Bill Text: FL S1144 | 2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Permit Fees
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2018-03-10 - Died on Calendar [S1144 Detail]
Download: Florida-2018-S1144-Introduced.html
Bill Title: Permit Fees
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2018-03-10 - Died on Calendar [S1144 Detail]
Download: Florida-2018-S1144-Introduced.html
Florida Senate - 2018 SB 1144 By Senator Perry 8-00665A-18 20181144__ 1 A bill to be entitled 2 An act relating to permit fees; amending s. 125.56, 3 F.S.; requiring a local government authorized to 4 charge certain fees to post its permit fee and 5 inspection fee schedule on its website with a link to 6 a specified building permit and inspection report; 7 amending s. 553.80, F.S.; requiring the governing body 8 of a local government, before making any adjustment to 9 a fee schedule, to publish a building permit and 10 inspection report and post it on the local 11 government’s website; requiring the report to be 12 updated annually on such website and be easily 13 accessible to the public; requiring the report to 14 include specified information; providing an effective 15 date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Paragraph (c) is added to subsection (4) of 20 section 125.56, Florida Statutes, to read: 21 125.56 Enforcement and amendment of the Florida Building 22 Code and the Florida Fire Prevention Code; inspection fees; 23 inspectors; etc.— 24 (4) 25 (c) A local government authorized under this section, s. 26 166.222, or s. 553.80 to charge fees shall post its permit fee 27 and inspection fee schedule on its website with a link to the 28 building permit and inspection report required under s. 29 553.80(7). 30 Section 2. Subsection (7) of section 553.80, Florida 31 Statutes, is amended to read: 32 553.80 Enforcement.— 33 (7)(a) The governing bodies of local governments may 34 provide a schedule of reasonable fees, as authorized by s. 35 125.56(2) or s. 166.222 and this section, for enforcing this 36 part. These fees, and any fines or investment earnings related 37 to the fees, shall be used solely for carrying out the local 38 government’s responsibilities in enforcing the Florida Building 39 Code. When providing a schedule of reasonable fees, the total 40 estimated annual revenue derived from fees, and the fines and 41 investment earnings related to the fees, may not exceed the 42 total estimated annual costs of allowable activities. Any 43 unexpended balances shall be carried forward to future years for 44 allowable activities or shall be refunded at the discretion of 45 the local government. The basis for a fee structure for 46 allowable activities shall relate to the level of service 47 provided by the local government and shall include consideration 48 for refunding fees due to reduced services based on services 49 provided as prescribed by s. 553.791, but not provided by the 50 local government. Fees charged shall be consistently applied. 51 1.(a)As used in this subsection, the phrase “enforcing the 52 Florida Building Code” includes the direct costs and reasonable 53 indirect costs associated with review of building plans, 54 building inspections, reinspections, and building permit 55 processing; building code enforcement; and fire inspections 56 associated with new construction. The phrase may also include 57 training costs associated with the enforcement of the Florida 58 Building Code and enforcement action pertaining to unlicensed 59 contractor activity to the extent not funded by other user fees. 60 2.(b)The following activities may not be funded with fees 61 adopted for enforcing the Florida Building Code: 62 a.1.Planning and zoning or other general government 63 activities. 64 b.2.Inspections of public buildings for a reduced fee or 65 no fee. 66 c.3.Public information requests, community functions, 67 boards, and any program not directly related to enforcement of 68 the Florida Building Code. 69 d.4.Enforcement and implementation of any other local 70 ordinance, excluding validly adopted local amendments to the 71 Florida Building Code and excluding any local ordinance directly 72 related to enforcing the Florida Building Code as defined in 73 subparagraph 1paragraph (a). 74 3.(c)A local government shall use recognized management, 75 accounting, and oversight practices to ensure that fees, fines, 76 and investment earnings generated under this subsection are 77 maintained and allocated or used solely for the purposes 78 described in subparagraph 1paragraph (a). 79 4.(d)The local enforcement agency, independent district, 80 or special district may not require at any time, including at 81 the time of application for a permit, the payment of any 82 additional fees, charges, or expenses associated with: 83 a.1.Providing proof of licensure pursuant to chapter 489; 84 b.2.Recording or filing a license issued pursuant to this 85 chapter; or 86 c.3.Providing, recording, or filing evidence of workers’ 87 compensation insurance coverage as required by chapter 440. 88 (b) Before making any adjustment to a fee schedule, the 89 governing body of a local government shall publish a building 90 permit and inspection report and post it on the local 91 government’s website. The report must be updated annually on 92 such website and be easily accessible to the public. The report 93 must include: 94 1. Direct and indirect costs incurred by the local 95 government to implement the Florida Building Code, including 96 costs related to the review of: 97 a. Building plans. 98 b. Building inspections. 99 c. Building reinspections. 100 d. Building permit processing. 101 e. Building code enforcement. 102 f. Building fire inspections. 103 2. Number of building permits requested. 104 3. Number of building permits issued. 105 4. Number of building inspections and reinspections 106 conducted. 107 5. Number of personnel employed by the local government to 108 implement the Florida Building Code, issue building permits, and 109 conduct inspections. 110 6. Salary and related employee benefit costs incurred by 111 the local government to implement the Florida Building Code, 112 issue building permits, and conduct inspections. 113 7. Revenue derived from fees pursuant to this subsection. 114 8. Revenue derived from fines pursuant to this subsection. 115 9. Investment earnings derived from the local government’s 116 investment of revenue derived from fees and fines pursuant to 117 this subsection. 118 10. Balances carried forward by the local government 119 pursuant to this subsection. 120 11. Balances refunded by the local government pursuant to 121 this subsection. 122 Section 3. This act shall take effect July 1, 2018.