Bill Text: FL S0142 | 2019 | Regular Session | Engrossed
Bill Title: Permit Fees
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2019-03-27 - Laid on Table, companion bill(s) passed, see CS/HB 127 (Ch. 2019-121) [S0142 Detail]
Download: Florida-2019-S0142-Engrossed.html
CS for SB 142 First Engrossed (ntc) 2019142e1 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. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 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 1paragraph (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 1paragraph (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 audits conducted by the local government of 123 private provider building inspections. 124 g. Number of personnel dedicated by the local government to 125 enforce the Florida Building Code, issue building permits, and 126 conduct inspections. 127 h. Other permissible activities for enforcing the Florida 128 Building Code as described in subparagraph (a)1. 129 3. Revenue information, including: 130 a. Revenue derived from fees pursuant to paragraph (a). 131 b. Revenue derived from fines pursuant to paragraph (a). 132 c. When applicable, investment earnings from the local 133 government’s investment of revenue derived from fees and fines 134 pursuant to paragraph (a). 135 d. Balances carried forward by the local government 136 pursuant to paragraph (a). 137 e. Balances refunded by the local government pursuant to 138 paragraph (a). 139 f. Other revenue sources, including local government 140 general revenue. 141 Section 4. This act shall take effect July 1, 2019.