CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...nion 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. 4 This office was asked whether the city could use building permit and inspection fees imposed pursuant to section
166.222 , to construct a building that would in part house the city's building and zoning department....
...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.
166.222 and this section, for the enforcement of the provisions of this part [Part IV, Ch....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
...Hernandez Coral Gables City Attorney Post Office Box 141549 Coral Gables, Florida 33114-1549 Dear Ms. Hernandez: You ask substantially the following question: May the City of Coral Gables use the 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? In sum: The City of Coral Gables may not use the 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. Section
166.222 , Florida Statutes, authorizes a municipality to adopt a schedule of reasonable inspection 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 ....
...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....
...Both statutes provide that the fees imposed are to defray the costs of inspection and enforcement of the building code. While the construction of a municipal building that will house, among other city agencies, the city's building department may be related to and complement the implementation of section 166.222 , it is does not appear to be a cost incurred to inspect and enforce the provisions of its building code....
...the operation of a state statute, the doubt must be resolved in favor of the statute and against the ordinance. 5 Accordingly, I am of the opinion that the City of Coral Gables may not use the 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....
