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Item J9 J9 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting October 16, 2024 Agenda Item Number: J9 2023-3173 BULK ITEM: Yes DEPARTMENT: Building and Permitting TIME APPROXIMATE: STAFF CONTACT: Ed Koconis N/A AGENDA ITEM WORDING: A Resolution amending Resolution No. 262-2024, the Permitting Fee Schedule; to Correct a Scrivener's Error Related to Fire Fees for Commercial Projects from $12.06 to $10.21 per $1,000 Project Value in the $100,000 - $299,000 Project Value Band; and Providing for an Implementation Date. ITEM BACKGROUND: Resolution No. 262-2024 was passed and approved by the BOCC on August 21, 2024, however a scrivener's error was discovered in one of the fees, that being Fire fees for commercial projects in the project value band of$100,000 - $299,000 on a per $1,000 Project Value base. To date only one such application has been identified and this incorrect fee has not been charged as these fees are not due prior to permit issuance. Staff is requesting that the scrivener's error be corrected through the proposed resolution. All other fees as adopted in Resolution No. 262-2024 remain the same. PREVIOUS RELEVANT BOCC ACTION: On August 21, 2024 the BOCC passed and adopted Resolution No. 262-2024 which increased fees based on the Consumer Price Index for all Urban Consumers (CPI-U) for FY25, effective on all applications submitted on or after October 1, 2024. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: D FT_Resolution_Correcting_Scrivener_s_Error_on_Resolution_262-2024.pdf 4753 FINANCIAL IMPACT: N/A 4754 2 3 MONROE COUNTY, FLORIDA 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 5 RESOLUTION NO. -2024 6 7 A RESOLUTION AMENDING RESOLUTION NO. 262-2024, THE 8 PERMITTING FEE SCHEDULE; TO CORRECT A SCRIVENER'S ERROR 9 RELATED TO FIRE FEES FOR COMMERCIAL PROJECTS FROM 10 $12.06 TO $10.21 PER $1,000 PROJECT VALUE IN THE $100,000 - 11 $299,000 PROJECT VALUE BAND; AND PROVIDING FOR AN 12 IMPLEMENTATION DATE 13 14 15 WHEREAS, the County protects life and safety through review of construction 16 plans and inspection of construction work as provided by the Florida Building Code; and 17 18 WHEREAS, these services provided by the County are engaged at the discretion 19 of applicants and for the benefit of applicants; and 20 21 WHEREAS, the Monroe County Board of County Commissioners wish to provide 22 the citizens of the County with the best possible service in the most cost effective and 23 reasonable manner; and 24 25 WHEREAS, the Board finds that it would be in the best interests of the public to 26 charge costs for services, thereby placing the burden of such costs directly upon those 27 parties deriving the benefit from such services; and 28 29 WHEREAS, the updated fee schedule prepared by the Building Department for 30 providing these services includes the estimated direct costs associated with the review 31 and processing of applications for permits issued by the County; and 32 33 WHEREAS, Resolution 262-2024 included a scrivener's error whereby the Fire 34 related fees for commercial projects was entered as $12.06 and the correct amount 35 should have been $10.21 per$1,000 of Project Value in the $100,000 - $299,000 Project 36 Value Band as shown in section (C) 2. on Line 130 of this resolution and the staff is 37 correcting this to be consistent with the CPI-U for FY24 as passed and adopted through 38 Resolution 262-2024; and 39 40 WHEREAS, all other fees as adopted pursuant to Resolution 262-2024 will remain 41 the same; and 42 43 WHEREAS, the Board heard testimony and evidence presented as to the 44 appropriate fee schedule. Page 1 of 10 4755 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 47 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 48 49 Section 1. The foregoing recitals are hereby incorporated as if fully stated herein. 50 51 Section 2. Pursuant to Monroe County Code, the following building permit fees (and 52 Floodplain and Developmental permit fees) were amended from those 53 implemented in Resolution 262-2024 and are hereby established: (All 54 applicable fees within this Fee Schedule are subject to Florida Permit 55 Surcharge Program Fees as per F.S. 553.721 and F.S. 468.631, which shall 56 be applied to all Building Permits at Issuance.) 57 58 (A) BUILDING PERMIT APPLICATION FEES: 59 60 1. Upon submission of application: 61 a. Valuation-based permit jobs valued at $5,000 or more require fifty percent 62 (50%) of the building permit fee due, with remaining balance of building 63 permit fee plus one hundred percent (100%) of planning, environmental, 64 and/or fire fee as applicable due at issuance. 65 b. Permit jobs valued at less than $5,000 require one hundred percent (100%) 66 of the fee due. 67 2. Job value will be based upon the submitted, legitimate contract price or 68 ICC/Construction Costs Valuation manuals. 69 70 (B) RESIDENTIAL BUILDING PERMIT FEES: 71 1. Sewer and Alarm Permits a. Sewer Lateral and Grinder Pump (Electric) Permits $70.00 associated with Sewer Lateral Permits (fee includes plumbing, electric, code compliance fee, education fee, technology and document processing fee, DBPR and DEO fees and is exempt from PRP fees, although PRP review may be required) b. Low Voltage Alarm System permits $40.00 72 73 2. For all other residential construction projects valued at less than $5,000, fees 74 for construction shall be based on the flat rates below. 75 Residential Fee per Application -Job Value <$5,000 Building Permits Building Planning Environmental Fire Total under$5,000 Residential $208.00 $7.00 $14.00 - $229.00 76 77 3. For residential construction projects valued at $5,000 or more, fees for 78 construction shall be based on the rates below and the applicant shall only be 79 assessed the fees for those disciplines which are deemed necessary for code Page 2 of 10 4756 80 compliance. In the event a particular discipline review is not required for code 81 compliance, the applicant shall not be assessed the rate of that particular 82 discipline. For example, in the event only a Building review is deemed necessary 83 to ensure a particular application complies with Monroe County Code, the 84 applicant shall not be assessed the fee for Planning and Environmental. 85 a. A project whose value exceeds the lowest value band shall be priced based 86 on value in band 1 times rate for band 1 plus the value in the next highest 87 band times the rate for that higher band. 88 b. Building fees shall be applied as follows: 89 i. The rate table below itemizes the maximum Building fee, which 90 includes all 5 building discipline reviews (Structural, Electrical, 91 Mechanical, Plumbing, and Flood disciplines). 92 ii. If no Building disciplines are involved in reviewing the permit, the 93 permit will be charged 25% of the maximum Building fee for 94 processing and application costs. 95 iii. If less than 5 building disciplines are involved, the permit will be 96 charged an additional 15% of the maximum Building fee (over the 97 25% for processing and application costs) for each of the Building 98 disciplines involved in reviewing the permit. 99 RESIDENTIAL PERMITS Job Value $5,000 or More PROJECT VALUE Permit Cost per$1,000 Project Value Band From To Building Planning Environmental Fire Total 1 $5,000 $99,999 $41.59 $8.94 $9.90 $0.00 $60.43 2 $100,000 $299,999 $17.96 $5.14 $4.84 $0.00 $27.94 3 $300,000 $999,999 $12.63 $3.11 $2.62 $0.00 $18.37 4 $1,000,000 + $10.83 $3.25 $0.97 $0.00 $15.05 100 101 4. For residential projects which require plan review by Fire, including, but not 102 limited to, modular homes and community developments, the fees in Section (C) 103 shall apply. 104 105 (C) COMMERCIAL BUILDING PERMIT FEES: 106 107 1. For commercial construction projects valued at less than $5,000, fees for 108 construction shall be based on the flat rates below. 109 Commercial Fee per Application-Job Value<$5,000 Building Permits Building Planning Environmental Fire Total under$5,000 Commercial $208.00 $7.00 $14.00 $14.00 $243.00 110 111 2. For commercial construction projects valued at $5,000 or more, fees for 112 construction shall be based on the rates below and the applicant shall only be 113 assessed the fees for those disciplines which are deemed necessary for code 114 compliance. In the event a particular discipline review is not required for code Page 3 of 10 4757 115 compliance, the applicant shall not be assessed the rate of that particular 116 discipline. For example, in the event only a Building review is deemed necessary 117 to ensure a particular application complies with Monroe County Code, the 118 applicant shall not be assessed the fee for Planning and Environmental. 119 a. A project whose value exceeds the lowest value band shall be priced based 120 on value in band 1 times rate for band 1 plus the value in the next highest 121 band times the rate for that higher band. 122 b. Building Department fees shall be applied as follows: 123 i. The rate table below itemizes the maximum Building fee, which 124 includes all 5 building discipline reviews (Structural, Electrical, 125 Mechanical, Plumbing, and Flood disciplines). 126 ii. If no Building disciplines are involved in reviewing the permit, the 127 permit will be charged 25% of the maximum Building fee for 128 processing and application costs. 129 iii. If less than 5 building disciplines are involved, the permit will be 130 charged an additional 15% of the maximum Building fee (over the 131 25% for processing and application costs) for each of the Building 132 disciplines involved in reviewing the permit. 133 COMMERCIAL PERMITS Job Value $5,000 or More PROJECT VALUE Permit Cost per$1,000 Project Value Band From To Building Planning Environmental Fire Total 1 $5,000 $99,999 $41.59 $8.94 $9.90 $3.40 $63.83 2 $100,000 $299,999 $17.96 $5.14 $4.84 $10.21 $38.15 3 $300,000 $999,999 $12.63 $3.11 $2.62 $7.54 $25.91 4 $1,000,000 + $10.83 $3.25 $0.97 $6.20 $21.25 134 135 (D) ADDITIONAL FEES APPLIED TO ALL BUILDING PERMITS AT ISSUANCE: 136 1. Code Compliance - Contractor Investigation $11.00 2. Education: a. Building - New Residential or Commercial $25.00 b. Building - All Other Permits (per discipline per $2.00 permit) 137 138 (E) FLOODPLAIN MANAGEMENT FEES: 139 1. Flood Certificate of Compliance $50.00 2. Flood Sale Inspection/Transfer of Ownership $170.00 3. Initial or recertified LOMR; LOMR-F; LOMA; CLOMR; $170.00 CLOMR-F Page 4 of 10 4758 4. Variances to the Floodplain Management Requirements $2,000.00 Application Fee plus Hearing Fees* 5. Appeals (Administrative) Regarding Floodplain $2,000.00 Management Provisions Application Fee plus Hearing Fees* 6. *Hearing Fees. Applicant shall pay half the cost of the hourly rate, travel and expenses of any hearing officer. An estimated amount of one-half of the hearing officer costs as determined by the County Attorney shall be deposited by the applicant along with the application fee and shall be returned to the applicant if unused. If additional costs are incurred the remaining fee due must be paid prior to permit issuance. 7. Appeal of Preliminary Floodplain Maps $5,000.00 Deposit Plus $170.00 Floodplain discipline review Property owners that appeal Preliminary Floodplain maps (on a form provided by the County), that require Monroe County to process and/or review and issue a technical opinion stating whether the evidence presented is sufficient to justify an appeal on behalf of such permits by the County in accordance with Part 67.6 of the NFIP regulations shall bear the cost of the technical review being performed by a consultant hired for such reviews. At the request of the Floodplain Administrator Applicants shall be required to deposit a fee of$5,000.00 into an escrow account to cover the cost of experts hired by the Department to review technical data/evidence submitted by the applicant compared to the FEMA Preliminary map data/modeling Any unused funds deposited by the applicant will be returned upon the County forwarding the appeal to FEMA. Monroe County shall obtain an estimate from the consultant they intend to hire to review and/or conduct the technical review and if the cost for the review on behalf of Monroe County is higher than the $5,000.00, applicant shall remit the estimated amount. If, upon review by the technical consultant, the cost for the review is greater than $5,000.00, and only $5,000.00 was initially deposited, applicant shall pay additional fees. 140 141 (F) PLANNING AND ENVIRONMENTAL RESOURCES (DEVELOPMENTAL) FEES: 142 1. Research, minimum fee per hour or fraction thereof $67.00 2. Tree Removal / Tree Trimming / Landscaping — projects $82.00 valued at less than $5,000 3. Tree Removal / Tree Trimming / Landscaping — projects $237.00 valued at $5,000 or more Page 5 of 10 4759 4. Invasive Exotic Vegetation Removal (10 or fewer stems) No Fee / Hazardous Tree Removal 5. Environmental Education for Rip-Rap, Restoration, and $10.00 Canal Restoration permits 6. Permit Referral Process (sent to Fish and Wildlife $802.00 Service) — may affect determination 143 144 (G) MISCELLANEOUS FEES: 145 1. Administrative Appeal of Building Official $2,000.00 a. plus Required Advertising $245.00 2. After Hours Inspections (per hour, two hour minimum) $107.00 3. Contractor Registration *State registered contractors are $50.00 exempt 4. Copies a. Approved Plan Set Reproduction and other copies $5.00 per page larger than 14 inches by 8 '/2 inches b. Other copies not more than 14 inches by 8 '/2 Use legislated fee inches per page (per FS 119.07(4)(a)1. and 2. c. Copies requiring more than 15 minutes of staff time Actual labor cost (per FS 119.07 4 a 3.and d 5. Extensions a. 90-day Permit Application Extension i. First 90-day Extension (per Permit) No Fee ii. Each subsequent 90-day Extension (per Permit) $100.00 b. Legislative Issued Permit Extension No Fee c. Monroe County 180-day Issued Permit Extension $250.00 6. Hurricane Shutters (valued less than $2,500) No Fee 7. Notice to Proceed $976.00 8. Permit Investigations related to closing open/expired permit on a real estate number/ parcel ID: a. Investigation concluding that permit has passed all No Fee required inspections, including those where County did not close permit after inspection(s) b. Investigation requiring review by Building Official, $67.00 Plans Examiners and/or Inspectors, minimum fee per real estate number/parcel ID (up to 1 hour staff time i. Each additional Hour of staff time or fraction $67.00 thereof, per real estate number/ parcel ID c. Permit Investigations not related to closing open / $67.00 expired permit on a real estate number / parcel ID, minimum fee per hour or fraction thereof Page 6 of 10 4760 9. First failed inspection (per inspection code) No Fee 10.Reinspection - Each subsequent failed reinspection (per $100.00 inspection code 11.Reopen permit (per discipline) $67.00 12.Revision — New or Replacement Building Valuation-based (Section B or C, with applicable items from D and/or G) at issuance. However, if any and all revisions are submitted within three years of the original permit issuance date, then 50% of the original fees from Section B. or C. shall be credited toward the revision fees; however in no case shall a refund be provided. 13.Revision — Not New or Replacement Building shall be Valuation-based based on the value of the revision only and the value of (Section B or C, the revision shall not be added back to the original permit with applicable valuation with a recalculation of all disciplines. items from D and/or G) for any and all additional work at issuance. In no case shall a refund be provided. 14.Corrections (to applications) No Fee 15.Temporary Construction Trailer $268.00 per trailer 16.Temporary Use / Temporary Tent $67.00 permit fee and an additional $67.00 per tent 17.Work commencing before permit issuance 100% penalty above the applicable valuation-based fee or flat fee for Page 7 of 10 4761 the work, plus code check compliance fees 18.Private Provider Fee Credit —A credit of 50% of the Valuation-based Permit fees for projects valued at $5,000 or more shall (Section B or C) be given toward applicable fees charged under Section (B) (3) or (C) (2) for projects that indicate they will use private provider for inspections AND plan review prior to submitting an application for permitting. A credit of 25% of the Permit fees for projects valued at $5,000 or more shall be given toward applicable fees charged under Section (B) (3) or (C) (2) for projects that indicate they will use private provider for inspections OR plan review prior to submitting an application for permitting. If a project indicates they will use private provider in advance of the permit application and decides not to continue using a private provider after construction starts, they will owe the full permit fee prior to the County plans examiners or inspectors pursuing work under the permit. 19.Temporary Certificate of Occupancy/ Completion $100.00 20.Building Safety Inspection Program (BSIP) a. Processing of each original application $414.00 b. Processing of each subsequent decennial $414.00 application c. Each and every required re-review(s) of original or $103.00 subsequent decennial application d. Time extension request for original or subsequent $103.00 decennial application 146 147 Section 3. Fee schedules are provided for applicant convenience, but County staff 148 shall be responsible for confirming the facts of each application and the 149 amount of fees due, with the Building Official making the final decision. 150 151 Section 4. All applications for permits shall pay the amount confirmed by the County 152 prior to and as a condition of issuance of the permit. Fees that accumulate 153 after permit issuance shall be collected prior to Certificate of Occupancy or 154 prior to the permit being closed/completed, if applicable. 155 156 Section 5. Staff are directed to cancel uncollectable fees from permits in the system 157 after a permit is void or closed/completed if fees are determined to be Page 8 of 10 4762 158 uncollectable by the written determination of the Building Official with written 159 concurrence from the Planning Director. 160 161 Section 6. Termination of the related construction work prior to completion shall not 162 entitle the applicant to a refund of fees paid. 163 164 Section 7. Projects of an infrequent or unusual nature that are not otherwise addressed 165 in this resolution shall be subject to an estimate of permit fees by County 166 staff as needed. 167 168 Section 8. The fees established in this resolution shall be applicable through 169 September 30, 2025. Thereafter, annually, beginning October 1 of each 170 following year, they shall be adjusted by the percentage change in the CPI 171 from the previous year; except for those in Section 2. (B) 1, (D), (E) 1, 2, 3, 172 6 and 7, (F) 5, (G)1a., 3, 4, 5, 7, 10, 19, and all other No Fee and Valuation- 173 based items. Every four to five years, the County will adjust fees based on 174 the most current appropriations applicable to provide development approval 175 services as conditions merit. 176 177 Section 9. Resolution No. 262-2024 is hereby rescinded. 178 179 Section 10. The staff is hereby directed to implement these fees on all applications 180 submitted on or after October 1, 2024. 181 182 Section 11. The Clerk of the Court is hereby directed to forward one (1) certified copy 183 of this Resolution to the Building Department. 184 185 186 187 PASSED AND ADOPTED by the Board of County Commissioners of Monroe 188 County, Florida, at a regular meeting held on the day of , 2024. 189 Mayor Holly Merrill Raschein Mayor Pro Tern James Scholl Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner David Rice 190 191 192 BOARD OF COUNTY COMMISSIONERS 193 OF MONROE COUNTY, FLORIDA 194 195 196 BY: 197 Mayor Holly Merrill Raschein 198 199 200 (SEAL) Page 9 of 10 4763 201 ATTEST: KEVIN MADOK, CLERK 202 203 By 204 Deputy Clerk 205 206 207 MONROE COUNTY ATTORNEY'S OFFICE 208 APPROVED AS TO FORM 209 210 211 212 KELLY DUGAN 213 ASSISTANT COUNTY ATTORNEY Page 10 of 10 4764