Florida HB 1169: Enforcement of the Florida Building Code

Bill Text

CS/CS/HB 1169 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1169-02-c2
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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.; revising the manner in 3
which a local government is required to spend excess 4
funds; providing an effective date. 5
6
Be It Enacted by the Legislature of the State of Florida: 7
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Section 1. Paragraph (a) of subsection (7) of section 9
553.80, Florida Statutes, is amended to read: 10
553.80 Enforcement.— 11
(7)(a) The governing bodies of local governments may 12
provide a schedule of reasonable fees, as authorized by s. 13
125.56(2) or s. 166.222 and this section, for enforcing this 14
part. These fees, and any fines or investment earnings related 15
to the fees, may only be used for carrying out the local 16
government's responsibilities in enforcing the Florida Building 17
Code, including, but not limited to, any process or enforcement 18
related to obtaining or finalizing a building permit. When 19
providing a schedule of reasonable fees, the total estimated 20
annual revenue derived from fees, and the fines and investment 21
earnings related to the fees, may not exceed the total estimated 22
annual costs of allowable activities. Any unexpended balances 23
must be carried forward to future years for allowable activities 24
or must be refunded at the discretion of the local government. A 25

CS/CS/HB 1169 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1169-02-c2
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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

local government may not carry forward an amount exceeding the 26
average of its operating budget for enforcing the Florida 27
Building Code for the previous 4 fiscal years. For purposes of 28
this subsection, the term "operating budget" does not include 29
reserve amounts. Any amount exceeding this limit must be used as 30
authorized in subparagraph 2. However, a local government that 31
established, as of January 1, 2019, a Building Inspections Fund 32
Advisory Board consisting of five members from the construction 33
stakeholder community and carries an unexpended balance in 34
excess of the average of its operating budget for the previous 4 35
fiscal years may continue to carry such excess funds forward 36
upon the recommendation of the advisory board. The basis for a 37
fee structure for allowable activities must relate to the level 38
of service provided by the local government and must include 39
consideration for refunding fees due to reduced services based 40
on services provided as prescribed by s. 553.791, but not 41
provided by the local government. Fees charged must be 42
consistently applied. 43
1. As used in this subsection, the phrase "enforcing the 44
Florida Building Code" includes the direct costs and reasonable 45
indirect costs associated with review of building plans, 46
building inspections, reinspections, and building permit 47
processing; building code enforcement; and fire inspections 48
associated with new construction. The phrase may also include 49
training costs associated with the enforcement of the Florida 50

CS/CS/HB 1169 2026

CODING: Words stricken are deletions; words underlined are additions.
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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

Building Code and enforcement action pertaining to unlicensed 51
contractor activity to the extent not funded by other user fees. 52
2. A local government must use any excess funds that it is 53
prohibited from carrying forward to rebate and reduce fees, to 54
upgrade technology hardware and software systems to enhance 55
service delivery, to pay for the construction of a building or 56
structure that houses a local government's building code 57
enforcement agency, or for training programs for building 58
officials, inspectors, or plans examiners associated with the 59
enforcement of the Florida Building Code. Excess funds used to 60
construct such a building or structure must be designated for 61
such purpose by the local government and may not be carried 62
forward for more than 4 consecutive years. An owner or a builder 63
who has a valid building permit issued by a local government for 64
a fee, or an association of owners or builders located in this 65
the state that has members with valid building permits issued by 66
a local government for a fee, may bring a civil action against 67
the local government that issued the permit for a fee to enforce 68
this subparagraph. 69
3. The following activities may not be funded with fees 70
adopted for enforcing the Florida Building Code: 71
a. Planning and zoning or other general government 72
activities not related to obtaining a building permit. 73
b. Inspections of public buildings for a reduced fee or no 74
fee. 75

CS/CS/HB 1169 2026

CODING: Words stricken are deletions; words underlined are additions.
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