Florida 2025 Regular Session

Florida House Bill H1477 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1477 2025
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10	10	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	14	A bill to be entitled 1
15	15	An act relating to enforcement of the Florida Building 2
16	16	Code; amending s. 553.80, F.S.; requiring that local 3
17	17	governments use certain excess funds from fees 4
18	18	collected from the enforcement of the Florida Building 5
19	19	Code to perform necessary services or repairs on their 6
20	20	stormwater management systems; prohibiting state funds 7
21	21	from being used by a local government for that purpose 8
22	22	if the local government has such exc ess funds; 9
23	23	prohibiting local governments from receiving state 10
24	24	funds through a local funding initiative; providing an 11
25	25	exception; providing that a local government is not 12
26	26	eligible for additional state funds if it has been 13
27	27	subject to a legislative committee's audit within a 14
28	28	specified timeframe or if it fails to submit the 15
29	29	affirmation to the legislative delegation; requiring 16
30	30	each legislative committee to report such local 17
31	31	governments to the presiding officers and the 18
32	32	appropriations chairs; providing an effectiv e date. 19
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34	34	Be It Enacted by the Legislature of the State of Florida: 21
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36	36	Section 1. Paragraph (a) of subsection (7) of section 23
37	37	553.80, Florida Statutes, is amended to read: 24
38	38	553.80 Enforcement. — 25
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47	47	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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51	51	(7)(a) The governing bodies of local governments may 26
52	52	provide a schedule of reasonable fees, as authorized by s. 27
53	53	125.56(2) or s. 166.222 and this section, for enforcing this 28
54	54	part. These fees, and any fines or investment earnings related 29
55	55	to the fees, may only be used for carrying out the local 30
56	56	government's responsibilities in enforcing the Florida Building 31
57	57	Code. When providing a schedule of reasonable fees, the total 32
58	58	estimated annual revenue derived from fees, and the fines and 33
59	59	investment earnings related to the fees, may not exceed the 34
60	60	total estimated annual cos ts of allowable activities. Any 35
61	61	unexpended balances must be carried forward to future years for 36
62	62	allowable activities or must be refunded at the discretion of 37
63	63	the local government. A local government may not carry forward 38
64	64	an amount exceeding the average of its operating budget for 39
65	65	enforcing the Florida Building Code for the previous 4 fiscal 40
66	66	years. For purposes of this subsection, the term "operating 41
67	67	budget" does not include reserve amounts. Any amount exceeding 42
68	68	this limit must be used as authorized in subpa ragraph 2. 43
69	69	However, a local government that established, as of January 1, 44
70	70	2019, a Building Inspections Fund Advisory Board consisting of 45
71	71	five members from the construction stakeholder community and 46
72	72	carries an unexpended balance in excess of the average of its 47
73	73	operating budget for the previous 4 fiscal years may continue to 48
74	74	carry such excess funds forward upon the recommendation of the 49
75	75	advisory board. The basis for a fee structure for allowable 50
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84	84	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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88	88	activities must relate to the level of service provided by the 51
89	89	local government and must include consideration for refunding 52
90	90	fees due to reduced services based on services provided as 53
91	91	prescribed by s. 553.791, but not provided by the local 54
92	92	government. Fees charged must be consistently applied. 55
93	93	1. As used in this subs ection, the phrase "enforcing the 56
94	94	Florida Building Code" includes the direct costs and reasonable 57
95	95	indirect costs associated with review of building plans, 58
96	96	building inspections, reinspections, and building permit 59
97	97	processing; building code enforcement; and f ire inspections 60
98	98	associated with new construction. The phrase may also include 61
99	99	training costs associated with the enforcement of the Florida 62
100	100	Building Code and enforcement action pertaining to unlicensed 63
101	101	contractor activity to the extent not funded by other user fees. 64
102	102	2. A local government must use any excess funds that it is 65
103	103	prohibited from carrying forward to perform necessary services 66
104	104	or repairs on its stormwater management system as defined in s. 67
105	105	403.031. State funds may not be used for such stormwater 68
106	106	management improvements by a local government if the local 69
107	107	government has such excess funds. A local government may not 70
108	108	receive state funds through a local funding initiative request 71
109	109	to its legislative delegation unless it has expended all funds 72
110	110	and has no excess funds for stormwater management improvements. 73
111	111	If a local government determines that such stormwater management 74
112	112	systems do not require services or repairs, it must use such 75
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121	121	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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125	125	excess funds to rebate and reduce fees, to upgrade technology 76
126	126	hardware and software systems to enhance service delivery, to 77
127	127	pay for the construction of a building or structure that houses 78
128	128	a local government's building code enforcement agency, or for 79
129	129	training programs for building officials, inspectors, or plans 80
130	130	examiners associated with the enforcement of the Florida 81
131	131	Building Code. Excess funds used to construct such a building or 82
132	132	structure must be designated for such purpose by the local 83
133	133	government and may not be carried forward for more than 4 84
134	134	consecutive years. Notwithstanding this subparagraph, a local 85
135	135	government is not eligible for additional state funds if such 86
136	136	local government has been subject to a legislative committee's 87
137	137	audit within 1 year after the local government's request or if 88
138	138	such local government does not submit in i ts local funding 89
139	139	initiative request to its legislative delegation. Each 90
140	140	legislative committee shall report a list of all such local 91
141	141	governments to the presiding officers and appropriations chairs. 92
142	142	An owner or a builder who has a valid building permit issue d by 93
143	143	a local government for a fee, or an association of owners or 94
144	144	builders located in this the state that has members with valid 95
145	145	building permits issued by a local government for a fee, may 96
146	146	bring a civil action against the local government that issued 97
147	147	the permit for a fee to enforce this subparagraph. 98
148	148	3. The following activities may not be funded with fees 99
149	149	adopted for enforcing the Florida Building Code: 100
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158	158	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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162	162	a. Planning and zoning or other general government 101
163	163	activities. 102
164	164	b. Inspections of public buildings for a reduced fee or no 103
165	165	fee. 104
166	166	c. Public information requests, community functions, 105
167	167	boards, and any program not directly related to enforcement of 106
168	168	the Florida Building Code. 107
169	169	d. Enforcement and implementation of any other local 108
170	170	ordinance, excluding validl y adopted local amendments to the 109
171	171	Florida Building Code and excluding any local ordinance directly 110
172	172	related to enforcing the Florida Building Code as defined in 111
173	173	subparagraph 1. 112
174	174	4. A local government must use recognized management, 113
175	175	accounting, and oversigh t practices to ensure that fees, fines, 114
176	176	and investment earnings generated under this subsection are 115
177	177	maintained and allocated or used solely for the purposes 116
178	178	described in subparagraph 1. 117
179	179	5. The local enforcement agency, independent district, or 118
180	180	special district may not require at any time, including at the 119
181	181	time of application for a permit, the payment of any additional 120
182	182	fees, charges, or expenses associated with: 121
183	183	a. Providing proof of licensure under chapter 489; 122
184	184	b. Recording or filing a license issued under this 123
185	185	chapter; 124
186	186	c. Providing, recording, or filing evidence of workers' 125
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195	195	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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199	199	compensation insurance coverage as required by chapter 440; or 126
200	200	d. Charging surcharges or other similar fees not directly 127
201	201	related to enforcing the Florida Building Code. 128
202	202	Section 2. This act shall take effect July 1, 2025. 129