PLACEMENT: Departmental
TITLE:
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LEGISLATIVE MANDATES AFFECTING BUILDING DEPARTMENT OPERATIONS EFFECTIVE JULY 1, 2026 REQUIRING BOARD ACTION
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EXECUTIVE SUMMARY:
executive summary
Request to revise the permit fee schedule and authorize a Budget Transfer from Building Department Reserves for the Larry Massing Building Department Project to comply with House Bill 803.
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DEPARTMENT: Building
PREPARED BY: Name: Jeff Dougherty
Title: Building Department Director
REQUESTED BY: Jeff Dougherty
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The Building Department (BD) operates to enforce the Florida Building Code (FBC) in accordance with Chapter 553, Florida Statues. The intent of the FBC, which became effective in 2002, is to establish the adoption and enforcement of a statewide uniform building code. It is updated by the Florida Building Commission every three years and the 9th edition will go into effect on January 1, 2027.
The BD funds its operations from customer user fees for the services provided and does not utilize any ad valorem tax money. The use of the revenue generated is limited to the enforcement of the FBC and any excess funds must be utilized and accounted for in accordance with statutory requirements.
The BD charges fees for its services based upon the type of permit application. Historically, the fees have varied greatly based upon numerous parameters including type of construction, quality of construction, number of inspections, price of construction and others. The most recent fee update, based upon valuation, went into effect on November 1, 2025. The valuation is the greater of the applicant’s cost of construction or the value established by the most recent International Construction Code (ICC) data.
House Bill 803, with an effective date of July 1, 2026, requires changes to the code enforcement and financial operation of building departments. Three items requiring Board action are the elimination of the use of building department funds for capital improvements, the elimination of the use of the valuation method to the determination of inspection fees and the processing of waiver applications for specific exempted work on single family homes. The inspection fees must also reflect the actual cost of the service performed.
Therefore, BD is presenting a request for an updated fee schedule and a budget transfer of the capital reserves for the remaining funding of the Larry Massing Building Expansion project which meet the requirements of House Bill 803.
Exhibit A, Fee Schedule, to the Resolution will be attached via Supplemental Memorandum.
ISSUES:
House Bill 803 takes effect July 1, 2026 and includes penalties for noncompliance.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board adopt the Resolution establishing an updated fee schedule for the Building Department.
2. Move that the Board authorize a Budget Transfer from Building Fund Reserves to allocate remaining funding to the Larry Massing Building Expansion Project.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☒Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: