Fox One, LLC v. City of Miami
The Third DCA reversed dismissal of a putative class action seeking refunds of building permitting and inspection fee surpluses under the 2019 amendments to the Florida Building Codes Act, § 553.80(7)(a). The court held that the statute's prohibition on retaining surpluses above a four-year budget average contains no exception for funds accumulated before the July 1, 2019 effective date.
Key facts
- Before July 1, 2019, local governments could carry forward unexpended building permit and inspection fee revenues indefinitely or refund them at their discretion.
- Effective July 1, 2019, the Florida Legislature amended § 553.80(7) to prohibit local governments from retaining surpluses exceeding the average of their operating budgets for enforcing the Florida Building Code over the previous four fiscal years.
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Holdings
- Section 553.80(7)(a) creates only one express exception to the surplus carry-forward prohibition — for municipalities that established a Building Inspections Funds Advisory Board as of…
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