125.56 Enforcement and amendment of the Florida Building Code and the Florida Fire Prevention Code; inspection fees; inspectors; etc.—
(1) The board of county commissioners of each of the several counties of the state may enforce the Florida Building Code and the Florida Fire Prevention Code as provided in ss. 553.80, 633.206, and 633.208 and, at its discretion, adopt local technical amendments to the Florida Building Code as provided in s. 553.73(4) and local technical amendments to the Florida Fire Prevention Code as provided in s. 633.202 to provide for the safe construction, erection, alteration, repair, securing, and demolition of any building within its territory outside the corporate limits of any municipality. Upon a determination to consider amending the Florida Building Code or the Florida Fire Prevention Code by a majority of the members of the board of county commissioners of such county, the board shall call a public hearing and comply with the public notice requirements of s. 125.66(2). The board shall hear all interested parties at the public hearing and may then amend the building code or the fire code consistent with the terms and purposes of this act. Upon adoption, an amendment to the code shall be in full force and effect throughout the unincorporated area of such county until otherwise notified by the Florida Building Commission under s. 553.73 or the State Fire Marshal under s. 633.202. This subsection does not prevent the board of county commissioners from repealing such amendment to the building code or the fire code at any regular meeting of such board.
(2) The board of county commissioners of each of the several counties may provide a schedule of reasonable inspection fees in order to defer the costs of inspection and enforcement of the provisions of this act, and of the Florida Building Code and the Florida Fire Prevention Code.
(3) The board of county commissioners of each of the several counties may employ a building code inspector and such other personnel as it deems necessary to carry out the provisions of this act and may pay reasonable salaries for such services.
(4)(a) After adoption of the Florida Building Code by the Florida Building Commission or the Florida Fire Prevention Code by the State Fire Marshal, or amendment of the building code or the fire code as herein provided, it shall be unlawful for any person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any building within the territory embraced by the terms of this act without first obtaining a permit therefor from the appropriate board of county commissioners, or from such persons as may by resolution be directed to issue such permits, upon the payment of such reasonable fees as shall be set forth in the schedule of fees adopted by the board; the board is hereby empowered to revoke any such permit upon a determination by the board that the construction, erection, alteration, repair, securing, or demolition of the building for which the permit was issued is in violation of or not in conformity with the building code or the fire code.
(b) A county that issues building permits shall post each type of building permit application, including a list of all required attachments, drawings, or other requirements for each type of application, on its website. A county must post and update the status of every received application on its website until the issuance of the building permit. Completed applications, including payments, attachments, drawings, or other requirements or parts of the completed permit application, must be able to be submitted electronically to the county building department. Accepted methods of electronic submission include, but are not limited to, e-mail submission of applications in Portable Document Format or submission of applications through an electronic fill-in form available on the building department’s website or through a third-party submission management software. Completed applications, including payments, attachments, drawings, or other requirements or parts of the completed permit application, may also be submitted in person in a nonelectronic format, at the discretion of the building official.
(c) The governing body of a county authorized under this section or s. 553.80 to issue fees shall post its permit and inspection fee schedules and its building permit and inspection utilization report required under s. 553.80(7) on its website.
(d) A county that issues building permits may send a written notice of expiration, by e-mail or United States Postal Service, to the owner of the property and the contractor listed on the permit, no less than 30 days before a building permit is set to expire. The written notice must identify the permit that is set to expire and the date the permit will expire.
(e) A county that issues building permits may charge a person only one search fee, in an amount commensurate with the research and time costs incurred by the county, for identifying building permits for each unit or subunit assigned by the county to a particular tax parcel identification number.
(f) A county that issues building permits must allow requests for inspections to be submitted electronically to the county building department. Acceptable methods of electronic submission include, but are not limited to, e-mail or fill-in form available on the website of the building department or through a third-party submission management software or application that can be downloaded on a mobile device. Requests for inspections may be submitted in a nonelectronic format, at the discretion of the building official.
(g) A county that issues building permits must post its procedures for processing, reviewing, and approving submitted building permit applications on its website.
(5) Any person, firm, or corporation that violates any of the provisions of this section or of the Florida Building Code or the Florida Fire Prevention Code is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Cited 19 times | Published | Florida 4th District Court of Appeal | 1994 WL 486627
...(2) prohibits the owner from using the land for a particular purpose; or (3) places major restrictions on the size, construction or placement of the building which can be erected on the land. [9] The enactment of county building codes is governed by section 125.56, Florida Statutes, which includes separate notice requirements....
...Johns County Clerk of the Court 66 Cuna Street, Suite A St. Augustine, Florida 32084 Dear Mr. Brown: You ask, on behalf of the St. Johns County Clerk, substantially the following question: May the county use the building permit and inspection fees imposed pursuant to section 125.56 , Florida Statutes, to either rent or construct a building that would house the county's building department? The clerk asks this question in his capacity as "clerk and accountant of the board of county commissioners," 1 and as the "ex officio clerk of the board of county commissioners, auditor, recorder, and custodian of all county funds." 2 Section 125.56 (1), Florida Statutes, authorizes the board of county commissioners of each of the several counties of the state to enforce the Florida Building Code and the Florida Fire Prevention Code....
...e Prevention Code." 3 You are aware of this office's opinion in Attorney General Opinion 01-63, in which this office considered a municipality's authority to expend its building inspection funds. The limitation on the inspection fees for counties in section 125.56 (2), Florida Statutes, is substantially similar to that contained in section 166.222 , Florida Statutes....
...d to cover only that portion of the construction or rent directly relating to the enforcement of building and fire prevention codes. Accordingly, I am of the opinion that the county may use the building permit and inspection fees imposed pursuant to section 125.56 , Florida Statutes, to either rent or construct a building that would house the county's building department provided that such fees are used only for that portion of the construction or rental of space directly relating to activities to enforce the building and fire prevention codes....
...129.09 , Fla. Stat. And see Ops. Att'y Gen. Fla. 79-70 (1979); 86-38 (1986); and 97-67 (1997). 3 And see s. 553.80 (1), Fla. Stat., which provides in part: "The governing bodies of local governments may provide a schedule of fees, as authorized by s. 125.56 (2) or s....
...could be statutorily exempt from taxation as that was not a basis
for the trial court’s order, nor did the district court pass upon this
question.
-6-
(g)-(i), (o), (t), (w), (bb), Fla. Stat.; § 125.15, Fla. Stat.; § 125.56, Fla.
Stat....
...spection fees in order to defer the costs of inspection and enforcement of provisions of a municipal building code. In Attorney General Opinion 89-28 this office considered whether a charter county could use the inspection fees collected pursuant to section 125.56 (2), Florida Statutes, to defray the costs associated with the comprehensive plan. Like section 166.222 , Florida Statutes, subsection (2) of section 125.56 authorizes a board of county commissioners to "provide a schedule of reasonable inspection fees in order to defer the costs of inspection and enforcement of . . . any building code adopted pursuant to the terms of this act." 1 This office concluded that the costs of implementing the comprehensive plan, while related to and complementing the implementation of section 125.56 , are not costs incurred to enforce the provisions of section 125.56 or the building code adopted thereunder. Thus, based upon the express terms of the statute, this office concluded that inspection fees imposed pursuant to section 125.56 could not be used to implement the county's comprehensive plan....
...stitutes an unauthorized and unlawful tax in violation of the Florida Constitution. 4 While Attorney General Opinion 89-28 considered a county's authority to expend its building inspection funds, the limitation on the inspection fees for counties in section 125.56 (2), Florida Statutes, is substantially similar to that contained in section 166.222 , Florida Statutes....
...building permit and inspection fees imposed pursuant to section 166.222 , Florida Statutes, to construct a building that would in part house the city's building and zoning department. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 See, s. 125.56 (1), Fla....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
