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