Title
ORDINANCE NO. 26o-06-122: AN ORDINANCE OF THE CITY OF COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA, AMENDING THE CITY’S LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 6 “BUILDINGS AND BUILDING REGULATIONS,” ARTICLE I “IN GENERAL,” SECTION 6-10 “ENUMERATION OF PERMIT FEES, REGULATION AND INSPECTION FEES” BY REVISING THE FEE SCHEDULES TO COMPLY WITH HOUSE BILL 803; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Body
Request Action:
Staff recommends approval of the proposed ordinance and authorization to implement any associated administrative procedures necessary to ensure compliance with House Bill 803 before its July 1, 2026 effective date. Failure to implement the required changes could expose the City to legal challenges, administrative inefficiencies, and potential conflicts with state law.
Need Summary Explanation/ Background:
City staff has an ordinance amending Chapter 6 of the City Code and related administrative updates to address the requirements of House Bill 803 and maintain compliance with state law. The proposed ordinance restructures the City's building permit fee schedule to align with the new statutory requirements, including the elimination of construction-value-based permit fees and the implementation of a cost-recovery approach for plan review, inspection, and administrative services.
Because these statutory changes become effective July 1, 2026, the City must review and amend its Code of Ordinances, administrative policies, permit procedures, fee schedules, and related development regulations to ensure compliance with state law. One of the most significant changes required by House Bill 803 relates to the assessment of building permit fees. Historically, permit fees have often been based, in whole or in part, on the value of construction. HB 803 prohibits local governments from basing inspection fees on total project cost and requires that permit-related fees more closely reflect the actual costs incurred by the local government for plan review, inspections, and administrative services.
To comply with these requirements, the proposed ordinance amends the City's building permit fee schedule by:
-Eliminating permit fee calculations based on construction value.
-Separating plan review and inspection functions into distinct cost-recovery categories.
-Establishing permit review and inspection deposits based on project type, including single-family residential, multifamily residential, and nonresidential projects.
-Revising administrative fees to reflect actual services provided by City staff.
-Updating certificate of occupancy and certificate of completion fees.
-Removing or modifying fee provisions that may conflict with the requirements of H.B. 803.
These amendments are intended to ensure that the City's fee structure remains legally compliant while allowing the City to recover the actual costs associated with permit review, inspections, and related administrative services.
Cost Summary/ Fiscal Impact:
In FY2025, the City's Building Division processed 2,079 permits, and collected fees in the amount of nearly $3 million ($2,954,692), the changes to the statues will likely result in less fees collected, but the exact number is yet to be determined.
Attachments:
Ordinance
Attachment A - House Bill 803
Attachment B - House Bill Analysis
Budget Code Number(s): __________________________________
Procurement Information: [check all that apply]
[ ] RFP/Bid [ ] Emergency Purchase [ ] SBE
[ ] Proposal/Quote [ ] State Grant Funds [ ] Local Preference
[ ] Piggyback Contract [ ] Federal Grant Funds
[ ] Sole Source [ ] Matching Required