Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 154
       
       
       
       
       
       
                                Ì910284(Î910284                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2023           .                                
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       The Committee on Fiscal Policy (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 148 - 200
    4  and insert:
    5         (3)(a) An owner or owners of a building that is three
    6  stories or more in height as determined by the Florida Building
    7  Code and that is subject, in whole or in part, to the
    8  condominium or cooperative form of ownership as a residential
    9  condominium association under chapter 718 or and a residential
   10  cooperative association under chapter 719 must have a milestone
   11  inspection performed for each building that is three stories or
   12  more in height by December 31 of the year in which the building
   13  reaches 30 years of age, based on the date the certificate of
   14  occupancy for the building was issued, and every 10 years
   15  thereafter. If a building reaches 30 years of age before
   16  December 31, 2024, the building’s initial milestone inspection
   17  must be performed before December 31, 2024. If the date of
   18  issuance for the certificate of occupancy is not available, the
   19  date of issuance of the building’s certificate of occupancy
   20  shall be the date of occupancy evidenced in any record of the
   21  local building official.
   22         (b)The local enforcement agency may determine that local
   23  circumstances, including environmental conditions such as
   24  proximity to salt water as defined in s. 379.101, require that
   25  If the building is located within 3 miles of a coastline as
   26  defined in s. 376.031, the condominium association or
   27  cooperative association must have a milestone inspection must be
   28  performed by December 31 of the year in which the building
   29  reaches 25 years of age, based on the date the certificate of
   30  occupancy for the building was issued, and every 10 years
   31  thereafter.
   32         (c)The local enforcement agency may extend the date by
   33  which a building’s initial milestone inspection must be
   34  completed upon a showing of good cause by the owner or owners of
   35  the building that the inspection cannot be timely completed, if
   36  the owner or owners have entered into a contract with an
   37  architect or engineer to perform the milestone inspection and
   38  the inspection cannot reasonably be completed before the
   39  deadline or other circumstance to justify an extension.
   40         (d)The local enforcement agency may accept an inspection
   41  report prepared by a licensed engineer or architect for a
   42  structural integrity and condition inspection of a building
   43  performed before July 1, 2022, if the inspection and report
   44  substantially comply with the requirements of this section.
   45  Notwithstanding when such inspection was completed, the
   46  condominium or cooperative association must comply with the unit
   47  owner notice requirements in subsection (9). The inspection for
   48  which an inspection report is accepted by the local enforcement
   49  agency under this paragraph is deemed a milestone inspection for
   50  the applicable requirements in chapters 718 and 719.
   51         (4)The milestone inspection report must be arranged by a
   52  condominium or cooperative association and any owner of any
   53  portion of the building which is not subject to the condominium
   54  or cooperative form of ownership. The condominium association or
   55  cooperative association and any owner of any portion of the
   56  building which is not subject to the condominium or cooperative
   57  form of ownership are each must arrange for the milestone
   58  inspection to be performed and is responsible for ensuring
   59  compliance with the requirements of this section. The
   60  condominium association or cooperative association is
   61  responsible for all costs associated with the milestone
   62  inspection attributable to the portions of a building which the
   63  association is responsible to maintain under the governing
   64  documents of the association. This section subsection does not
   65  apply to a single-family, two-family, or three-family dwelling
   66  with three or fewer habitable stories above ground.
   67         (4) If a milestone inspection is required under this
   68  section and the building’s certificate of occupancy was issued
   69  on or before July 1, 1992, the building’s initial milestone
   70  inspection must be performed before December 31, 2024. If the
   71  date of issuance for the certificate of occupancy is not
   72  available, the date of issuance of the building’s certificate of
   73  occupancy shall be the date of occupancy evidenced in any record
   74  of the local building official.
   75         (5) Upon determining that a building must have a milestone
   76  inspection, the local enforcement agency must provide written
   77  notice of such required inspection to the condominium
   78  association, or cooperative association, or any owner of any
   79  portion of the building which is not subject to the condominium
   80  or cooperative form of ownership, as applicable, by certified
   81  mail, return receipt requested.
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete lines 11 - 18
   86  and insert:
   87         revising the deadline for milestone inspections of
   88         certain buildings; authorizing local enforcement
   89         agencies to make certain determinations relating to
   90         milestone inspections after a building reaches a
   91         specified age; authorizing local enforcement agencies
   92         to extend deadlines for milestone inspections under
   93         certain circumstances; authorizing local enforcement
   94         agencies to accept certain inspection reports under
   95         certain circumstances; deeming the inspections
   96         relating to such inspection reports a milestone
   97         inspection for certain purposes; revising costs that
   98         condominium and cooperative associations are
   99         responsible for; revising