52         under which specified contractors may elect to use a
   53         private provider to provide inspection services;
   54         authorizing private providers to use automated or
   55         software-based plans review systems designed to make
   56         certain determinations; requiring local building
   57         officials to issue permits within a specified
   58         timeframe if the permit application is related to
   59         certain single-trade plans reviews; authorizing
   60         certain inspections to be performed in person or
   61         virtually; reenacting s. 201.21(2), F.S., relating to
   62         an exemption from all excise taxes imposed by ch. 201,
   63         F.S., for specified notes and obligations when given
   64         by a customer to an alarm system contractor in
   65         connection with the sale of an alarm system, to
   66         incorporate the amendment made to s. 489.505, F.S., in
   67         a reference thereto; reenacting ss. 177.073(4)(a),
   68         468.621(1)(i) and (j), 471.033(1)(l), 481.225(1)(l),
   69         and 553.80(7)(a), F.S., relating to inspections
   70         performed for expedited approval of residential
   71         building permits before a final plat is recorded;
   72         disciplinary proceedings against building code
   73         administrators and inspectors for performing building
   74         code inspection services without satisfying specified
   75         insurance requirements; disciplinary proceedings
   76         against engineers for performing building code
   77         inspection services without satisfying specified
   78         insurance requirements; disciplinary proceedings
   79         against registered architects for performing building
   80         code inspection services without satisfying specified
   81         insurance requirements; and the refunding of certain
   82         fees due to specified reduced services provided by a
   83         local building official, respectively, to incorporate
   84         the amendment to s. 553.791, F.S., in references
   85         thereto; providing an effective date.
   86          
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. Section 125.572, Florida Statutes, is created to
   90  read:
   91         125.572 Regulation of synthetic turf.—
   92         (1)As used in this section, the term “synthetic turf”
   93  means a manufactured product that resembles natural grass and is
   94  used as a surface for landscaping and recreational areas.
   95         (2)The Department of Environmental Protection shall adopt
   96  minimum standards for the installation of synthetic turf on
   97  single-family residential properties 1 acre or less in size. The
   98  standards must take into account material type, color,
   99  permeability, stormwater management, potable water conservation,
  100  water quality, proximity to trees and other vegetation, and
  101  other factors impacting environmental conditions of adjacent
  102  properties.
  103         (3)Upon the Department of Environmental Protection
  104  adopting rules pursuant to subsection (4), a local government
  105  may not:
  106         (a)Adopt or enforce any ordinance, resolution, order,
  107  rule, or policy that prohibits, or is enforced to prohibit, a
  108  property owner from installing synthetic turf that complies with
  109  Department of Environmental Protection standards adopted
  110  pursuant to this section which apply to single-family
  111  residential property.
  112         (b)Adopt or enforce any ordinance, resolution, order,
  113  rule, or policy that regulates synthetic turf which is
  114  inconsistent with the Department of Environmental Protection
  115  standards adopted pursuant to this section which apply to
  116  single-family residential property.
  117         (4)The Department of Environmental Protection shall adopt
  118  rules to implement this section.
  119         Section 2. Section 218.755, Florida Statutes, is created to
  120  read:
  121         218.755Prompt processing of change orders.—For any
  122  contract for construction services entered into on or after July
  123  1, 2025, if a local governmental entity receives from its
  124  contractor a price quote for a change order requested or issued
  125  by the local governmental entity for construction services, and
  126  the price quote conforms to all statutory requirements and
  127  contractual requirements for the project, the local governmental
  128  entity must approve or deny the price quote and send written
  129  notice of that decision to the contractor within 35 days after
  130  receipt of such quote. A denial notice must specify the alleged
  131  deficiencies in the price quote and the actions necessary to
  132  remedy those deficiencies. If the local governmental entity
  133  fails to provide the contractor with a notice in compliance with
  134  this section, the change order and price quote are deemed
  135  approved, and the local governmental entity must pay the
  136  contractor the amount stated in the price quote upon the
  137  completion of the change order. A contract between a local
  138  governmental entity and a contractor may not alter the local
  139  governmental entity’s duties under this section.
  140         Section 3. Paragraph (d) is added to subsection (2) of
  141  section 255.0992, Florida Statutes, to read:
  142         255.0992 Public works projects; prohibited governmental
  143  actions.—
  144         (2) Except as required by federal or state law, the state
  145  or any political subdivision that contracts for a public works
  146  project may not take the following actions:
  147         (d) When scoring or evaluating bids for a public works
  148  project, penalize a bidder for performing a larger volume of
  149  construction work for the state or political subdivision or
  150  reward a bidder for performing a smaller volume of construction
  151  work for the state or political subdivision.
  152         Section 4. Paragraph (b) of subsection (1) of section
  153  399.035, Florida Statutes, is amended to read:
  154         399.035 Elevator accessibility requirements for the
  155  physically handicapped.—
  156         (1) Each elevator, the installation of which is begun after
  157  October 1, 1990, must be made accessible to physically
  158  handicapped persons with the following requirements:
  159         (b) Each elevator car interior must have a support rail on
  160  at least one wall. All support rails must be smooth and have no
  161  sharp edges and must not be more than 1 1/2 inches thick or 2
  162  1/2 inches in diameter. At least one support rail Support rails
  163  must be continuous and a minimum length of 42 inches overall.
  164  The inside surface of support rails must be 1 1/2 inches clear
  165  of the car wall. The distance from the top of the support rail
  166  to the finished car floor must be at least 31 inches and not
  167  more than 33 inches. Padded or tufted material or decorative
  168  materials, such as wallpaper, vinyl, cloth, or the like, may not
  169  be used on support rails.
  170         Section 5. Subsection (7) of section 489.505, Florida
  171  Statutes, is amended to read:
  172         489.505 Definitions.—As used in this part:
  173         (7) “Certified alarm system contractor” means an alarm
  174  system contractor who possesses a certificate of competency
  175  issued by the department. The scope of certification is limited
  176  to alarm circuits originating in the alarm control panel and
  177  equipment governed by the applicable provisions of Articles 722,
  178  725, 760, 770, 800, and 810 of the National Electrical Code,
  179  Current Edition, and National Fire Protection Association
  180  Standard 72, Current Edition. The scope of certification for
  181  alarm system contractors also includes the installation, repair,
  182  fabrication, erection, alteration, addition, or design of
  183  electrical wiring, fixtures, appliances, thermostats, apparatus,
  184  raceways, and conduit, or any part thereof not to exceed 98
  185  volts (RMS), when those items are for the purpose of
  186  transmitting data or proprietary video (satellite systems that
  187  are not part of a community antenna television or radio
  188  distribution system) or providing central vacuum capability,
  189  surveillance cameras, or electric locks; however, this provision
  190  governing the scope of certification does not create any
  191  mandatory licensure requirement.
  192         Section 6. Subsection (10) of section 553.73, Florida
  193  Statutes, is amended to read:
  194         553.73 Florida Building Code.—
  195         (10) The following buildings, structures, and facilities
  196  are exempt from the Florida Building Code as provided by law,
  197  and any further exemptions shall be as determined by the
  198  Legislature and provided by law:
  199         (a) Buildings and structures specifically regulated and
  200  preempted by the Federal Government.
  201         (b) Railroads and ancillary facilities associated with the
  202  railroad.
  203         (c) Nonresidential farm buildings on farms.
  204         (d) Temporary buildings or sheds used exclusively for
  205  construction purposes.
  206         (e) Mobile or modular structures used as temporary offices,
  207  except that the provisions of part II relating to accessibility
  208  by persons with disabilities apply to such mobile or modular
  209  structures.
  210         (f) Those structures or facilities of electric utilities,
  211  as defined in s. 366.02, which are directly involved in the
  212  generation, transmission, or distribution of electricity.
  213         (g) Temporary sets, assemblies, or structures used in
  214  commercial motion picture or television production, or any
  215  sound-recording equipment used in such production, on or off the
  216  premises.
  217         (h) Storage sheds that are not designed for human
  218  habitation and that have a floor area of 720 square feet or less
  219  are not required to comply with the mandatory wind-borne-debris
  220  impact standards of the Florida Building Code. In addition, such
  221  buildings that are 400 square feet or less and that are intended
  222  for use in conjunction with one- and two-family residences are
  223  not subject to the door height and width requirements of the
  224  Florida Building Code.
  225         (i) Chickees constructed by the Miccosukee Tribe of Indians
  226  of Florida or the Seminole Tribe of Florida. As used in this
  227  paragraph, the term “chickee” means an open-sided wooden hut
  228  that has a thatched roof of palm or palmetto or other
  229  traditional materials, and that does not incorporate any
  230  electrical, plumbing, or other nonwood features.
  231         (j) Family mausoleums not exceeding 250 square feet in area
  232  which are prefabricated and assembled on site or preassembled
  233  and delivered on site and have walls, roofs, and a floor
  234  constructed of granite, marble, or reinforced concrete.
  235         (k) A building or structure having less than 1,000 square
  236  feet which is constructed and owned by a natural person for
  237  hunting and which is repaired or reconstructed to the same
  238  dimension and condition as existed on January 1, 2011, if the
  239  building or structure:
  240         1. Is not rented or leased or used as a principal
  241  residence;
  242         2. Is not located within the 100-year floodplain according
  243  to the Federal Emergency Management Agency’s current Flood
  244  Insurance Rate Map; and
  245         3. Is not connected to an offsite electric power or water
  246  supply.
  247         (l) A drone port as defined in s. 330.41(2).
  248         (m)Any system or equipment, whether affixed or movable,
  249  which is located on property within a spaceport territory
  250  pursuant to s. 331.304 and which is used for the production,
  251  erection, alteration, modification, repair, launch, processing,
  252  recovery, transport, integration, fueling, conditioning, or
  253  equipping of a space launch vehicle, payload, or spacecraft.
  254  
  255  With the exception of paragraphs (a), (b), (c), and (f), in
  256  order to preserve the health, safety, and welfare of the public,
  257  the Florida Building Commission may, by rule adopted pursuant to
  258  chapter 120, provide for exceptions to the broad categories of
  259  buildings exempted in this section, including exceptions for
  260  application of specific sections of the code or standards
  261  adopted therein. The Department of Agriculture and Consumer
  262  Services shall have exclusive authority to adopt by rule,
  263  pursuant to chapter 120, exceptions to nonresidential farm
  264  buildings exempted in paragraph (c) when reasonably necessary to
  265  preserve public health, safety, and welfare. The exceptions must
  266  be based upon specific criteria, such as under-roof floor area,
  267  aggregate electrical service capacity, HVAC system capacity, or
  268  other building requirements. Further, the commission may
  269  recommend to the Legislature additional categories of buildings,
  270  structures, or facilities which should be exempted from the
  271  Florida Building Code, to be provided by law. The Florida
  272  Building Code does not apply to temporary housing provided by
  273  the Department of Corrections to any prisoner in the state
  274  correctional system.
  275         Section 7. Paragraph (f) of subsection (1) of section
  276  553.79, Florida Statutes, is amended, and subsection (11) of
  277  that section is reenacted, to read:
  278         553.79 Permits; applications; issuance; inspections.—
  279         (1)
  280         (f) A local government may not require a contract between a
  281  builder and an owner, any copies of such contract, or any
  282  associated document, including, but not limited to, letters of
  283  intent, material costs lists, labor costs, or overhead or profit
  284  statements, for the issuance of a building permit or as a
  285  requirement for the submission of a building permit application.
  286         (11) Any state agency whose enabling legislation authorizes
  287  it to enforce provisions of the Florida Building Code may enter
  288  into an agreement with any other unit of government to delegate
  289  its responsibility to enforce those provisions and may expend
  290  public funds for permit and inspection fees, which fees may be
  291  no greater than the fees charged others. Inspection services
  292  that are not required to be performed by a state agency under a
  293  federal delegation of responsibility or by a state agency under
  294  the Florida Building Code must be performed under the
  295  alternative plans review and inspection process created in s.
  296  553.791 or by a local governmental entity having authority to
  297  enforce the Florida Building Code.
  298         Section 8. Paragraphs (l) and (q) of subsection (1) and
  299  subsections (5) through (8) of section 553.791, Florida
  300  Statutes, are amended to read:
  301         553.791 Alternative plans review and inspection.—
  302         (1) As used in this section, the term:
  303         (l) “Permit application” means a properly completed and
  304  submitted application for the requested building or construction
  305  permit, including:
  306         1. The plans reviewed by the private provider, or in the
  307  case of a single-trade plans review where a private provider
  308  uses an automated or software-based plans review system pursuant
  309  to subsection (6), the information reviewed by the automated or
  310  software-based plans review system to determine compliance with
  311  one or more applicable codes.
  312         2. The affidavit from the private provider required under
  313  subsection (6).
  314         3. Any applicable fees.
  315         4. Any documents required by the local building official to
  316  determine that the fee owner has secured all other government
  317  approvals required by law.
  318         (q) “Single-trade inspection” or “single-trade plans
  319  review” means any inspection or plans review focused on a single
  320  construction trade, such as plumbing, mechanical, or electrical.
  321  The term includes, but is not limited to, inspections or plans
  322  reviews of door or window replacements; fences and block walls
  323  more than 6 feet high from the top of the wall to the bottom of
  324  the footing; stucco or plastering; reroofing with no structural
  325  alteration; solar energy and energy storage installations or
  326  alterations; HVAC replacements; ductwork or fan replacements;
  327  alteration or installation of wiring, lighting, and service
  328  panels; water heater changeouts; sink replacements; and
  329  repiping.
  330         (5) After construction has commenced and if either the
  331  local building official is unable to provide inspection services
  332  in a timely manner or the work subject to inspection is related
  333  to a single-trade inspection for a single-family or two-family
  334  dwelling, the fee owner or the fee owner’s contractor may elect
  335  to use a private provider to provide inspection services by
  336  notifying the local building official of the owner’s or
  337  contractor’s intention to do so by 2 p.m. local time, 2 business
  338  days before the next scheduled inspection using the notice
  339  provided for in paragraphs (4)(a)-(c).
  340         (6) A private provider performing plans review under this
  341  section shall review the plans to determine compliance with the
  342  applicable codes. For single-trade plans reviews, a private
  343  provider may use an automated or software-based plans review
  344  system designed to determine compliance with one or more
  345  applicable codes, including, but not limited to, the National
  346  Electrical Code and the Florida Building Code. Upon determining
  347  that the plans reviewed comply with the applicable codes, the
  348  private provider shall prepare an affidavit or affidavits
  349  certifying, under oath, that the following is true and correct
  350  to the best of the private provider’s knowledge and belief:
  351         (a) The plans were reviewed by the affiant, who is duly
  352  authorized to perform plans review pursuant to this section and
  353  holds the appropriate license or certificate.
  354         (b) The plans comply with the applicable codes.
  355  
  356  Such affidavit may bear a written or electronic signature and
  357  may be submitted electronically to the local building official.
  358         (7)(a) No more than 20 business days, or if the permit
  359  application is related to a single-trade plans review for a
  360  single-family or two-family dwelling, no more than 5 business
  361  days, after receipt of a permit application and the affidavit
  362  from the private provider required pursuant to subsection (6),
  363  the local building official shall issue the requested permit or
  364  provide a written notice to the permit applicant identifying the
  365  specific plan features that do not comply with the applicable
  366  codes, as well as the specific code chapters and sections. If
  367  the local building official does not provide a written notice of
  368  the plan deficiencies within the prescribed time 20-day period,
  369  the permit application must shall be deemed approved as a matter
  370  of law, and the permit must shall be issued by the local
  371  building official on the next business day.
  372         (b) If the local building official provides a written
  373  notice of plan deficiencies to the permit applicant within the
  374  prescribed time 20-day period, the time 20-day period is shall
  375  be tolled pending resolution of the matter. To resolve the plan
  376  deficiencies, the permit applicant may elect to dispute the
  377  deficiencies pursuant to subsection (15) or to submit revisions
  378  to correct the deficiencies.
  379         (c) If the permit applicant submits revisions, the local
  380  building official has the remainder of the tolled time 20-day
  381  period plus 5 business days after from the date of resubmittal
  382  to issue the requested permit or to provide a second written
  383  notice to the permit applicant stating which of the previously
  384  identified plan features remain in noncompliance with the
  385  applicable codes, with specific reference to the relevant code
  386  chapters and sections. Any subsequent review by the local
  387  building official is limited to the deficiencies cited in the
  388  written notice. If the local building official does not provide
  389  the second written notice within the prescribed time period, the
  390  permit must shall be deemed approved as a matter of law, and the
  391  local building official must issue the permit on the next
  392  business day.
  393         (d) If the local building official provides a second
  394  written notice of plan deficiencies to the permit applicant
  395  within the prescribed time period, the permit applicant may
  396  elect to dispute the deficiencies pursuant to subsection (15) or
  397  to submit additional revisions to correct the deficiencies. For
  398  all revisions submitted after the first revision, the local
  399  building official has an additional 5 business days after from
  400  the date of resubmittal to issue the requested permit or to
  401  provide a written notice to the permit applicant stating which
  402  of the previously identified plan features remain in
  403  noncompliance with the applicable codes, with specific reference
  404  to the relevant code chapters and sections.
  405         (8) A private provider performing required inspections
  406  under this section shall inspect each phase of construction as
  407  required by the applicable codes. Such inspection, including a
  408  single-trade inspection, may be performed in person in-person or
  409  virtually. The private provider may have a duly authorized
  410  representative perform the required inspections, provided all
  411  required reports are prepared by and bear the written or
  412  electronic signature of the private provider or the private
  413  provider’s duly authorized representative. The duly authorized
  414  representative must be an employee of the private provider
  415  entitled to receive reemployment assistance benefits under
  416  chapter 443. The contractor’s contractual or legal obligations
  417  are not relieved by any action of the private provider.
  418         Section 9. For the purpose of incorporating the amendment
  419  made by this act to section 489.505, Florida Statutes, in a
  420  reference thereto, subsection (2) of section 201.21, Florida
  421  Statutes, is reenacted to read:
  422         201.21 Notes and other written obligations exempt under
  423  certain conditions.—
  424         (2) There shall be exempt from all excise taxes imposed by
  425  this chapter all non-interest-bearing promissory notes, non
  426  interest-bearing nonnegotiable notes, or non-interest-bearing
  427  written obligations to pay money, or assignments of salaries,
  428  wages, or other compensation made, executed, delivered, sold,
  429  transferred, or assigned in the state, and for each renewal of
  430  the same, of $3,500 or less, when given by a customer to an
  431  alarm system contractor, as defined in s. 489.505, in connection
  432  with the sale of an alarm system as defined in s. 489.505.
  433         Section 10. For the purpose of incorporating the amendment
  434  made by this act to section 553.791, Florida Statutes, in a
  435  reference thereto, paragraph (a) of subsection (4) of section
  436  177.073, Florida Statutes, is reenacted to read:
  437         177.073 Expedited approval of residential building permits
  438  before a final plat is recorded.—
  439         (4)(a) An applicant may use a private provider pursuant to
  440  s. 553.791 to expedite the application process for building
  441  permits after a preliminary plat is approved under this section.
  442         Section 11. For the purpose of incorporating the amendment
  443  made by this act to section 553.791, Florida Statutes, in
  444  references thereto, paragraphs (i) and (j) of subsection (1) of
  445  section 468.621, Florida Statutes, are reenacted to read:
  446         468.621 Disciplinary proceedings.—
  447         (1) The following acts constitute grounds for which the
  448  disciplinary actions in subsection (2) may be taken:
  449         (i) Failing to lawfully execute the duties and
  450  responsibilities specified in this part and ss. 553.73, 553.781,
  451  553.79, and 553.791.
  452         (j) Performing building code inspection services under s.
  453  553.791 without satisfying the insurance requirements of that
  454  section.
  455         Section 12. For the purpose of incorporating the amendment
  456  made by this act to section 553.791, Florida Statutes, in a
  457  reference thereto, paragraph (l) of subsection (1) of section
  458  471.033, Florida Statutes, is reenacted to read:
  459         471.033 Disciplinary proceedings.—
  460         (1) The following acts constitute grounds for which the
  461  disciplinary actions in subsection (3) may be taken:
  462         (l) Performing building code inspection services under s.
  463  553.791, without satisfying the insurance requirements of that
  464  section.
  465         Section 13. For the purpose of incorporating the amendment
  466  made by this act to section 553.791, Florida Statutes, in a
  467  reference thereto, paragraph (l) of subsection (1) of section
  468  481.225, Florida Statutes, is reenacted to read:
  469         481.225 Disciplinary proceedings against registered
  470  architects.—
  471         (1) The following acts constitute grounds for which the
  472  disciplinary actions in subsection (3) may be taken:
  473         (l) Performing building code inspection services under s.
  474  553.791, without satisfying the insurance requirements of that
  475  section.
  476         Section 14. For the purpose of incorporating the amendment
  477  made by this act to section 553.791, Florida Statutes, in a
  478  reference thereto, paragraph (a) of subsection (7) of section
  479  553.80, Florida Statutes, is reenacted to read:
  480         553.80 Enforcement.—
  481         (7)(a) The governing bodies of local governments may
  482  provide a schedule of reasonable fees, as authorized by s.
  483  125.56(2) or s. 166.222 and this section, for enforcing this
  484  part. These fees, and any fines or investment earnings related
  485  to the fees, may only be used for carrying out the local
  486  government’s responsibilities in enforcing the Florida Building
  487  Code. When providing a schedule of reasonable fees, the total
  488  estimated annual revenue derived from fees, and the fines and
  489  investment earnings related to the fees, may not exceed the
  490  total estimated annual costs of allowable activities. Any
  491  unexpended balances must be carried forward to future years for
  492  allowable activities or must be refunded at the discretion of
  493  the local government. A local government may not carry forward
  494  an amount exceeding the average of its operating budget for
  495  enforcing the Florida Building Code for the previous 4 fiscal
  496  years. For purposes of this subsection, the term “operating
  497  budget” does not include reserve amounts. Any amount exceeding
  498  this limit must be used as authorized in subparagraph 2.
  499  However, a local government that established, as of January 1,
  500  2019, a Building Inspections Fund Advisory Board consisting of
  501  five members from the construction stakeholder community and
  502  carries an unexpended balance in excess of the average of its
  503  operating budget for the previous 4 fiscal years may continue to
  504  carry such excess funds forward upon the recommendation of the
  505  advisory board. The basis for a fee structure for allowable
  506  activities must relate to the level of service provided by the
  507  local government and must include consideration for refunding
  508  fees due to reduced services based on services provided as
  509  prescribed by s. 553.791, but not provided by the local
  510  government. Fees charged must be consistently applied.
  511         1. As used in this subsection, the phrase “enforcing the
  512  Florida Building Code” includes the direct costs and reasonable
  513  indirect costs associated with review of building plans,
  514  building inspections, reinspections, and building permit
  515  processing; building code enforcement; and fire inspections
  516  associated with new construction. The phrase may also include
  517  training costs associated with the enforcement of the Florida
  518  Building Code and enforcement action pertaining to unlicensed
  519  contractor activity to the extent not funded by other user fees.
  520         2. A local government must use any excess funds that it is
  521  prohibited from carrying forward to rebate and reduce fees, to
  522  upgrade technology hardware and software systems to enhance
  523  service delivery, to pay for the construction of a building or
  524  structure that houses a local government’s building code
  525  enforcement agency, or for training programs for building
  526  officials, inspectors, or plans examiners associated with the
  527  enforcement of the Florida Building Code. Excess funds used to
  528  construct such a building or structure must be designated for
  529  such purpose by the local government and may not be carried
  530  forward for more than 4 consecutive years. An owner or builder
  531  who has a valid building permit issued by a local government for
  532  a fee, or an association of owners or builders located in the
  533  state that has members with valid building permits issued by a
  534  local government for a fee, may bring a civil action against the
  535  local government that issued the permit for a fee to enforce
  536  this subparagraph.
  537         3. The following activities may not be funded with fees
  538  adopted for enforcing the Florida Building Code:
  539         a. Planning and zoning or other general government
  540  activities.
  541         b. Inspections of public buildings for a reduced fee or no
  542  fee.
  543         c. Public information requests, community functions,
  544  boards, and any program not directly related to enforcement of
  545  the Florida Building Code.
  546         d. Enforcement and implementation of any other local
  547  ordinance, excluding validly adopted local amendments to the
  548  Florida Building Code and excluding any local ordinance directly
  549  related to enforcing the Florida Building Code as defined in
  550  subparagraph 1.
  551         4. A local government must use recognized management,
  552  accounting, and oversight practices to ensure that fees, fines,
  553  and investment earnings generated under this subsection are
  554  maintained and allocated or used solely for the purposes
  555  described in subparagraph 1.
  556         5. The local enforcement agency, independent district, or
  557  special district may not require at any time, including at the
  558  time of application for a permit, the payment of any additional
  559  fees, charges, or expenses associated with:
  560         a. Providing proof of licensure under chapter 489;
  561         b. Recording or filing a license issued under this chapter;
  562         c. Providing, recording, or filing evidence of workers’
  563  compensation insurance coverage as required by chapter 440; or
  564         d. Charging surcharges or other similar fees not directly
  565  related to enforcing the Florida Building Code.
  566         Section 15. This act shall take effect July 1, 2025.