Account for electronic remittance of the surcharge in the rule and eliminate exclusions from the surcharge without statutory support.

DEPARTMENT OF COMMUNITY AFFAIRS
Division of Housing and Community Development

RULE NO: RULE TITLE
9B-62.002: Definitions
9B-62.003: Building Permit Surcharge Collection and Remittance
PURPOSE AND EFFECT: Account for electronic remittance of the surcharge in the rule and eliminate exclusions from the surcharge without statutory support.
SUMMARY: Account for electronic remittance of the surcharge in the rule and eliminate exclusions from the surcharge without statutory support.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 553.721 FS.
LAW IMPLEMENTED: 553.721 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 11, 2009, 10:00 a.m.
PLACE: Kelley Training Room, Third Floor, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

9B-62.002 Definitions.

Rulemaking Specific Authority 553.721 FS. Law Implemented 553.721 FS. History–New 11-19-95, Repealed_______.

 

9B-62.003 Building Permit Surcharge Collection and Remittance.

(1) Operating Trust Fund Fee Collection. A surcharge of one-half cent per square foot shall be assessed on new construction and on additions, alterations, or renovations to existing buildings for which a county or municipality normally issues building permits and charges a permit fee. For new construction, the surcharge shall be computed on the under-roof floor space. For additions, the surcharge shall be computed on the under-roof floor space being added. For alterations or renovations, the surcharge shall be computed on the under-roof floor space for which the occupancy classification has changed or on the increase in conditioned or habitable space.

(2) Exclusions. The following are excluded from the Operating Trust Fund surcharge fee collections:

(a) Recreational vehicles;

(b) Mobile or manufactured homes, as defined by the United States Department of Housing and Urban Development, which are constructed in accordance with the Federal Mobile Home Construction and Safety Standards. However, when a mobile or manufactured home has an addition, alteration, or renovation which is subject to the locally adopted building code and meets the minimum requirements of subsection 9B-62.003(1), F.A.C., the addition, alteration, or renovation is not excluded;

(c) Accessory structures or buildings which do not have conditioned floor area. Examples of accessory structures include utility buildings and sheds, freestanding carports, boathouses, structures that solely house electrical and mechanical equipment, non-residential farm buildings on farms, and temporary buildings or sheds used exclusively for construction purposes;

(d) Buildings for which permits are otherwise normally exempted from permit fees by the municipality or county.

(1)(3) Remittance of the Operating Trust Fund Surcharge Fees. All municipalities and counties that collect fees for the operating trust fund pursuant to Section 553.721, Florida Statutes, shall remit and report those funds, less 5% to be retained by the collecting agency, to the Department of Community Affairs no later than 30 days after the calendar quarter. Reports shall be submitted using the Building Code Information System website located, as specifically related to surcharge collection, at www.floridabuilding.org/sc/sc_default.aspx on Department Form 62, October 95, which is herein incorporated by reference and which is available from the Department.

(2) Form number 9B-62, Surcharge Detail, effective July 1, 2009, a screen shot from the Building Code Information System, is adopted by reference for use in conjunction with remittance of the surcharge. A paper copy of the screen shot is available by writing to the Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399.

Rulemaking Specific Authority 553.721 FS. Law Implemented 553.721 FS. History–New 11-19-95, Amended_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Building Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 5, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 20, 2009