Construction Bills: Recent Changes to Construction Laws

• Author: By Brian R. Zimmerman and Rowan T. Mason
• Pages: 45-46

THE CONSTRUCTION LAWYER 45Volume 42 Issue 2 2022

CONSTRUCTION BILLS: RECENT CHANGES

TO CONSTRUCTION LAWS

Florida Enacts Law Requiring

Structural Inspections of

Condominiums in Wake of

Surfside Collapse

On May 26, 2022, Florida Gov-

ernor Ron DeSantis signed into

law Florida Senate Bill 4-D

establishing mandatory struc-

tural inspections and structural

integrity reserve studies for

condominium and cooperative

associations.

Milestone Inspections

The law creates Section 553.899,

under which all condominium

associations1 and coopera-

tive associations2 (together

“Association(s)”) are required

to obtain a “milestone inspection” after 30 years of its

construction, and then every 10 years thereafter if the

building is three or more stories high.3 If the building is

located within three miles of a coastline, the inspection

must be after 25 years, and then every 10 years thereafter.

4

The milestone inspection must be completed by December

31 of the year in which the building reaches 30 years of

age.

5

If the Association building is already older than 30

years, the milestone inspection must be completed before

December 31, 2024.6

Once a building reaches the age requiring a milestone

inspection, the local enforcement agency must provide

written notice of the need for the inspection to the Asso-

ciation, by certied mail.

7

The Association must complete

the “phase one of the milestone inspection” within 180

days of the notice from the local enforcement agency.

8

Notwithstanding the notice requirement, the Association

is responsible for arranging the inspection, ensuring com-

pliance, and all costs of the inspection.9

A “milestone inspection” is dened as a structural

inspection of a building, including an inspection of load-

bearing walls and the primary structural members and

primary structural systems, by a licensed architect or engi-

neer authorized to practice in the state; the inspection is

designed to determine whether the condition of the build-

ing is in compliance with the Florida Building Code or

re safety code.

10

The purpose of such inspection is to

attest to the life safety and adequacy of the structural

components of the building and to the extent reason-

ably possible, determine the general structural condition

of the building as it affects the safety of such building. If

necessary, a determination is to be made of any neces-

sary maintenance, repair, or replacement of any structural

component of the building.

There are two phases to the milestone inspection:

phase one and phase two.

For a phase one milestone inspection, the architect/

engineer must perform a visual examination of habit-

able and uninhabitable areas of a building, including the

major structural components of a building, and provide

a qualitative assessment of the structural conditions of

the building.11 If the architect/engineer nds no signs

of substantial structural deterioration to the building

components upon visual examination, a phase two exami-

nation is not required.12

A phase two inspection must be performed if any

substantial structural deterioration is identied in the

phase one inspection.13 A phase two inspection may be

as extensive or limited as necessary to fully assess areas

of structural distress in order to conrm the building is

structurally sound and safe for its use, and to recommend

a program for assessing and repairing distressed or dam-

aged portions of the building.14 A phase two inspection

may involve destructive or nondestructive testing, at the

inspector’s discretion.

All repairs as required under the phase two inspection

must be commenced within 365 days after issuance of the

report.15 If repairs are not commenced, the local enforce-

ment agency may review and determine if the building is

unsafe for occupancy.16 The local county commissioner

may adopt an ordinance requiring a specic time to com-

mence repairs.17

The phase one and phase two inspection reports must

be submitted with a sealed copy with a separate summary

of the material ndings and recommendations to the

Association and the building ofcial of the local enforce-

ment agency.18 The report must include the following:

a. Seal and signature of licensed architect or engi-

neer who performed the inspection;

b. Indication of the manner and type of inspection;

c. Identication of any substantial structural dete-

rioration within a reasonable professional probability

based on the scope of the inspection and description of

the extent of any deterioration or recommended repair;

d. Statement noting whether unsafe or dangerous

conditions exist under the Florida Building Code;

e. Recommendation of any remedial or preventa-

tive repair for items that are damaged but do not meet

the denition of substantial structural deterioration; and

(f) Identification of items requiring further

inspection

The Association must distribute a copy of the reports

to each unit owner, regardless of the ndings or recom-

mendation, must post it in a conspicuous place on the

property, and post it on the Association’s website, if

Rowan T. Mason

Brian T. Zimmeran

By Rowan T. Mason and Brian

R. Zimmerman