Bill Text: FL S0802 | 2013 | Regular Session | Comm Sub
Bill Title: Department of Business and Professional Regulation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/HB 57 (Ch. 2013-187) [S0802 Detail]
Download: Florida-2013-S0802-Comm_Sub.html
Florida Senate - 2013 CS for CS for SB 802
By the Committees on Appropriations; and Regulated Industries;
and Senator Hays
576-04658-13 2013802c2
1 A bill to be entitled
2 An act relating to the Department of Business and
3 Professional Regulation; amending s. 489.140, F.S.;
4 clarifying funding requirements for the Florida
5 Homeowners’ Construction Recovery Fund; amending s.
6 468.631, F.S.; authorizing the department to transfer
7 certain funds from the Florida Building Code
8 Administrators and Inspectors Board to the Florida
9 Homeowners’ Construction Recovery Fund; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 489.140, Florida Statutes, is amended to
15 read:
16 489.140 Florida Homeowners’ Construction Recovery Fund.
17 There is created the Florida Homeowners’ Construction Recovery
18 Fund as a separate account in the Professional Regulation Trust
19 Fund. The recovery fund shall be funded out of the receipts
20 deposited in the Professional Regulation Trust Fund from the
21 one-half cent per square foot surcharge on building permits
22 collected and disbursed pursuant to s. 468.631.
23 Section 2. Subsection (1) of section 468.631, Florida
24 Statutes, is amended to read:
25 468.631 Building Code Administrators and Inspectors Fund.—
26 (1) This part shall be funded through a surcharge, to be
27 assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of
28 1.5 percent of all permit fees associated with enforcement of
29 the Florida Building Code as defined by the uniform account
30 criteria and specifically the uniform account code for building
31 permits adopted for local government financial reporting
32 pursuant to s. 218.32. The minimum amount collected on any
33 permit issued shall be $2. The unit of government responsible
34 for collecting permit fees pursuant to s. 125.56 or s. 166.201
35 shall collect such surcharge and shall remit the funds to the
36 department on a quarterly calendar basis beginning not later
37 than December 31, 2010, for the preceding quarter, and
38 continuing each third month thereafter; and such unit of
39 government shall retain 10 percent of the surcharge collected to
40 fund the participation of building departments in the national
41 and state building code adoption processes and to provide
42 education related to enforcement of the Florida Building Code.
43 There is created within the Professional Regulation Trust Fund a
44 separate account to be known as the Building Code Administrators
45 and Inspectors Fund, which shall deposit and disburse funds as
46 necessary for the implementation of this part. The proceeds from
47 this surcharge shall be allocated equally to fund the Florida
48 Homeowners’ Construction Recovery Fund established by s. 489.140
49 and the functions of the Building Code Administrators and
50 Inspectors Board. The department may transfer excess cash to the
51 Florida Homeowners’ Construction Recovery Fund that it
52 determines is not required to fund the board from the board’s
53 account within the Professional Regulation Trust Fund. However,
54 the department may not transfer excess cash that would exceed
55 the amount appropriated in the General Appropriations Act, and
56 any amount approved by the Legislative Budget Commission
57 pursuant to s. 216.181, to be used for the payment of claims
58 from the Florida Homeowners’ Construction Recovery Fund.
59 Section 3. This act shall take effect October 1, 2013.
