Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 154
       
       
       
       
       
       
                                Ì161476<Î161476                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/11/2023 05:11 PM       .                                
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       Senator Bradley moved the following:
       
       
    1         Senate Amendment 
    2  
    3  
    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