Florida Senate - 2023 SENATOR AMENDMENT
Bill No. CS for CS for SB 154
Ì161476<Î161476
LEGISLATIVE ACTION
Senate . House
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Senator Bradley moved the following:
1 Senate Amendment
2
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4 Delete lines 162 - 285
5 and insert:
6 thereafter. If a building reached 30 years of age before July 1,
7 2022, the building’s initial milestone inspection must be
8 performed before December 31, 2024. If a building reaches 30
9 years of age on or after July 1, 2022, and before December 31,
10 2024, the building’s initial milestone inspection must be
11 performed before December 31, 2025. If the date of issuance for
12 the certificate of occupancy is not available, the date of
13 issuance of the building’s certificate of occupancy shall be the
14 date of occupancy evidenced in any record of the local building
15 official.
16 (b) The local enforcement agency may determine that local
17 circumstances, including environmental conditions such as
18 proximity to salt water as defined in s. 379.101, require that
19 If the building is located within 3 miles of a coastline as
20 defined in s. 376.031, the condominium association or
21 cooperative association must have a milestone inspection must be
22 performed by December 31 of the year in which the building
23 reaches 25 years of age, based on the date the certificate of
24 occupancy for the building was issued, and every 10 years
25 thereafter.
26 (c) The local enforcement agency may extend the date by
27 which a building’s initial milestone inspection must be
28 completed upon a showing of good cause by the owner or owners of
29 the building that the inspection cannot be timely completed if
30 the owner or owners have entered into a contract with an
31 architect or engineer to perform the milestone inspection and
32 the inspection cannot reasonably be completed before the
33 deadline or other circumstance to justify an extension.
34 (d) The local enforcement agency may accept an inspection
35 report prepared by a licensed engineer or architect for a
36 structural integrity and condition inspection of a building
37 performed before July 1, 2022, if the inspection and report
38 substantially comply with the requirements of this section.
39 Notwithstanding when such inspection was completed, the
40 condominium or cooperative association must comply with the unit
41 owner notice requirements in subsection (9). The inspection for
42 which an inspection report is accepted by the local enforcement
43 agency under this paragraph is deemed a milestone inspection for
44 the applicable requirements in chapters 718 and 719. If a
45 previous inspection and report is accepted by the local
46 enforcement agency under this paragraph, the deadline for the
47 building’s subsequent 10-year milestone inspection is based on
48 the date of the accepted previous inspection.
49 (4) The milestone inspection report must be arranged by a
50 condominium or cooperative association and any owner of any
51 portion of the building which is not subject to the condominium
52 or cooperative form of ownership. The condominium association or
53 cooperative association and any owner of any portion of the
54 building which is not subject to the condominium or cooperative
55 form of ownership are each must arrange for the milestone
56 inspection to be performed and is responsible for ensuring
57 compliance with the requirements of this section. The
58 condominium association or cooperative association is
59 responsible for all costs associated with the milestone
60 inspection attributable to the portions of a building which the
61 association is responsible to maintain under the governing
62 documents of the association. This section subsection does not
63 apply to a single-family, two-family, or three-family dwelling
64 with three or fewer habitable stories above ground.
65 (4) If a milestone inspection is required under this
66 section and the building’s certificate of occupancy was issued
67 on or before July 1, 1992, the building’s initial milestone
68 inspection must be performed before December 31, 2024. If the
69 date of issuance for the certificate of occupancy is not
70 available, the date of issuance of the building’s certificate of
71 occupancy shall be the date of occupancy evidenced in any record
72 of the local building official.
73 (5) Upon determining that a building must have a milestone
74 inspection, the local enforcement agency must provide written
75 notice of such required inspection to the condominium
76 association or cooperative association and any owner of any
77 portion of the building which is not subject to the condominium
78 or cooperative form of ownership, as applicable, by certified
79 mail, return receipt requested. The condominium or cooperative
80 association must notify the unit owners of the required
81 milestone inspection within 14 days after receipt of the written
82 notice from the local enforcement agency and provide the date
83 that the milestone inspection must be completed. Such notice may
84 be given by electronic submission to unit owners who consent to
85 receive notice by electronic submission or by posting on the
86 association’s website.
87 (6) Phase one of the milestone inspection must be completed
88 within 180 days after the owner or owners of the building
89 receive receiving the written notice under subsection (5), the
90 condominium association or cooperative association must complete
91 phase one of the milestone inspection. For purposes of this
92 section, completion of phase one of the milestone inspection
93 means the licensed engineer or architect who performed the phase
94 one inspection submitted the inspection report by e-mail, United
95 States Postal Service, or commercial delivery service to the
96 local enforcement agency.
97 (7) A milestone inspection consists of two phases:
98 (b) A phase two of the milestone inspection must be
99 performed if any substantial structural deterioration is
100 identified during phase one. A phase two inspection may involve
101 destructive or nondestructive testing at the inspector’s
102 direction. The inspection may be as extensive or as limited as
103 necessary to fully assess areas of structural distress in order
104 to confirm that the building is structurally sound and safe for
105 its intended use and to recommend a program for fully assessing
106 and repairing distressed and damaged portions of the building.
107 When determining testing locations, the inspector must give
108 preference to locations that are the least disruptive and most
109 easily repairable while still being representative of the
110 structure. If a phase two inspection is required, within 180
111 days after submitting a phase one inspection report the
112 architect or engineer performing the phase two inspection must
113 submit a phase two progress report to the local enforcement
114 agency with a timeline for completion of the phase two
115 inspection. An inspector who completes a phase two milestone
116 inspection shall prepare and submit an inspection report
117 pursuant to subsection (8).
118 (8) Upon completion of a phase one or phase two milestone
119 inspection, the architect or engineer who performed the
120 inspection must submit a sealed copy of the inspection report
121 with a separate summary of, at minimum, the material findings
122 and recommendations in the inspection report to the condominium
123 association or cooperative association, to any other owner of
124 any portion of the building which is not subject to the
125 condominium or cooperative form of ownership, and to the
126 building official of the local government which has
127 jurisdiction. The inspection report must, at a minimum, meet all
128 of the following criteria:
129 (a) Bear the seal and signature, or the electronic
130 signature, of the licensed engineer or architect who performed
131 the inspection.
132 (b) Indicate the manner and type of inspection forming the
133 basis for the inspection report.
134 (c) Identify any substantial structural deterioration,
135 within a reasonable professional probability based on the scope
136 of the inspection, describe the extent of such deterioration,
137 and identify any recommended repairs for such deterioration.
138 (d) State whether unsafe or dangerous conditions, as those
139 terms are defined in the Florida Building Code, were observed.
140 (e) Recommend any remedial or preventive repair for any
141 items that are damaged but are not substantial structural
142 deterioration.
143 (f) Identify and describe any items requiring further
144 inspection.
145 (9) Within 45 days after receiving the applicable