R26-095 RESOLUTION NO. R26-095
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, ESTABLISHING A TEMPORARY
3 BUILDING PERMIT FEE REBATE PROGRAM FOR STORM-
4 HARDENING IMPROVEMENTS TO HOMESTEADED
5 RESIDENTIAL PROPERTIES; PROVIDING FOR A RETROACTIVE
6 PROGRAM COMMENCEMENT DATE OF MAY 1, 2026;
7 PROVIDING FOR PROGRAM SUNSET ON SEPTEMBER 15, 2026;
8 PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
9 PURPOSES.
10
11 WHEREAS,the City of Boynton Beach ("City") has authority, pursuant to Article VIII, Section
12 2(b), Florida Constitution, and section 166.021, Florida Statutes, to exercise broad home rule
13 powers for municipal purposes, including the establishment of building permit fee rebate
14 programs; and
15 WHEREAS, the City Commission adopts the City's building permit fee schedule annually
16 by resolution, and the Commission is authorized to establish supplemental programs relating to
17 such fees by resolution; and
18 WHEREAS, May is recognized nationally as Building Safety Month, and the City
19 Commission desires to align the commencement of this Program with Building Safety Month to
20 promote awareness of storm-hardening improvements among City residents; and
21 WHEREAS, storm-hardening improvements to residential structures, including roof
22 replacements, impact-resistant windows, and impact-resistant exterior doors, reduce property
23 damage, lower insurance costs, and promote the safety and welfare of City residents; and
24 WHEREAS, the City Commission finds that providing a rebate of City-imposed building
25 permit fees directly to eligible homeowners for qualifying storm-hardening improvements will
26 incentivize such improvements while ensuring that the financial benefit accrues to the property
27 owner rather than to the permitting contractor; and
28 WHEREAS, the City Commission further finds that the Building Code Administrators and
29 Inspectors Fund ("BCAIF") surcharge assessed pursuant to section 468.631, Florida Statutes, at
30 1.5% of applicable permit fees with a minimum of $2.00, and the Department of Business and
31 Professional Regulation ("DBPR")surcharge assessed pursuant to section 553.721, Florida Statutes,
32 at 1.0% of applicable permit fees with a minimum of $2.00, are state-mandated pass-throughs
RESOLUTION NO. R26-095
33 collected by the City on behalf of the State of Florida and are not subject to rebate or waiver by
34 the City; and
35 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
36 best interests of the City's citizens and residents to establish a temporary Building Permit Fee
37 Rebate Program commencing retroactively as of May 1, 2026, and sunsetting at 5:00 pm on
38 September 15, 2026, as more particularly set forth herein,
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
41 BEACH, FLORIDA, THAT:
42 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
43 being true and correct and are hereby made a specific part of this Resolution upon adoption.
44 SECTION 2. Definitions. As used in this Resolution, the following terms shall have the
45 meanings set forth below:
46 (a) "BCAIF Surcharge" means the Building Code Administrators and Inspectors Fund
47 surcharge assessed pursuant to Section 468.631, Florida Statutes, at 1.5% of applicable permit
48 fees, with a minimum fee of $2.00, collected by the City as a pass-through on behalf of the State
49 of Florida.
50 (b) "Covered Property" means a parcel of real property located within the corporate limits
51 of the City of Boynton Beach that is: (i) improved with a homesteaded residential dwelling unit,
52 including a single-family home, townhome, villa, or condominium unit; and (ii) receiving a
53 homestead exemption as of January 1, 2026, as reflected in the records of the Palm Beach County
54 Property Appraiser.
55 (c) "Covered Work" means the following specific storm-hardening improvements to a
so Covered Property for which a building permit is required under the Florida Building Code, where
57 the permit application covers only the listed work and does not include any other improvements:
58 (i) air-conditioning system changeout; (ii) door and/or window replacement; (iii) re-roof; (iv)
59 shutter or hurricane protection installation; and (v) generator installation.
RESOLUTION NO. R26-095
60 (d) "DBPR Surcharge" means the Department of Business and Professional Regulation
61 surcharge assessed pursuant to Section 553.721, Florida Statutes, at 1.0% of applicable permit
62 fees, with a minimum fee of $2.00, collected by the City as a pass-through on behalf of the State
63 of Florida.
64 (e) "Eligible Fees" means City-imposed building permit fees, plan review fees, and
65 inspection fees assessed for Covered Work on a Covered Property, excluding the BCAIF Surcharge
66 and the DBPR Surcharge.
67 (f) "Eligible Homeowner" means the natural person(s)who hold title to a Covered Property
68 and who paid the Eligible Fees directly or whose funds were used to pay the Eligible Fees, as
69 verified by the Building Official. For purposes of this definition, permits pulled by a licensed
70 contractor on behalf of a homeowner are not presumed to constitute payment by the contractor
71 unless the Eligible Homeowner demonstrates that the homeowner directly reimbursed or paid the
72 contractor for the Eligible Fees. Owner-builders who obtain a permit in their own name pursuant
73 to Section 489.103, Florida Statutes, qualify as Eligible Homeowners provided all other
74 requirements of this definition are met.
75 (g) "Program" means the Building Permit Fee Rebate Program established pursuant to this
76 Resolution.
77 (h) "Program Period" means the period commencing retroactively on May 1, 2026, and
78 ending at 5:00 pm on September 15, 2026. Building permits for Covered Work must be applied
79 for during the Program Period. Permits applied for before May 1, 2026, or after 5:00 pm on
80 September 15, 2026, are not eligible for a rebate under this Program.
81 SECTION 3. Rebate Program Established. There is hereby established the Building Permit
82 Fee Rebate Program. An Eligible Homeowner who obtains a building permit for Covered Work on
83 a Covered Property during the Program Period shall be entitled to receive a rebate from the City
84 equal to 100% of the Eligible Fees paid in connection with such permit. The rebate shall be issued
85 directly to the Eligible Homeowner and not to any permitting contractor. The BCAIF Surcharge
86 and the DBPR Surcharge are state-mandated pass-throughs and are not subject to rebate under
87 this Program; those amounts shall be collected and remitted as required by law.
RESOLUTION NO. R26-095
88 SECTION 4. Rebate Processing. No application for a rebate shall be required. The Building
89 Official and Finance Department are authorized and directed to implement procedures consistent
90 with this Resolution. The City shall automatically identify Eligible Homeowners from permit
91 records and shall issue rebate checks payable to the titleholder(s) of record in the amount of the
92 Eligible Fees, mailed to the mailing address for the Covered Property on file with the Palm Beach
93 County Property Appraiser. All rebates shall be processed and issued by the Finance Department
94 within sixty (60) days of: (a) the date of permit issuance, for permits issued on or after the date of
95 adoption of this Resolution; or (b) the date of adoption of this Resolution, for permits issued on
96 or after May 1, 2026, and prior to adoption. No interest shall be payable on any rebate amount.
97 SECTION 5. Proaram Sunset. This Program shall automatically sunset at 5:00 pm on
98 September 15, 2026, without further action of the City Commission. No rebate shall be available
99 under this Program for permits applied for after 5:00 pm on September 15, 2026.
100 SECTION 6. False Certification. Any rebate obtained through false certification or
101 misrepresentation shall be subject to full recovery by the City, including any available
102 administrative or legal remedies, and the permittee may be subject to permit revocation.
103 SECTION 7. No Vested Riahts. Nothing in this Resolution shall be construed to create a
104 vested right in any person to receive a rebate. The City Commission reserves the right to modify,
105 suspend, or terminate the Program at any time by subsequent resolution, provided that rebates
106 for Eligible Fees already paid for which a rebate check has been issued shall not be rescinded by
107 any such subsequent action.
108 SECTION 8. The City Commission of the City of Boynton Beach, Florida, hereby
109 authorizes the City Manager and the Building Official to execute any ancillary documents as may
110 be necessary to accomplish the purpose of this Resolution.
111 SECTION 9. This Resolution shall take effect in accordance with the law.
112 [SIGNATURES ON THE FOLLOWING PAGE]
113
RESOLUTION NO. R26-095
114 PASSED AND ADOPTED this aho\ day of lure.. 2026.
115 CITY OF BOYNTON BEACH, FLORIDA
116 YES NO
117 Mayor— Rebecca Shelton ✓
118
119 Vice-Mayor—Thomas Turkin
120
121 Commissioner—Angela Cruz
122
123 Commissioner— Mack McCray
124
125 Commissioner—Aimee Kelley ✓
126
127 VOTE 5 -0
128 ATTEST:
129 •
130 r �.��� G�/�
131 Tammy Stanziine, CMC ebecca Shelton
132 Interim City Clerk Mayor
133 =O.(1\1TON/B���
134 . � �,0RArf•.,E90;� APPROVED AS TO FORM:
135 (Corporate Seal) : c).16)c-AA �':y
136 i U t c,0900SE°
137 • \N
192
138 . Shawna Shawna G. Lamb
139 .•FI City�� City Attorney