Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for SB 154
Ì910284(Î910284
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
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