Florida 2022 2022 Regular Session

Florida Senate Bill S1702 Analysis / Analysis

Filed 01/26/2022

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Community Affairs  
 
BILL: SB 1702 
INTRODUCER:  Senator Bradley 
SUBJECT:  Mandatory Building Inspections 
DATE: January 24, 2022 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Hunter Ryon CA Favorable 
2.     RI  
3.     RC  
 
I. Summary: 
SB 1702 establishes a mandatory structural inspection program for multi-family residential 
buildings in the state of Florida. Under the bill, multi-family residential buildings greater than 3 
stories and larger than 3,500 square feet are required to have a “milestone inspection” once the 
building reaches 30 years in age, and every 10 years thereafter. If the building is within 3 miles 
of coastline the requirements drop to 20 years in age, and every 7 years thereafter. Inspections 
must be done by a licensed architect or engineer. The bill provides for a two phase milestone 
inspection process including a visual inspection and a structural distress inspection if a visual 
inspection warrants a second phase.  
 
The bill states that a licensed engineer or architect must submit a copy of their inspection report 
to the building owner or board of a condominium or cooperative, and the building official in the 
jurisdiction of the building. Condominium or cooperative boards must distribute the report to all 
unit owners. 
 
The bill requires that milestone inspection reports be added to the list of documents that are 
official records and must be provided for buyer review in condominium and cooperative unit 
resales with other nondeveloper disclosures. 
 
The bill allows local enforcement agencies to prescribe timelines and penalties with respect to 
compliance with milestone inspections. 
 
Additionally, the bill directs the Florida Building Commission to establish comprehensive 
structural and life safety standards beyond the bill’s requirements for maintaining and inspecting 
all building types, and to make them available for adoption by local governments at their 
discretion.  
 
The act takes effect July 1, 2022. 
REVISED:   BILL: SB 1702   	Page 2 
 
II. Present Situation: 
The Florida Building Code 
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a 
minimum building code that would ensure that Florida’s minimum standards were met. Local 
governments could choose from four separate model codes. The state’s role was limited to 
adopting all or relevant parts of new editions of the four model codes. Local governments could 
amend and enforce their local codes, as they desired.
1
  
 
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. 
Hurricane Andrew easily destroyed those structures that were allegedly built according to the 
strongest code. The Governor eventually appointed a study commission to review the system of 
local codes and make recommendations for modernizing the system. The 1998 Legislature 
adopted the study commission’s recommendations for a single state building code and enhanced 
the oversight role of the state over local code enforcement. The 2000 Legislature authorized 
implementation of the Florida Building Code (Building Code), and that first edition replaced all 
local codes on March 1, 2002.
2
 The current edition of the Building Code is the seventh edition, 
which is referred to as the 2020 Florida Building Code.
3
 
 
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and 
intent of the Act is to provide a mechanism for the uniform adoption, updating, interpretation, 
and enforcement of a single, unified state building code. The Building Code must be applied, 
administered, and enforced uniformly and consistently from jurisdiction to jurisdiction. 
4
 
 
The Florida Building Commission was statutorily created to implement the Building Code. The 
Commission, which is housed within the Department of Business and Professional Regulation 
(DBPR), is a 19-member technical body made up of design professionals, contractors, and 
government experts in various disciplines covered by the Building Code. The Commission 
reviews several International Codes published by the International Code Council,
5
 the National 
Electric Code, and other nationally adopted model codes to determine if the Building Code needs 
to be updated and adopts an updated Building Code every three years.
6
 
 
Local Enforcement of the Florida Building Code 
It is the intent of the Legislature that local governments have the power to inspect all buildings, 
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and 
welfare.
7
 
                                                
1
 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4, available 
at http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Nov. 11, 2021).   
2
 Id.; DBPR, Building Code Information System, available at: https://floridabuilding.org/c/default.aspx# (last visited on Nov. 
11, 2021). 
3
 Id.  
4
 Section 553.72(1), F.S. 
5
 The International Code Council (ICC) is an association that develops model codes and standards used in the design, 
building, and compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code 
Council, About the ICC, available at https://www.iccsafe.org/about/who-we-are/ (last visited Dec 2, 2021). 
6
 Sections 553.73, and 553.74, F.S. 
7
 Section 553.72, F.S.  BILL: SB 1702   	Page 3 
 
 
Every local government must enforce the Building Code and issue building permits.
8 
It is 
unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish 
any building without first obtaining a permit from the local government enforcing agency or 
from such persons as may, by resolution or regulation, be directed to issue such permit, upon the 
payment of reasonable fees as set forth in a schedule of fees adopted by the enforcing agency.
9
 
 
Any construction work that requires a building permit also requires plans and inspections to 
ensure the work complies with the Building Code. The Building Code requires certain building, 
electrical, plumbing, mechanical, and gas inspections.
10
 Construction work may not be done 
beyond a certain point until it passes an inspection. Generally speaking, a permit for construction 
work that passes the required inspections is considered completed or closed.
11
 
 
The Florida Building Code does not contain mandatory requirements for the maintenance and 
inspection of existing buildings in the state. However, local governments are empowered to enact 
such requirements at their discretion to apply throughout a local jurisdiction. Some local 
jurisdictions in the state have used the following model standards to aid in their adoption of local 
requirements for the maintenance and inspections of existing buildings: the International 
Property Maintenance Code, the Standard Housing Code, and the Standard Unsafe Building 
Abatement Code, or some combination thereof.
12
 
 
Mandatory inspections of existing buildings was once required by Florida law, but the law was 
repealed shortly after enactment. In 2008, the Legislature mandated that every condominium 
greater than 3 stories in height be inspected for maintenance, useful life, and replacement costs 
of useful elements every 5 years by an engineer or architect licensed in the state.
13
 A 
condominium association could waive this requirement for 5 years with a majority vote of 
interests present at a properly called meeting of the association.
14
 This provision was repealed in 
2010.
15
 
 
Building Code Administrators and Inspectors and Plans Examiners  
Building officials, inspectors, and plans examiners are regulated by the Florida Building Code 
Administrators and Inspectors Board (BCAIB) within DBPR. The BCAIB consists of nine 
members appointed by the Governor and subjected to confirmation by the Senate.
16
 
 
                                                
8
 Sections 125.01(1)(bb), 125.56(1), and 553.80(1), F.S. 
9
 Sections 125.56(4)(a), 553.79(1), F.S. 
10
 Section 110 Seventh edition of the Florida Building Code (Building). 
11
 Doug Wise, Closing Inactive & Excluded Building Permits, Palm Beach County Planning, Zoning & Building Department, 
Building Division, available at: http://discover.pbcgov.org/pzb/building/BuildingCodes/PBO-
126%20%E2%80%93%20Closing%20Inactive%20and%20Excluded%20Building%20Permits.pdf (last visited Dec 2, 2021). 
12
 DBPR Agency Legislative Bill Analysis: SB 1702 (January 7, 2022). On file with the Senate Community Affairs 
Committee. 
13
 Chapter 2008-28 Laws of Fla. 
14
 Id. 
15
 Chapter 2010-176 Laws of Fla. 
16
 Section 468.605, F.S.  BILL: SB 1702   	Page 4 
 
A building code administrator, otherwise known as a building official, is a local government 
employee or a person contracted by a local government who supervises building code activities, 
including plans review, enforcement, and inspection.
17
  
 
A building code inspector (inspector) inspects construction that requires permits to determine 
compliance with the Building Code and state accessibility laws. Inspectors are divided into 
several different categories. An inspector’s ability to practice is limited to the category or 
categories the inspector has been licensed. The inspector categories are:
18
 
 Building inspector 
 Coastal construction inspector 
 Commercial electrical inspector 
 Residential electrical inspector 
 Mechanical inspector 
 Plumbing inspector 
 Residential inspector 
 Electrical inspector 
 
A plans examiner reviews plans submitted for building permits to determine design compliance 
with construction codes. The term includes a residential plans examiner who is qualified to 
determine that plans submitted for building permits comply with the applicable residential 
building, plumbing, mechanical, electrical, gas, energy, accessibility, and other applicable 
construction codes. A plans examiner’s ability to practice is limited to the category or categories 
the plans examiner has been licensed. The plans examiner categories are:
19
 
 Building plans examiner 
 Plumbing plans examiner 
 Mechanical plans examiner 
 Electrical plans examiner 
 
Threshold Building Inspections 
In 1981, a “five-story Harbour Cay Condominium building in Cocoa Beach, Florida, collapsed 
during the placement of concrete for the roof slab, killing 11 workers and injuring 23 more.”
20
 In 
response to this tragedy, the Legislature instituted threshold building inspections, requiring 
licensed “special inspectors” to conduct inspections for all threshold buildings.
 21
 A special 
inspector is a licensed architect or registered engineer who is certified under chs. 471 or 481, 
F.S., to conduct inspections of threshold buildings.
22
 
 
                                                
17
 Section 468.603(2), F.S. 
18
 Section 468.603(5), F.S. 
19
 Section 468.603(8), F.S. 
20
 National Institute of Standards and Technology, Harbour Cay Condominium Collapse Florida 1981, 
available at https://www.nist.gov/el/harbour-cay-condominium-collapse-florida-1981 (last visited Jan. 20, 2022) 
21
 Florida Building Commission, Florida Building Construction Standards available at 
https://www.floridabuilding.org/fbc/commission/FBC_0413/Commission_Education_POC/173/173-1-MATERIAL%20.pdf 
(last visited Jan. 20, 2022) 
22
 See s. 553.71, F.S.  BILL: SB 1702   	Page 5 
 
A threshold building is defined as any building which is greater than 3 stories or 50 feet in 
height, or which has an assembly occupancy classification, as defined in the Building Code, 
which exceeds 5,000 square feet in area and an occupant content of greater than 500 persons.
23
 
An enforcing agency must require a special inspector to perform structural inspections on a 
threshold building during new construction or during repair or restoration projects in which the 
structural system or structural loading of a building is being modified.
24
  
  
On buildings that qualify as threshold a structural inspection plan must be submitted by the 
special inspector and the design professional of record to the enforcing agency prior to the 
issuance of a building permit for the construction of or modification to a threshold building.
25
 
However, a fee-simple owner may declare a building a threshold building even when it does not 
meet the definitions.
26
  
 
The inspection plan for a threshold building provides specific inspection instructions to provide 
for the adequate inspection of the construction. The owner must retain the services of a special 
inspector who must inspect the building according to the special inspection plan. In addition, the 
inspector shall determine that a professional engineer who specializes in shoring design has 
inspected the shoring and reshoring for conformance with the shoring and reshoring plans 
submitted to the enforcing agency.
27
 Special inspectors report directly to local building 
administrators and officials. Threshold building inspectors’ role is unique to Florida.
28
 
 
Local Building Recertification Programs  
Florida does not require recertification of buildings or regular inspections of existing buildings, 
which is consistent with state building codes across the country. Miami-Dade and Broward 
Counties have amended their local building codes requiring a recertification process and 
inspection of buildings 40 years and older. Miami-Dade’s program was established in the 1970s 
and Broward County’s program was modeled after Miami-Dade and has been in effect since 
January 2006.
29
  
 
Miami Dade’s recertification program states that:  
 
“All buildings, except single-family residences, duplexes and minor structures 
as defined below, shall be recertified in the manner described below where 
such buildings or structures have been in existence for forty (40) years or 
longer, as determined by the Building Official, who shall at such time issue a 
Notice of Required Inspection to the building owner. Subsequent 
recertification shall be required at ten (10) years interval. In the event a 
                                                
23
 See s. 553.71, F.S. 
24
 Section 553.79(5)(a), F.S. 
25
 Id. 
26
 Id. 
27
 Id. 
28
 Florida Board of Professional Engineers, What Are Threshold Building Inspectors?, available at https://fbpe.org/what-are-
threshold-building-inspectors/ (last visited Jan. 20, 2022) 
29
Broward County, Building Safety Inspection Program, available at 
https://www.broward.org/CodeAppeals/Documents/Broward%20County%20Building%20Safety%20Inspection%20Program
.pdf (last visited Jan. 19, 2022)  BILL: SB 1702   	Page 6 
 
building is determined to be structurally and electrically safe under the 
conditions set forth herein, and such building or structure is less than forty (40) 
years of age, recertification shall not be required for a minimum of ten (10) 
years from that time, or age forty (40), whichever is the longer period of 
time.”
30
  
 
Inspection procedures shall “conform, in general, with the minimum inspection procedural 
guidelines” issued by the county, and are for the purpose of determining general structural 
condition of the building or structure to the extent reasonably possible which effects the safety of 
the building or structure.
31
 Miami Dade’s recertification program exempts building under 2,000 
square feet, and Broward’s program exempts buildings smaller than 3,500 square feet.
32
 The 
inspections must be carried out by a professional engineer or architect registered with the State 
of Florida.
33
  
 
Following the 2021 tragedy in Surfside, Florida, where a 12-story condominium building, known 
as Champlain Towers South, unexpectedly experienced structural failure and partially collapsed, 
resulting in the death of 98 people, the concept of recertification programs gained considerable 
attention. The City of Boca Raton recently instituted a building recertification program for 
buildings over 30 years of age that are greater than 3 stories or 50 feet in height, or greater than 
5,000 sq. feet and have an occupancy greater than 500 people.
34
  
 
Condominiums and Cooperatives 
Condominiums  
A condominium is a “form of ownership of real property created under ch. 718, F.S.”
35
 
Condominium unit owners are in a unique legal position because they are exclusive owners of 
property within a community, joint owners of community common elements and members of the 
condominium association.
36
 For unit owners, membership in the association is an unalienable 
right and required condition of unit ownership.
37
 
 
A condominium association is administered by a board of directors referred to as a “board of 
administration.”
38
 The board of administration is comprised of individual unit owners elected by 
the members of a community to manage community affairs and represent the interests of the 
association. Association board members must enforce a community's governing documents and 
                                                
30
 Sec. 8-11 Code of Miami Dade 
31
 Id. 
32
Broward County , Building Safety Inspection Program, available at: 
https://www.broward.org/CodeAppeals/Documents/Broward%20County%20Building%20Safety%20Inspection%20Program
.pdf (last visited Jan. 19, 2022) 
33
 Sec. 8-11 Code of Miami Dade 
34
 City of Boca Raton. Ordinance 5589, available at: https://www.myboca.us/DocumentCenter/View/28152/Ordinance-No-
5589?bidId= (last visited Jan. 21, 2022) 
35
 Section 718.103(11), F.S. 
36
 See s. 718.103, F.S. 
37
 Id. 
38
 Section 718.103(4), F.S.  BILL: SB 1702   	Page 7 
 
are responsible for maintaining a condominium's common elements which are owned in 
undivided shares by unit owners.
39
 
 
There are 1,529,764 condominium units in Florida operated by 27,588 associations.
40
 
Approximately 912,376 of these condominium units in Florida at least 30 years in age.
41
 Further 
breakdown of the age of condominium units in Florida is as follows: 
 105,404 units – 50 years old or older  
 479,435 units – 40-50 years old  
 327,537 units – 30-40 years old  
 141,773 units – 20-30 years old  
 428,657 units – 10-20 years old   
 46,958 units   –  0-10 years old
42
 
 
It is estimated that there are over 2,000,000 residents occupying condominiums 30 years or older 
in Florida, based upon census data of approximately 2.2 persons living in an average 
condominium unit.
43
 
 
Cooperatives 
Section 719.103(12), F.S., defines a “cooperative” to mean: 
 
[T]hat form of ownership of real property wherein legal title is vested in a 
corporation or other entity and the beneficial use is evidenced by an ownership 
interest in the association and a lease or other muniment of title or possession 
granted by the association as the owner of all the cooperative property. 
 
A cooperative differs from a condominium because, in a cooperative, no unit is individually 
owned. Instead, a cooperative owner receives an exclusive right to occupy the unit based on their 
ownership interest in the cooperative entity as a whole. A cooperative owner is either a 
stockholder or member of a cooperative apartment corporation who is entitled, solely by reason 
of ownership of stock or membership in the corporation, to occupy an apartment in a building 
owned by the corporation.
44
 The cooperative holds the legal title to the unit and all common 
elements. The cooperative association may assess costs for the maintenance of common 
expenses.
45
 There are 774 cooperative associations in the state of Florida that are registered with 
the DBPR. 
 
                                                
39
 Section 718.103(2), F.S. 
40
 Report of the Florida Bar RPPTL Condominium Law and Policy Life Safety Advisory Task Force, p. 4, available at: 
https://www-media.floridabar.org/uploads/2021/10/Condominium-Law-and-Policy-Life-Safety-Advisory-Task-Force-
Report.pdf (last visited Jan. 21, 2022). 
41
 Id.  
42
 Id.  
43
 Id.  
44
 See Walters v. Agency for Health Care Administration, 288 So.3d 1215 (Fla. 3rd DCA 2019), review denied 2020 WL 
3442763 (Fla. 2020). 
45
 See ss. 719.106(1)(g) and 719.107, F.S.  BILL: SB 1702   	Page 8 
 
Official Records 
Florida law specifies the official records that condominium, cooperative, and homeowners’ 
associations must maintain.
46
 Generally, the official records must be maintained in Florida for at 
least 7 years.
47
 Certain of these records must be accessible to the members of an association.
48
 
Additionally, certain records are protected or restricted from disclosure to members, such as 
records protected by attorney-client privilege, personnel records, and personal identifying 
records of owners.
49
 
 
Condominium associations with 150 or more units are required to post digital copies of specified 
documents on their website.
50
 Condominiums and cooperatives also require certain nondeveloper 
disclosures upon resale of dwelling units including documents such as articles of incorporation, 
bylaws and rules, and financial information.
51
 
 
Apartment Buildings 
 
The Division of Hotels and Restaurants (division) within the DBPR is the state agency charged 
with enforcing the provisions of ch. 509, F.S., relating to the regulation of public lodging 
establishments and public food service establishments for the purpose of protecting the public 
health, safety, and welfare. Public lodging establishments are classified as a hotel, motel, 
vacation rental, nontransient apartment, transient apartment, bed and breakfast inn, or timeshare 
project.
52
  
 
A nontransient apartment is defined as a building or complex of buildings in which 75 percent or 
more of the units are available for rent to nontransient tenants. A transient apartment is a 
building or complex of buildings in which more than 25 percent of the units are advertised or 
held out to the public as available for transient occupancy.
53
 The division currently licenses
54
 
19,261 transient and non-transient apartments, and each apartment license has an average of 67 
units.
55
 
 
Every public lodging establishment that is 3 stories or more in height in the state currently must 
file a certificate stating that any and all balconies, platforms, stairways, and railways have been 
inspected by a person competent to conduct such inspections and are safe, secure, and free of 
defects.
56
 Certificates of balcony inspections must be filed every 3 years with the division and 
the applicable county or municipal authority responsible for building and zoning permits.
57
 
                                                
46
 See ss. 718.111(12), 719.104(2), F.S. 
47
 See ss. 718.111(12)(b), 719.104(2)(b), F.S. 
48
 See ss. 718.111(12)(a), 719.104(2)(a), F.S. 
49
 See ss. 718.111(12)(c), 719.104(2)(c), F.S. 
50
 Section 718.111(12)(g), F.S. 
51
 See ss. 718.503, 719.503, F.S. 
52
 Section 509.242(1), F.S. 
53
 Id. 
54
 DBPR licenses all transient apartment building and transient buildings with 5 or more units. Nontransient apartment 
buildings under 5 units are exempt from licensure per s. 509.013 F.S. 
55
 DBPR Agency Legislative Bill Analysis: SB 1702 (January 7, 2022). On file with the Senate Community Affairs 
Committee. 
56
 Section 509.2112, F.S. 
57
 Id.  BILL: SB 1702   	Page 9 
 
 
Architects and Engineers 
 
Engineers 
Section 471.008, F.S., authorizes the board of professional engineers to adopt rules to implement 
the provisions of ch. 471, F.S., and for ch. 455, F.S., which provides the general licensing 
procedures for professional licensing of engineers by the DBPR. The board has adopted 
responsibility rules for the profession of engineering addressing a variety of issues, including the 
design of structures and fire protection systems.
58
 
 
Section 471.013, F.S., provides the license qualifications for a professional engineer. In order to 
be licensed as a professional engineer, a person must successfully pass two examinations: the 
fundamentals examination and the principles and practices examination. Prior to being permitted 
to sit for the fundamentals examination, an applicant must have graduated from: 
 An approved engineering science curriculum of 4 years or more in a board-approved school, 
college, or university; or 
 An approved engineering technology curriculum of 4 years or more in a board-approved 
school, college, or university.
59
 
 
Under s. 471.015(2), F.S., the board must certify for licensure any applicant who has submitted 
proof of being at least 18 years old and has the required engineering experience. For graduates of 
an approved engineering science curriculum, the applicant must have a record of at least 4 years 
of active engineering experience sufficient to indicate competence to be in responsible charge of 
engineering. Graduates of an approved engineering technology curriculum must have a record of 
at least 6 years of such qualified experience.
60
 
 
Architects 
Chapter 481, Part I, F.S., governs the licensing and regulation of architects and related business 
organizations. The Board of Architecture and Interior Design exists under the DBPR’s Division 
of Professions. The board processes licenses and responds to consumer complaints and inquiries 
by monitoring activities and compliance within the architecture and interior design industries. 
 
An architect must complete, before licensure, an internship of diversified architectural 
experience approved by the board.
61
 To qualify to take the examination for licensure as an 
architect an applicant must also graduate from a school or college of architecture with a program 
accredited by the National Architectural Accreditation Board.
62
 Persons who are licensed in 
another state or jurisdiction may also apply for a license by endorsement.
63
 An architect who is 
licensed in another state who seeks qualification for license in Florida must complete a 2-hour 
class approved by the board on wind mitigation techniques.
64
 
                                                
58
 The responsibility rules are in Fla. Admin. Code Chapters 61G15-30, 61G15-31, 61G15-32, and 61G15-33 (2020). 
59
 Section 471.013(1), F.S. 
60
 See ss. 471.015(2)(a)1. and 2., F.S. 
61
 Section 481.211, F.S.  
62
 Section 481.209 (1) F.S.  
63
 Section 481.213(3), F.S. 
64
 Section 481.213 F.S.   BILL: SB 1702   	Page 10 
 
 
III. Effect of Proposed Changes: 
The bill creates s. 553.899, F.S. to establish a mandatory structural inspection program for multi-
family residential buildings in the state of Florida. Multi-family residential buildings greater than 
3 stories and larger than 3,500 square feet must have a “milestone inspection” conducted once 
the building reaches 30 years in age, and every 10 years thereafter. If such a building is within 3 
miles of coastline
65
 the requirements drop to 20 years in age, and every 7 years thereafter. 
 
The bill provides for a two phase milestone inspection process.  
 Phase one requires a licensed architect or engineer to perform a visual examination of all 
habitable and non-habitable areas of the building to inspect for structural distress of 
components. 
 If structural distress is identified during a phase one inspection a threshold inspector must 
perform a phase two inspection which may involve destructive and non-destructive testing 
and may be extensive as necessary to assess the damaged areas as determined by the 
threshold inspector.  
 
Upon completion of a phase one or phase two inspection the engineer or architect must submit a 
copy of their inspection report to the building owner, condominium or cooperative board, and the 
building official in the jurisdiction of the building. Condominium and cooperative boards must 
distribute the report to all unit owners. 
 
The bill provides that local enforcement agencies may prescribe timelines and penalties with 
respect to compliance with milestone inspection. 
 
The bill requires that building inspection reports be added to the list of documents that are 
official records and which must be provided for buyer review in condominium and cooperative 
unit resales with other nondeveloper disclosures. 
 
The bill directs the Florida Building Commission to establish comprehensive structural and life 
safety standards for maintaining and inspecting all building types, and to make them available 
for adoption by local governments at their discretion.  
 
The act takes effect July 1, 2022. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
The bill will require county and municipal building departments to expend funds to 
comply with the provisions of the bill. However, counties and municipalities retain the 
ability to charge fees to accommodate such expenses. For example, a county or 
                                                
65
“Coastline” means the line of mean low water along the portion of the coast that is in direct contact with the open sea and 
the line marking the seaward limit of inland waters, as determined under the Convention on Territorial Seas and the 
Contiguous Zone, 15 U.S.T. (Pt. 2) 1606 as defined in s. 376.031, F.S.  BILL: SB 1702   	Page 11 
 
municipality may decide to charge a filing fee for inspection reports submitted to the 
building department. As such, the bill does not appear to be a mandate.  
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
Apartment building owners and condominium and cooperative associations of buildings 
which meet the inspection requirements will see increased costs associated with the 
inspection and possible restoration of building. According to DBPR, the cost of these 
types of inspections will vary considerably based on the size of the building.  The 
recertification and building safety inspections currently being conducted in Miami-Dade 
and Broward counties can cost as much as $20,000-$40,000 for the inspection of a 15-20 
story condominium to between $2,000 and $4,000 for the inspection of a small 
commercial building.  Any remedial work to remedy issues identified during the 
inspection would be in addition to these costs.
66
 
 
Licensed architects and engineers will experience a significant increase in demand for 
their services as a result of the bill.  
C. Government Sector Impact: 
The bill will likely result in additional costs for county and municipal building 
departments to comply with the requirements of the bill. Specifically, counties and 
municipalities will need to establish internal procedures and possibly procure software to 
track the ages of multi-family residential buildings, provide notice to affected building 
                                                
66
 DBPR Agency Legislative Bill Analysis: SB 1702 (January 7, 2022). On file with the Senate Community Affairs 
Committee.  BILL: SB 1702   	Page 12 
 
owners, and manage milestone inspection reports submitted by inspectors. Additional 
staffing may be needed to enforce the inspection requirements and address 
noncompliance with the requirements of the bill. However, county and municipalities 
may choose to charge certain fees to building owners to accommodate the costs 
associated with the bill.  
 
According to DBPR, the Florida Building Commission will need to appoint a workgroup 
of approximately 10-12 members to develop the comprehensive structural and life safety 
standards for maintaining and inspecting buildings and structures, as required by the bill. 
The workgroup will likely need 2-3 onsite meetings, which will cost a total of 
approximately $5,000 and $10,000, based on the cost of previous onsite Florida Building 
Commission meetings.
67
   
 
Additionally, the Florida Building Commission will likely need to hire a group of experts 
to assist with the development of the maintenance and inspection standards, the cost of 
which is indeterminate.
68
    
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 718.111, 718.503, 
719.104, and 719.503.   
This bill creates section 553.889 of the Florida Statutes.  
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate. 
                                                
67
 Id. 
68
 Id.