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