Fiscal Year 2010-2011 Appropriations/Expenditures

The Legislature appropriates funding authority for the Department of Community Affairs/Florida Building Commission in the following categories. These categories require both authority and cash:

1) Salaries $ 958,700

2) Other Contractual Services (OPS) 1,183,413

3) Expense 325,568

4) Other 370,198

Total Appropriation $2,837,834

The Legislature does not appropriate funding authority for the “overhead” category, Indirect Charges and Service Charges to General Revenue. The Office of Policy and Budget (OPB) provides the Department non-operating authority to use for recording indirect costs. Service Charges to General Revenue are 7.5% of all fees collected.

Overhead $ 574,914

The appropriation is provided in a lump sum for each of the four categories listed above. The Department distributes the Salary appropriation based on the percentage of staff assigned to each Program. Appropriation in remaining categories are distributed by coding a percentage of the expenses that directly impact each Program i.e., Florida Building Code, Product Approval, Manufactured Building, etc.

Accessibility Waivers

553.512 Modifications and waivers; advisory council.—

(1) The Florida Building Commission shall provide by regulation criteria for granting individual modifications of, or exceptions from, the literal requirements of this part upon a determination of unnecessary, unreasonable, or extreme hardship, provided such waivers shall not violate federal accessibility laws and regulations and shall be reviewed by the Accessibility Advisory Council. The commission shall establish by rule a fee to be paid upon submitting a request for a waiver as provided in this section.

Salary appropriation based on the percentage of staff assigned to Accessibility Waivers (2%). Appropriation in remaining categories is distributed by coding a percentage of the expenses that directly impact Accessibility Waivers.

Estimated Fiscal Year 2010-2011 Expenditures: $59,184.68

Number of Waiver Applications Processed Fiscal Year 2009-2010: 88

Estimated Cost Per Waiver Application $ 672.56

NOTE: The estimated expenditures for FY 2010-2011 are based on past expenditures required to fund the Accessibility Advisory Council. After the Florida Accessibility Code Workgroup is concluded, the Department has the opportunity to conduct the Accessibility Advisory Council meetings via teleconference/webinars, which can further reduce the estimated expenditures by approximately $10,000 each year. $49,185/88=$558.92 estimated cost per waiver application

Declaratory Statements

Section 553.775(4), Florida Statutes

In order to administer this section, the commission may adopt by rule and impose a fee for filing requests for declaratory statements and binding and nonbinding interpretations to recoup the cost of the proceedings which may not exceed $125 for each request for a nonbinding interpretation and $250 for each request for a binding review or interpretation. For proceedings conducted by or in coordination with a third party, the rule may provide that payment be made directly to the third party, who shall remit to the department that portion of the fee necessary to cover the costs of the department.

Salary appropriation based on the percentage of staff assigned to Declaratory Statements (2%). Appropriation in remaining categories is distributed by coding a percentage of the expenses that directly impact Declaratory Statements.

Estimated Fiscal Year 2010-2011 Expenditures: $47,793.31

Number of Declaratory Statements Processed Fiscal Year 2009-2010: 34

Estimated Cost Per Declaratory Statement $ 1,405.68

Nonbinding Opinions

Section 553.775(4), Florida Statutes

In order to administer this section, the commission may adopt by rule and impose a fee for filing requests for declaratory statements and binding and nonbinding interpretations to recoup the cost of the proceedings which may not exceed $125 for each request for a nonbinding interpretation and $250 for each request for a binding review or interpretation. For proceedings conducted by or in coordination with a third party, the rule may provide that payment be made directly to the third party, who shall remit to the department that portion of the fee necessary to cover the costs of the department.

Section 553.775(3)(h), Florida Statutes

The commission shall by rule establish an informal process of rendering nonbinding interpretations of the Florida Building Code. The commission is specifically authorized to refer interpretive issues to organizations that represent those engaged in the construction industry. The commission shall immediately implement the process before completing formal rulemaking. It is the intent of the Legislature that the commission create a process to refer questions to a small, rotating group of individuals licensed under part XII of chapter 468, to which a party may pose questions regarding the interpretation of code provisions. It is the intent of the Legislature that the process provide for the expeditious resolution of the issues presented and publication of the resulting interpretation on the Building Code Information System. Such interpretations shall be advisory only and nonbinding on the parties and the commission.

Salary appropriation based on the percentage of staff assigned to Nonbinding Opinions. (1%) Appropriation in remaining categories is distributed by coding a percentage of the expenses that directly impact Nonbinding Opinions.

Estimated Fiscal Year 2010-2011 Expenditures: $23,453.81

Number of Nonbinding Opinions Processed Fiscal Year 2009-2010: 203

Estimated Cost Per Nonbinding Opinion $ 118.12

The issue is whether the fee for Nonbinding Opinions is collected by the Department or directly by the vendor. If collected by DCA, approximately $118 of the $125 fee will be used to cover DCA’s administrative costs, leaving only $6.88 per application for the contractor.