FL
Florida House Bill H0423

Florida 2022 Regular Session

Florida House Bill H0423 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to building regulation; amending s. 2
1616 468.603, F.S.; defining the term "private provider"; 3
1717 amending s. 468.609, F.S.; revising eligibility 4
1818 requirements for a person applying to become certified 5
1919 as a building code inspector or plans examiner; 6
2020 authorizing an individual to perform certain duties 7
2121 under certain conditions if he or she is under the 8
2222 direct supervision of a certified building code 9
2323 official; revising the special conditions or 10
2424 requirements that the Florida Building Code 11
2525 Administrators and Inspectors Board may impose on 12
2626 provisional certificates; authorizing a person to 13
2727 perform certain duties under certain conditions if the 14
2828 person is under the direct supervision of a person 15
2929 licensed as a building code official, engineer, or 16
3030 architect; authorizing that partial completion of an 17
3131 internship program be transferable among 18
3232 jurisdictions, private providers, and firms of private 19
3333 providers; amending s. 553.79, F.S.; providing that a 20
3434 local government may not prohibit or restrict 21
3535 demolition permits for single-family residential 22
3636 structures located in certain areas; providing that 23
3737 local governments may only review demolition permits 24
3838 administratively for compliance with certain 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 regulations; prohibiting a property owner from being 26
5252 penalized for a demolition that is in compliance with 27
5353 a demolition permit; prohibiting local governments 28
5454 from imposing additional requirements on certain 29
5555 structures; providing applicability; amending s. 30
5656 553.791, F.S.; revising the definition of the term 31
5757 "duly authorized representat ive"; limiting the 32
5858 administrative fee that a local jurisdiction can 33
5959 charge when an owner or contractor hires a private 34
6060 provider for inspection services; requiring the local 35
6161 jurisdiction to provide access to certain documents to 36
6262 a private provider, contract or, and owner with certain 37
6363 restrictions; requiring the local building official to 38
6464 issue a certificate of occupancy or certificate of 39
6565 completion within a certain number of days after 40
6666 receipt of certain information, including the payment 41
6767 of all outstanding f ees; providing that a certificate 42
6868 of occupancy or certificate of completion is 43
6969 automatically granted and issued, and the permit 44
7070 application closed, under certain circumstances; 45
7171 requiring the local building official to provide a 46
7272 written certificate of occup ancy or certificate of 47
7373 completion within a specified time; amending s. 48
7474 553.792; revising requirements for when a local 49
7575 government requests certain additional information 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 from an applicant for a building permit; limiting the 51
8989 number of times the local govern ment may request such 52
9090 information; providing requirements for a local 53
9191 government if a certain request is made by an 54
9292 applicant; amending s. 553.80, F.S.; authorizing a 55
9393 civil action under certain circumstances; providing an 56
9494 effective date. 57
9595 58
9696 Be It Enacted by the Legislature of the State of Florida: 59
9797 60
9898 Section 1. Subsection (9) is added to section 468.603, 61
9999 Florida Statutes, to read: 62
100100 468.603 Definitions. —As used in this part: 63
101101 (9) "Private provider" has the same meaning as in s. 64
102102 553.791(1). 65
103103 Section 2. Paragraph (c) of subsection (2), paragraphs (c) 66
104104 and (d) of subsection (7), and paragraph (b) of subsection (10) 67
105105 of section 468.609, Florida Statutes, are amended to read: 68
106106 468.609 Administration of this part; standards for 69
107107 certification; additional cat egories of certification. — 70
108108 (2) A person may take the examination for certification as 71
109109 a building code inspector or plans examiner pursuant to this 72
110110 part if the person: 73
111111 (c) Meets eligibility requirements according to one of the 74
112112 following criteria: 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 1. Demonstrates 4 years' combined experience in the field 76
126126 of construction or a related field, building code inspection, or 77
127127 plans review corresponding to the certification category sought; 78
128128 2. Demonstrates a combination of postsecondary education 79
129129 in the field of construction or a related field and experience 80
130130 which totals 3 years, with at least 1 year of such total being 81
131131 experience in construction, building code inspection, or plans 82
132132 review; 83
133133 3. Demonstrates a combination of technical education in 84
134134 the field of construction or a related field and experience 85
135135 which totals 3 years, with at least 1 year of such total being 86
136136 experience in construction, building code inspection, or plans 87
137137 review; 88
138138 4. Currently holds a standard certificate issued by the 89
139139 board or a firesafety inspector license issued under pursuant to 90
140140 chapter 633, with a minimum of 3 years' verifiable full -time 91
141141 experience in firesafety inspection or firesafety plan review, 92
142142 and has satisfactorily completed a building code inspector or 93
143143 plans examiner training program that provides at least 100 hours 94
144144 but not more than 200 hours of cross -training in the 95
145145 certification category sought. The board shall establish by rule 96
146146 criteria for the development and implementation of the training 97
147147 programs. The board must shall accept all classroom training 98
148148 offered by an approved provider if the content substantially 99
149149 meets the intent of the classroom component of the training 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 program; 101
163163 5. Demonstrates a combination of the completion of an 102
164164 approved training program in the field of building code 103
165165 inspection or plan review and a minimum of 2 years' experience 104
166166 in the field of building code inspection, plan review, fire code 105
167167 inspections and fire plans review of new buildings as a 106
168168 firesafety inspector certified under s. 633.216, or 107
169169 construction. The approved training portion of this requirement 108
170170 must shall include proof of satisfactory completion of a 109
171171 training program that provides at least 200 hours but not more 110
172172 than 300 hours of cross -training that is approved by the board 111
173173 in the chosen category of building code inspection or plan 112
174174 review in the certification category sought with at least 20 113
175175 hours but not more than 30 hours of instruction in state laws, 114
176176 rules, and ethics relating to professional standards of 115
177177 practice, duties, and responsib ilities of a certificateholder. 116
178178 The board shall coordinate with the Building Officials 117
179179 Association of Florida, Inc., to establish by rule the 118
180180 development and implementation of the training program. However, 119
181181 the board must shall accept all classroom trainin g offered by an 120
182182 approved provider if the content substantially meets the intent 121
183183 of the classroom component of the training program; 122
184184 6. Currently holds a standard certificate issued by the 123
185185 board or a firesafety inspector license issued under pursuant to 124
186186 chapter 633 and: 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 a. Has at least 4 years' verifiable full -time experience 126
200200 as an inspector or plans examiner in a standard certification 127
201201 category currently held or has a minimum of 4 years' verifiable 128
202202 full-time experience as a firesafety inspector licens ed under 129
203203 pursuant to chapter 633. 130
204204 b. Has satisfactorily completed a building code inspector 131
205205 or plans examiner classroom training course or program that 132
206206 provides at least 200 but not more than 300 hours in the 133
207207 certification category sought, except for residential one-family 134
208208 and two-family dwelling training programs, which must provide at 135
209209 least 500 but not more than 800 hours of training as prescribed 136
210210 by the board. The board shall establish by rule criteria for the 137
211211 development and implementation of classroo m training courses and 138
212212 programs in each certification category; or 139
213213 7.a. Has completed a 4 -year internship certification 140
214214 program as a building code inspector or plans examiner while 141
215215 also employed full-time by a municipality, county, or other 142
216216 governmental jurisdiction, under the direct supervision of a 143
217217 certified building official. A person may also complete the 144
218218 internship certification program while employed full time by a 145
219219 private provider or a private provider's firm that performs the 146
220220 services of a buildin g code inspector or plans examiner, while 147
221221 under the direct supervision of a certified building official. 148
222222 Proof of graduation with a related vocational degree or college 149
223223 degree or of verifiable work experience may be exchanged for the 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 internship experience requirement year-for-year, but may reduce 151
237237 the requirement to no less than 1 year. 152
238238 b. Has passed an examination administered by the 153
239239 International Code Council in the certification category sought. 154
240240 Such examination must be passed before beginning the inter nship 155
241241 certification program. 156
242242 c. Has passed the principles and practice examination 157
243243 before completing the internship certification program. 158
244244 d. Has passed a board -approved 40-hour code training 159
245245 course in the certification category sought before completin g 160
246246 the internship certification program. 161
247247 e. Has obtained a favorable recommendation from the 162
248248 supervising building official after completion of the internship 163
249249 certification program. 164
250250 (7) 165
251251 (c) The board shall provide for appropriate levels of 166
252252 provisional certificates and may issue these certificates with 167
253253 such special conditions or requirements relating to the place of 168
254254 employment of the person holding the certificate, the 169
255255 supervision of such person on a consulting or advisory basis, or 170
256256 other matters as the board deems may deem necessary to protect 171
257257 the public safety and health. The board may not place a special 172
258258 condition or requirement on a provisional certificate with 173
259259 respect to the requirement of employment by a municipality, 174
260260 county, or other local governmen tal agency. 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 (d) A person may perform the duties of a plans examiner or 176
274274 building code inspector for 120 days if a provisional 177
275275 certificate application has been submitted if such person is 178
276276 under the direct supervision of a person licensed as a certified 179
277277 building code administrator under this part who holds a standard 180
278278 certification and who has found such person qualified for a 181
279279 provisional certificate. Direct supervision and the 182
280280 determination of qualifications may also be provided by a 183
281281 building code administra tor who holds a limited or provisional 184
282282 certificate in a county having a population of fewer than 75,000 185
283283 and in a municipality located within such county. 186
284284 (10) 187
285285 (b) The board shall by rule establish: 188
286286 1. Reciprocity of certification with any other state that 189
287287 requires an examination administered by the International Code 190
288288 Council. 191
289289 2. That an applicant for certification as a building code 192
290290 inspector or plans examiner may apply for a provisional 193
291291 certificate valid for the duration of the internship period. 194
292292 3. That partial completion of an internship program is 195
293293 transferable among jurisdictions, private providers, and firms 196
294294 of private providers may be transferred between jurisdictions on 197
295295 a form prescribed by the board. 198
296296 4. That an applicant may apply for a st andard certificate 199
297297 on a form prescribed by the board upon successful completion of 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 an internship certification program. 201
311311 5. That an applicant may apply for a standard certificate 202
312312 at least 30 days but and no more than 60 days before completing 203
313313 the internship certification program. 204
314314 6. That a building code inspector or plans examiner who 205
315315 has standard certification may seek an additional certification 206
316316 in another category by completing an additional nonconcurrent 1 -207
317317 year internship program in the certification category sought and 208
318318 passing an examination administered by the International Code 209
319319 Council and a board-approved 40-hour code training course. 210
320320 Section 3. Subsection (25) is added to section 553.79, 211
321321 Florida Statutes, to read: 212
322322 553.79 Permits; applicatio ns; issuance; inspections. — 213
323323 (25)(a) A local law, ordinance, or regulation may not 214
324324 prohibit or otherwise restrict the ability of a private property 215
325325 owner to obtain a building permit to demolish his or her single -216
326326 family residential structure located in a c oastal high-hazard 217
327327 area, moderate flood zone, or special flood hazard area 218
328328 according to a Flood Insurance Rate Map issued by the Federal 219
329329 Emergency Management Agency for the purpose of participating in 220
330330 the National Flood Insurance Program if the lowest fini shed 221
331331 floor elevation of such structure is at or below base flood 222
332332 elevation as established by the Florida Building Code or a 223
333333 higher base flood elevation as may be required by local 224
334334 ordinance, whichever is higher, provided that such permit 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
344344
345345
346346
347347 otherwise complies with all applicable Florida Building Code, 226
348348 Florida Fire Prevention Code, and Life Safety Code requirements, 227
349349 or local amendments thereto. 228
350350 (b) An application for a demolition permit sought under 229
351351 this subsection may only be reviewed administratively for 230
352352 compliance with the Florida Building Code, the Florida Fire 231
353353 Prevention Code, and the Life Safety Code, or local amendments 232
354354 thereto, and any regulations applicable to a similarly situated 233
355355 parcel. Applications may not be subject to any additional local 234
356356 land development regulations or public hearings. A local 235
357357 government may not penalize a private property owner for a 236
358358 demolition that is in compliance with the demolition permit. 237
359359 (c) If a single-family residential structure is demolished 238
360360 pursuant to a demolition permit, a local government may not 239
361361 impose additional regulatory or building requirements on the new 240
362362 single-family residential structure constructed on the site of 241
363363 the demolished structure which would not otherwise be applicable 242
364364 to a similarly situated vaca nt parcel. 243
365365 (d) This subsection does not apply to any of the 244
366366 following: 245
367367 1. A structure designated on the National Register of 246
368368 Historic Places. 247
369369 2. A privately owned single -family residential structure 248
370370 designated historic by a local, state, or federal g overnmental 249
371371 agency on or before January 1, 2022. 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 3. A privately owned single -family residential structure 251
385385 designated historic after January 1, 2022, by a local, state, or 252
386386 federal governmental agency with the consent of its owner. 253
387387 Section 4. Paragraph (f) of subsection (1), paragraph (b) 254
388388 of subsection (2), and subsection (13) of section 553.791, 255
389389 Florida Statutes, are amended, and paragraph (c) is added to 256
390390 subsection (2) of that section, to read: 257
391391 553.791 Alternative plans review and inspection. — 258
392392 (1) As used in this section, the term: 259
393393 (f) "Duly authorized representative" means an agent of the 260
394394 private provider identified in the permit application who 261
395395 reviews plans or performs inspections as provided by this 262
396396 section and who is licensed as an engineer under chapter 471 or 263
397397 as an architect under chapter 481 or who holds a standard or 264
398398 provisional certificate under part XII of chapter 468. A duly 265
399399 authorized representative who only holds a provisional 266
400400 certificate under part XII of chapter 468 must be under the 267
401401 direct supervision of a person licensed as a building code 268
402402 administrator under part XII of chapter 468. 269
403403 (2) 270
404404 (b) If an owner or contractor retains a private provider 271
405405 for purposes of plans review or building inspection services, 272
406406 the local jurisdiction must reduce the permit fee by the amount 273
407407 of cost savings realized by the local enforcement agency for not 274
408408 having to perform such services. Such reduction may be 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 calculated on a flat fee or percentage basis, or any other 276
422422 reasonable means by which a local e nforcement agency assesses 277
423423 the cost for its plans review or inspection services. The local 278
424424 jurisdiction may not charge fees for building inspections if the 279
425425 fee owner or contractor hires a private provider to perform such 280
426426 services; however, the local jurisd iction may charge a 281
427427 reasonable administrative fee , which shall be based on the cost 282
428428 that is actually incurred, including the labor cost of the 283
429429 personnel providing the service, by the local jurisdiction or 284
430430 attributable to the local jurisdiction for the cler ical and 285
431431 supervisory assistance required, or both . 286
432432 (c) If an owner or a contractor retains a private provider 287
433433 for purposes of plans review or building inspection services, 288
434434 the local jurisdiction must provide equal access to all 289
435435 permitting and inspection documents and reports to the private 290
436436 provider, owner, and contractor if such access is provided by 291
437437 software that protects exempt records from disclosure. 292
438438 (13)(a) No more than 10 2 business days, or if the permit 293
439439 is related to single -family or two-family dwellings then no more 294
440440 than 2 business days, after receipt of a request for a 295
441441 certificate of occupancy or certificate of completion and the 296
442442 applicant's presentation of a certificate of compliance and 297
443443 approval of all other government approvals required by l aw, 298
444444 including the payment of all outstanding fees, the local 299
445445 building official shall issue the certificate of occupancy or 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 certificate of completion or provide a notice to the applicant 301
459459 identifying the specific deficiencies, as well as the specific 302
460460 code chapters and sections. 303
461461 (b) If the local building official does not provide notice 304
462462 of the deficiencies within the applicable time periods under 305
463463 paragraph (a) prescribed 2-day period, the request for a 306
464464 certificate of occupancy or certificate of completion is 307
465465 automatically shall be deemed granted and deemed the certificate 308
466466 of occupancy or certificate of completion shall be issued as of 309
467467 by the local building official on the next business day. The 310
468468 local building official must provide the applicant with the 311
469469 written certificate of occupancy or certificate of completion 312
470470 within 10 days after it is automatically granted and issued. To 313
471471 resolve any identified deficiencies, the applicant may elect to 314
472472 dispute the deficiencies pursuant to subsection (14) or to 315
473473 submit a corrected request for a certificate of occupancy or 316
474474 certificate of completion. 317
475475 Section 5. Subsection (1) of section 553.792, Florida 318
476476 Statutes, is amended to read: 319
477477 553.792 Building permit application to local government. — 320
478478 (1)(a) Within 10 days of an ap plicant submitting an 321
479479 application to the local government, the local government shall 322
480480 advise the applicant what information, if any, is needed to deem 323
481481 the application properly completed in compliance with the filing 324
482482 requirements published by the local gove rnment. If the local 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 government does not provide written notice that the applicant 326
496496 has not submitted the properly completed application, the 327
497497 application shall be automatically deemed properly completed and 328
498498 accepted. Within 45 days after receiving a complet ed 329
499499 application, a local government must notify an applicant if 330
500500 additional information is required for the local government to 331
501501 determine the sufficiency of the application, and shall specify 332
502502 the additional information that is required. The applicant must 333
503503 submit the additional information to the local government or 334
504504 request that the local government act without the additional 335
505505 information. While the applicant responds to the request for 336
506506 additional information, the 120 -day period described in this 337
507507 subsection is tolled. Both parties may agree to a reasonable 338
508508 request for an extension of time, particularly in the event of a 339
509509 force majeure or other extraordinary circumstance. The local 340
510510 government must approve, approve with conditions, or deny the 341
511511 application within 12 0 days following receipt of a completed 342
512512 application. 343
513513 (b)1. When reviewing an application for a building permit, 344
514514 a local government may not request additional information from 345
515515 the applicant more than three times, unless the applicant waives 346
516516 such limitation in writing. 347
517517 2. If a local government requests additional information 348
518518 from an applicant and the applicant submits the requested 349
519519 additional information to the local government within 30 days 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532532 after receiving the request, the local government must, within 351
533533 15 days after receiving such information: 352
534534 a. Determine if the application is properly completed; 353
535535 b. Approve the application; 354
536536 c. Approve the application with conditions; 355
537537 d. Deny the application; or 356
538538 e. Advise the applicant of information, if any, t hat is 357
539539 needed to deem the application properly completed or to 358
540540 determine the sufficiency of the application. 359
541541 3. If a local government makes a second request for 360
542542 additional information from the applicant and the applicant 361
543543 submits the requested additional information to the local 362
544544 government within 30 days after receiving the request, the local 363
545545 government must, within 10 days after receiving such 364
546546 information: 365
547547 a. Determine if the application is properly completed; 366
548548 b. Approve the application; 367
549549 c. Approve the application with conditions; 368
550550 d. Deny the application; or 369
551551 e. Advise the applicant of information, if any, that is 370
552552 needed to deem the application properly completed or to 371
553553 determine the sufficiency of the application. 372
554554 4. Before a third request for a dditional information may 373
555555 be made, the applicant must be offered an opportunity to meet 374
556556 with the local government to attempt to resolve outstanding 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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569569 issues. If a local government makes a third request for 376
570570 additional information from the applicant and the ap plicant 377
571571 submits the requested additional information to the local 378
572572 government within 30 days after receiving the request, the local 379
573573 government must, within 10 days after receiving such information 380
574574 unless the applicant waived the local government's limitatio n in 381
575575 writing, determine that the application is complete and: 382
576576 a. Approve the application; 383
577577 b. Approve the application with conditions; or 384
578578 c. Deny the application. 385
579579 5. If the applicant believes the request for additional 386
580580 information is not authorized by ordinance, rule, statute, or 387
581581 other legal authority, the local government, at the applicant's 388
582582 request, must process the application and either approve the 389
583583 application, approve the application with conditions, or deny 390
584584 the application. 391
585585 (c)(b) If a local government fails to meet a deadline 392
586586 provided in paragraphs (a) and (b) paragraph (a), it must reduce 393
587587 the building permit fee by 10 percent for each business day that 394
588588 it fails to meet the deadline. Each 10 -percent reduction shall 395
589589 be based on the original am ount of the building permit fee, 396
590590 unless the parties agree to an extension of time. 397
591591 Section 6. Paragraph (a) of subsection (7) of section 398
592592 553.80, Florida Statutes, is amended to read: 399
593593 553.80 Enforcement. — 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606606 (7)(a) The governing bodies of local governm ents may 401
607607 provide a schedule of reasonable fees, as authorized by s. 402
608608 125.56(2) or s. 166.222 and this section, for enforcing this 403
609609 part. These fees, and any fines or investment earnings related 404
610610 to the fees, shall be used solely for carrying out the local 405
611611 government's responsibilities in enforcing the Florida Building 406
612612 Code. When providing a schedule of reasonable fees, the total 407
613613 estimated annual revenue derived from fees, and the fines and 408
614614 investment earnings related to the fees, may not exceed the 409
615615 total estimated annual costs of allowable activities. Any 410
616616 unexpended balances must shall be carried forward to future 411
617617 years for allowable activities or must shall be refunded at the 412
618618 discretion of the local government. A local government may not 413
619619 carry forward an amount exceeding the average of its operating 414
620620 budget for enforcing the Florida Building Code for the previous 415
621621 4 fiscal years. For purposes of this subsectio n, the term 416
622622 "operating budget" does not include reserve amounts. Any amount 417
623623 exceeding this limit must be used as authorized in subparagraph 418
624624 2. However, a local government that which established, as of 419
625625 January 1, 2019, a Building Inspections Fund Advisory B oard 420
626626 consisting of five members from the construction stakeholder 421
627627 community and carries an unexpended balance in excess of the 422
628628 average of its operating budget for the previous 4 fiscal years 423
629629 may continue to carry such excess funds forward upon the 424
630630 recommendation of the advisory board. The basis for a fee 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643643 structure for allowable activities must shall relate to the 426
644644 level of service provided by the local government and must shall 427
645645 include consideration for refunding fees due to reduced services 428
646646 based on services provided as prescribed by s. 553.791, but not 429
647647 provided by the local government. Fees charged must shall be 430
648648 consistently applied. 431
649649 1. As used in this subsection, the phrase "enforcing the 432
650650 Florida Building Code" includes the direct costs and reasonable 433
651651 indirect costs associated with review of building plans, 434
652652 building inspections, reinspections, and building permit 435
653653 processing; building code enforcement; and fire inspections 436
654654 associated with new construction. The phrase may also include 437
655655 training costs associa ted with the enforcement of the Florida 438
656656 Building Code and enforcement action pertaining to unlicensed 439
657657 contractor activity to the extent not funded by other user fees. 440
658658 2. A local government must use any excess funds that it is 441
659659 prohibited from carrying for ward to rebate and reduce fees, or 442
660660 to pay for the construction of a building or structure that 443
661661 houses a local government's building code enforcement agency or 444
662662 the training programs for building officials, inspectors, or 445
663663 plans examiners associated with the enforcement of the Florida 446
664664 Building Code. Excess funds used to construct such a building or 447
665665 structure must be designated for such purpose by the local 448
666666 government and may not be carried forward for more than 4 449
667667 consecutive years. An owner or builder who has a valid building 450
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680680 permit issued by a local government for a fee, or an association 451
681681 of owners or builders located in the state that has members with 452
682682 valid building permits issued by a local government for a fee, 453
683683 may bring a civil action against the local gov ernment that 454
684684 issued the permit for a fee to enforce this subparagraph. 455
685685 3. The following activities may not be funded with fees 456
686686 adopted for enforcing the Florida Building Code: 457
687687 a. Planning and zoning or other general government 458
688688 activities. 459
689689 b. Inspections of public buildings for a reduced fee or no 460
690690 fee. 461
691691 c. Public information requests, community functions, 462
692692 boards, and any program not directly related to enforcement of 463
693693 the Florida Building Code. 464
694694 d. Enforcement and implementation of any other local 465
695695 ordinance, excluding validly adopted local amendments to the 466
696696 Florida Building Code and excluding any local ordinance directly 467
697697 related to enforcing the Florida Building Code as defined in 468
698698 subparagraph 1. 469
699699 4. A local government must shall use recognized 470
700700 management, accounting, and oversight practices to ensure that 471
701701 fees, fines, and investment earnings generated under this 472
702702 subsection are maintained and allocated or used solely for the 473
703703 purposes described in subparagraph 1. 474
704704 5. The local enforcement agency, indep endent district, or 475
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717717 special district may not require at any time, including at the 476
718718 time of application for a permit, the payment of any additional 477
719719 fees, charges, or expenses associated with: 478
720720 a. Providing proof of licensure under pursuant to chapter 479
721721 489; 480
722722 b. Recording or filing a license issued under pursuant to 481
723723 this chapter; 482
724724 c. Providing, recording, or filing evidence of workers' 483
725725 compensation insurance coverage as required by chapter 440; or 484
726726 d. Charging surcharges or other similar fees not directly 485
727727 related to enforcing the Florida Building Code. 486
728728 Section 7. This act shall take effect July 1, 2022. 487