Bill Text: FL S1144 | 2018 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2018 CS for SB 1144 By the Committee on Community Affairs; and Senator Perry 578-02145-18 20181144c1 1 A bill to be entitled 2 An act relating to permit fees; amending s. 125.56, 3 F.S.; requiring the governing body of certain counties 4 to post its permit and inspection fee schedules and a 5 link to the annual building permit and inspection 6 report on its website; amending s. 166.222, F.S.; 7 requiring the governing body of a municipality to post 8 its permit and inspection fee schedules and a link to 9 the annual building permit and inspection report on 10 its website; amending s. 553.80, F.S.; requiring the 11 governing body of a local government, before making 12 any adjustment to a fee schedule, to publish a 13 building permit and inspection report and post it on 14 the local government’s website; requiring the report 15 to be updated annually on such website and be easily 16 accessible to the public; requiring the report to 17 include specified information; providing an effective 18 date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Paragraph (c) is added to subsection (4) of 23 section 125.56, Florida Statutes, to read: 24 125.56 Enforcement and amendment of the Florida Building 25 Code and the Florida Fire Prevention Code; inspection fees; 26 inspectors; etc.— 27 (4) 28 (c) The governing body of a county authorized under this 29 section or s. 553.80 to issue fees shall post its permit fee and 30 inspection fee schedule on its website with a link to the 31 building permit and inspection report required under s. 32 553.80(7). 33 Section 2. Section 166.222, Florida Statutes, is amended to 34 read: 35 166.222 Building code inspection fees.— 36 (1) The governing body of a municipality may provide a 37 schedule of reasonable inspection fees in order to defer the 38 costs of inspection and enforcement of the provisions of its 39 building code. 40 (2) The governing body of a municipality authorized under 41 s. 553.80 to issue fees shall post its permit and inspection fee 42 schedules on its website with a link to the building permit and 43 inspection report required under s. 553.80(7). 44 Section 3. Subsection (7) of section 553.80, Florida 45 Statutes, is amended to read: 46 553.80 Enforcement.— 47 (7)(a) The governing bodies of local governments may 48 provide a schedule of reasonable fees, as authorized by s. 49 125.56(2) or s. 166.222 and this section, for enforcing this 50 part. These fees, and any fines or investment earnings related 51 to the fees, shall be used solely for carrying out the local 52 government’s responsibilities in enforcing the Florida Building 53 Code. When providing a schedule of reasonable fees, the total 54 estimated annual revenue derived from fees, and the fines and 55 investment earnings related to the fees, may not exceed the 56 total estimated annual costs of allowable activities. Any 57 unexpended balances shall be carried forward to future years for 58 allowable activities or shall be refunded at the discretion of 59 the local government. The basis for a fee structure for 60 allowable activities shall relate to the level of service 61 provided by the local government and shall include consideration 62 for refunding fees due to reduced services based on services 63 provided as prescribed by s. 553.791, but not provided by the 64 local government. Fees charged shall be consistently applied. 65 1.(a)As used in this subsection, the phrase “enforcing the 66 Florida Building Code” includes the direct costs and reasonable 67 indirect costs associated with review of building plans, 68 building inspections, reinspections, and building permit 69 processing; building code enforcement; and fire inspections 70 associated with new construction. The phrase may also include 71 training costs associated with the enforcement of the Florida 72 Building Code and enforcement action pertaining to unlicensed 73 contractor activity to the extent not funded by other user fees. 74 2.(b)The following activities may not be funded with fees 75 adopted for enforcing the Florida Building Code: 76 a.1.Planning and zoning or other general government 77 activities. 78 b.2.Inspections of public buildings for a reduced fee or 79 no fee. 80 c.3.Public information requests, community functions, 81 boards, and any program not directly related to enforcement of 82 the Florida Building Code. 83 d.4.Enforcement and implementation of any other local 84 ordinance, excluding validly adopted local amendments to the 85 Florida Building Code and excluding any local ordinance directly 86 related to enforcing the Florida Building Code as defined in 87 subparagraph 1paragraph (a). 88 3.(c)A local government shall use recognized management, 89 accounting, and oversight practices to ensure that fees, fines, 90 and investment earnings generated under this subsection are 91 maintained and allocated or used solely for the purposes 92 described in subparagraph 1paragraph (a). 93 4.(d)The local enforcement agency, independent district, 94 or special district may not require at any time, including at 95 the time of application for a permit, the payment of any 96 additional fees, charges, or expenses associated with: 97 a.1.Providing proof of licensure pursuant to chapter 489; 98 b.2.Recording or filing a license issued pursuant to this 99 chapter; or 100 c.3.Providing, recording, or filing evidence of workers’ 101 compensation insurance coverage as required by chapter 440. 102 (b) Before making any adjustment to a fee schedule, the 103 governing body of a local government shall publish a building 104 permit and inspection report and post it on the local 105 government’s website. The report must be updated annually on 106 such website and be easily accessible to the public. The report 107 must include: 108 1. Direct and indirect costs incurred by the local 109 government to implement the Florida Building Code, including 110 costs related to the review of: 111 a. Building plans. 112 b. Building inspections. 113 c. Building reinspections. 114 d. Building permit processing. 115 e. Building code enforcement. 116 f. Building fire inspections. 117 2. Number of building permits requested. 118 3. Number of building permits issued. 119 4. Number of building inspections and reinspections 120 conducted. 121 5. Number of personnel employed by the local government to 122 implement the Florida Building Code, issue building permits, and 123 conduct inspections. 124 6. Salary and related employee benefit costs incurred by 125 the local government to implement the Florida Building Code, 126 issue building permits, and conduct inspections. 127 7. Revenue derived from fees pursuant to this subsection. 128 8. Revenue derived from fines pursuant to this subsection. 129 9. Investment earnings derived from the local government’s 130 investment of revenue derived from fees and fines pursuant to 131 this subsection. 132 10. Balances carried forward by the local government 133 pursuant to this subsection. 134 11. Balances refunded by the local government pursuant to 135 this subsection. 136 Section 4. This act shall take effect July 1, 2018.