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HomeMy WebLinkAboutR-2026-083 Building Permit Fee Amendment HB399RESOLUTION NO. 2026-083 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REVISING THE SCHEDULE OF BUILDING PERMIT AND OTHER DEPARTMENT FEES, PURSUANT TO ARTICLE I, SECTION 8-3, “BUILDING PERMIT FEES” OF CHAPTER 8, “BUILDING” OF THE CITY CODE OF ORDINANCES TO REFLECT THAT THE CITY IS CONDUCTING A FEE ANALYSIS TO COMPLY WITH STATE LAW, WHICH MAY RESULT IN A AN AFTER THE FACT PARTIAL FEE REIMBURSEMENT AFTER JULY 1, 2026; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach, Florida, is authorized by state law to enact user fees commensurate with the cost to the City of providing services, in such amounts as are necessary for the conduct of municipal government and affairs; and WHEREAS, on February 23, 2021, the City adopted Resolution No. 2021-021 which updated the City’s existing fee schedule to include “Building Permit Fees” and “Land Development and Application Fees”; and WHEREAS, the City of Dania Beach Code of Ordinances, pursuant to Section 8-3, “Building Permit Fees” of Chapter 8, “Building”, authorizes the City to establish permit fees; and WHEREAS, House Bill 399, was adopted by the state Legislature and signed by the governor, and created Chapter No. 2026-7, which amended Florida Statutes, Chapter 166, as it relates to land use, zoning and building permit fees and is effective July 1, 2027; and WHEREAS, the bill requires application fees for development permits to be reasonably related to the costs associated with processing the application and prohibits fees based on a percentage of project costs; and WHEREAS, the City is undertaking a study of its fees to ensure that the fees are reasonably related to the costs associated with processing the application and ensuring that the fees are not based upon a percentage of project costs; and WHEREAS, the City shall continue to use its current fee schedule while conducting the study; and WHEREAS, the City is amending its fee code to acknowledge that due to the study, a refund may issue for fees paid after July 1, 2026; and RESOLUTION #2026-083 WHEREAS, the proposed amendment is in an abundance of caution in order to ensure compliance with Chapter No. 2026-7, and to provide the community with the understanding that if the fee is not justified as reasonably related to the costs associated with processing the application, then the fee difference between the reasonably related cost and the prior established fee will be refunded to the applicant within 30 days of the completion of the study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. The City is amending its fee code to acknowledge that due to the study, a refund may issue for fees paid after July 1, 2026. This amendment to the fee schedule ensures compliance with Chapter No. 2026-7, and to provide the community with the understanding that if the fee study indicates that the current fee is not reasonably related to the costs associated with processing the application, then the difference between the reasonably related cost and the prior established fee will be refunded to the applicant within 30 days of the completion of the study. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 23, 2026. Motion by Commissioner Lewellen second by Vice Mayor Salvino. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURES ON THE FOLLOWING PAGE RESOLUTION #2026-083 ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY