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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to structural integrity reserve 2
studies; amending s. 553.899, F.S.; defining the term 3
"structural integrity reserve study"; requiring 4
condominium and cooperative associations that govern a 5
building of a specified height to conduct a structural 6
integrity reserve study for a specified purpose; 7
providing that condominium and cooperative 8
associations that govern a building that does not meet 9
such specified height requirement are not required to 10
conduct a structural integrity reserve study; 11
authorizing certain condominium and cooperative 12
associations to elect, by a majority vote of unit 13
owners, to waive or reduce reserve contributions; 14
requiring a structural integrity reserve study to 15
comply with certain standards; amending ss. 718.112, 16
718.501, 719.106, and 719.501 F.S.; conforming 17
provisions to changes made by the act; providing an 18
effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Paragraph (b) of subsection (2) of section 23
553.899, Florida Statutes, is redesignated as paragraph (c), 24
subsections (3) through (13) are renumbered as subsections (4) 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
through (14), respectively, paragraph (d) of present subsection 26
(3) and present subsections (6) and (7) are amended, a new 27
paragraph (b) is added to subsection (2), and a new subsection 28
(3) is added to that section, to read: 29
553.899 Mandatory structural inspections for condominium 30
and cooperative buildings. — 31
(2) As used in this section, the terms: 32
(b) "Structural integrity reserve study" has the same 33
meaning as in s. 718.103. 34
(3)(a) Condominium and cooperative associations that 35
govern a building that is six stories or higher in height, as 36
determined by the Flori da Building Code, must conduct a 37
structural integrity reserve study of the building for the 38
purpose of estimating future maintenance, repair, and 39
replacement costs of common elements and funding adequate 40
reserves based on the findings of the study. 41
(b) Condominium and cooperative associations that govern a 42
building that is five stories or fewer in height, as determined 43
by the Florida Building Code, are not required to conduct a 44
structural integrity reserve study of the building and may, by a 45
majority vote of the unit owners present at a duly called 46
meeting, elect to waive or reduce reserve contributions. 47
(c) A structural integrity reserve study conducted 48
pursuant to this subsection must comply with the standards 49
established in s. 718.112(2)(g). 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4)(3) 51
(d) The local enforcement agency may accept an inspection 52
report prepared by a licensed engineer or architect for a 53
structural integrity and condition inspection of a building 54
performed before July 1, 2022, if the inspection and report 55
substantially comply with the requirements of this section. 56
Notwithstanding when such inspection was completed, the 57
condominium or cooperative association must comply with the unit 58
owner notice requirements in subsection (10) (9). The inspection 59
for which an inspection repor t is accepted by the local 60
enforcement agency under this paragraph is deemed a milestone 61
inspection for the applicable requirements in chapters 718 and 62
719. If a previous inspection and report is accepted by the 63
local enforcement agency under this paragrap h, the deadline for 64
the building's subsequent 10 -year milestone inspection is based 65
on the date of the accepted previous inspection. 66
(7)(6) Phase one of the milestone inspection must be 67
completed within 180 days after the owner or owners of the 68
building receive the written notice under subsection (6) (5). 69
For purposes of this section, completion of phase one of the 70
milestone inspection means the licensed engineer or architect 71
who performed the phase one inspection submitted the inspection 72
report by e-mail, United States Postal Service, or commercial 73
delivery service to the local enforcement agency. 74
(8)(7) A milestone inspection consists of two phases: 75
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(a) For phase one of the milestone inspection, a licensed 76
architect or engineer authorized to practice in this state shall 77
perform a visual examination of habitable and nonhabitable areas 78
of a building, including the major structural components of a 79
building, and provide a qualitative assessment of the structural 80
conditions of the building. If the architec t or engineer finds 81
no signs of substantial structural deterioration to any building 82
components under visual examination, phase two of the 83
inspection, as provided in paragraph (b), is not required. An 84
architect or engineer who completes a phase one milesto ne 85
inspection shall prepare and submit an inspection report 86
pursuant to subsection (9) (8). 87
(b) A phase two of the milestone inspection must be 88
performed if any substantial structural deterioration is 89
identified during phase one. A phase two inspection may involve 90
destructive or nondestructive testing at the inspector's 91
direction. The inspection may be as extensive or as limited as 92
necessary to fully assess areas of structural distress in order 93
to confirm that the building is structurally sound and safe for 94
its intended use and to recommend a program for fully assessing 95
and repairing distressed a nd damaged portions of the building. 96
When determining testing locations, the inspector must give 97
preference to locations that are the least disruptive and most 98
easily repairable while still being representative of the 99
structure. If a phase two inspection i s required, within 180 100
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days after submitting a phase one inspection report the 101
architect or engineer performing the phase two inspection must 102
submit a phase two progress report to the local enforcement 103
agency with a timeline for completion of the phase two 104
inspection. An inspector who completes a phase two milestone 105
inspection shall prepare and submit an inspection report 106
pursuant to subsection (9) (8). 107
Section 2. Paragraph (g) of subsection (2) of section 108
718.112, Florida Statutes, is amended to read: 109
718.112 Bylaws.— 110
(2) REQUIRED PROVISIONS. —The bylaws shall provide for the 111
following and, if they do not do so, shall be deemed to include 112
the following: 113
(g) Structural integrity reserve study. — 114
1. A residential condominium association must have a 115
structural integrity reserve study completed at least every 10 116
years after the condominium's creation for each building on the 117
condominium property that is six three stories or higher in 118
height, as determined by the Florida Building Code, which 119
includes, at a minimum, a study of the following items as 120
related to the structural integrity and safety of the building: 121
a. Roof. 122
b. Structure, including load -bearing walls and other 123
primary structural members and primary structural systems as 124
those terms are defined in s. 627.706. 125
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c. Fireproofing and fire protection systems. 126
d. Plumbing. 127
e. Electrical systems. 128
f. Waterproofing and exterior painting. 129
g. Windows and exterior doors. 130
h. Any other item that has a deferred maintenance expense 131
or replacement cost that exceeds $10,000 and the failure to 132
replace or maintain such item negatively affects the items 133
listed in sub-subparagraphs a.-g., as determined by the visual 134
inspection portion of the structural integrity reserve study. 135
2. A structural integri ty reserve study is based on a 136
visual inspection of the condominium property. A structural 137
integrity reserve study may be performed by any person qualified 138
to perform such study. However, the visual inspection portion of 139
the structural integrity reserve st udy must be performed or 140
verified by an engineer licensed under chapter 471, an architect 141
licensed under chapter 481, or a person certified as a reserve 142
specialist or professional reserve analyst by the Community 143
Associations Institute or the Association o f Professional 144
Reserve Analysts. 145
3. At a minimum, a structural integrity reserve study must 146
identify each item of the condominium property being visually 147
inspected, state the estimated remaining useful life and the 148
estimated replacement cost or deferred maintenance expense of 149
each item of the condominium property being visually inspected, 150
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and provide a reserve funding schedule with a recommended annual 151
reserve amount that achieves the estimated replacement cost or 152
deferred maintenance expense of each item of condominium 153
property being visually inspected by the end of the estimated 154
remaining useful life of the item. The structural integrity 155
reserve study may recommend that reserves do not need to be 156
maintained for any item for which an estimate of useful li fe and 157
an estimate of replacement cost cannot be determined, or the 158
study may recommend a deferred maintenance expense amount for 159
such item. The structural integrity reserve study may recommend 160
that reserves for replacement costs do not need to be maintain ed 161
for any item with an estimated remaining useful life of greater 162
than 25 years, but the study may recommend a deferred 163
maintenance expense amount for such item. 164
4. This paragraph does not apply to buildings less than 165
six three stories in height; single -family, two-family, or 166
three-family dwellings with three or fewer habitable stories 167
above ground; any portion or component of a building that has 168
not been submitted to the condominium form of ownership; or any 169
portion or component of a building that is ma intained by a party 170
other than the association. 171
5. Before a developer turns over control of an association 172
to unit owners other than the developer, the developer must have 173
a turnover inspection report in compliance with s. 718.301(4)(p) 174
and (q) for each building on the condominium property that is 175
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three stories or higher in height . 176
6. Associations existing on or before July 1, 2022, which 177
are controlled by unit owners other than the developer, must 178
have a structural integrity reserve study completed by December 179
31, 2024, for each building on the condominium property that is 180
six three stories or higher in height. An association that is 181
required to complete a milestone inspection in accordance with 182
s. 553.899 on or before December 31, 2026, may complete th e 183
structural integrity reserve study simultaneously with the 184
milestone inspection. In no event may the structural integrity 185
reserve study be completed after December 31, 2026. 186
7. If the milestone inspection required by s. 553.899, or 187
an inspection comple ted for a similar local requirement, was 188
performed within the past 5 years and meets the requirements of 189
this paragraph, such inspection may be used in place of the 190
visual inspection portion of the structural integrity reserve 191
study. 192
8. If the officers o r directors of an association 193
willfully and knowingly fail to complete a structural integrity 194
reserve study pursuant to this paragraph, such failure is a 195
breach of an officer's and director's fiduciary relationship to 196
the unit owners under s. 718.111(1). 197
9. Within 45 days after receiving the structural integrity 198
reserve study, the association must distribute a copy of the 199
study to each unit owner or deliver to each unit owner a notice 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
that the completed study is available for inspection and copying 201
upon a written request. Distribution of a copy of the study or 202
notice must be made by United States mail or personal delivery 203
to the mailing address, property address, or any other address 204
of the owner provided to fulfill the association's notice 205
requirements under this chapter, or by electronic transmission 206
to the e-mail address or facsimile number provided to fulfill 207
the association's notice requirements to unit owners who 208
previously consented to receive notice by electronic 209
transmission. 210
10. Within 45 days a fter receiving the structural 211
integrity reserve study, the association must provide the 212
division with a statement indicating that the study was 213
completed and that the association provided or made available 214
such study to each unit owner in accordance with t his section. 215
The statement must be provided to the division in the manner 216
established by the division using a form posted on the 217
division's website. 218
Section 3. Paragraphs (a) and (b) of subsection (3) of 219
section 718.501, Florida Statutes, are amended t o read: 220
718.501 Authority, responsibility, and duties of Division 221
of Florida Condominiums, Timeshares, and Mobile Homes. — 222
(3)(a) On or before January 1, 2026 2023, condominium 223
associations existing on or before July 1, 2025 2022, must 224
provide the following information to the division in writing, by 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
e-mail, United States Postal Service, commercial delivery 226
service, or hand delivery, at a physical address or e -mail 227
address provided by the division and on a form posted on the 228
division's website: 229
1. The number of buildings on the condominium property 230
that are three stories or higher in height and six stories or 231
higher in height. 232
2. The total number of units in all such buildings. 233
3. The addresses of all such buildings. 234
4. The counties in which all such buildings are located. 235
(b) The division must compile a list , which is searchable 236
by county, of the number of buildings on condominium property 237
that are three stories or higher in height and six stories or 238
higher in height, which is searchable by cou nty, and must post 239
the list on the division's website. This list must include all 240
of the following information: 241
1. The name of each association with buildings on the 242
condominium property that are three stories or higher in height 243
and six stories or higher in height. 244
2. The number of such buildings on each association's 245
property. 246
3. The addresses of all such buildings. 247
4. The counties in which all such buildings are located. 248
Section 4. Paragraph (k) of subsection (1) of section 249
719.106, Florida Statutes, is amended to read: 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
719.106 Bylaws; cooperative ownership. — 251
(1) MANDATORY PROVISIONS. —The bylaws or other cooperative 252
documents shall provide for the following, and if they do not, 253
they shall be deemed to include the following: 254
(k) Structural integrity reserve study. — 255
1. A residential cooperative association must have a 256
structural integrity reserve study completed at least every 10 257
years for each building on the cooperative property that is six 258
three stories or higher in height, as det ermined by the Florida 259
Building Code, that includes, at a minimum, a study of the 260
following items as related to the structural integrity and 261
safety of the building: 262
a. Roof. 263
b. Structure, including load -bearing walls and other 264
primary structural member s and primary structural systems as 265
those terms are defined in s. 627.706. 266
c. Fireproofing and fire protection systems. 267
d. Plumbing. 268
e. Electrical systems. 269
f. Waterproofing and exterior painting. 270
g. Windows and exterior doors. 271
h. Any other item that has a deferred maintenance expense 272
or replacement cost that exceeds $10,000 and the failure to 273
replace or maintain such item negatively affects the items 274
listed in sub-subparagraphs a.-g., as determined by the visual 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
inspection portion of the structu ral integrity reserve study. 276
2. A structural integrity reserve study is based on a 277
visual inspection of the cooperative property. A structural 278
integrity reserve study may be performed by any person qualified 279
to perform such study. However, the visual ins pection portion of 280
the structural integrity reserve study must be performed or 281
verified by an engineer licensed under chapter 471, an architect 282
licensed under chapter 481, or a person certified as a reserve 283
specialist or professional reserve analyst by the Community 284
Associations Institute or the Association of Professional 285
Reserve Analysts. 286
3. At a minimum, a structural integrity reserve study must 287
identify each item of the cooperative property being visually 288
inspected, state the estimated remaining usefu l life and the 289
estimated replacement cost or deferred maintenance expense of 290
each item of the cooperative property being visually inspected, 291
and provide a reserve funding schedule with a recommended annual 292
reserve amount that achieves the estimated replace ment cost or 293
deferred maintenance expense of each item of cooperative 294
property being visually inspected by the end of the estimated 295
remaining useful life of the item. The structural integrity 296
reserve study may recommend that reserves do not need to be 297
maintained for any item for which an estimate of useful life and 298
an estimate of replacement cost cannot be determined, or the 299
study may recommend a deferred maintenance expense amount for 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
such item. The structural integrity reserve study may recommend 301
that reserves for replacement costs do not need to be maintained 302
for any item with an estimated remaining useful life of greater 303
than 25 years, but the study may recommend a deferred 304
maintenance expense amount for such item. 305
4. This paragraph does not apply to b uildings less than 306
six three stories in height; single -family, two-family, or 307
three-family dwellings with three or fewer habitable stories 308
above ground; any portion or component of a building that has 309
not been submitted to the cooperative form of ownership ; or any 310
portion or component of a building that is maintained by a party 311
other than the association. 312
5. Before a developer turns over control of an association 313
to unit owners other than the developer, the developer must have 314
a turnover inspection report in compliance with s. 719.301(4)(p) 315
and (q) for each building on the cooperative property that is 316
three stories or higher in height . 317
6. Associations existing on or before July 1, 2022, which 318
are controlled by unit owners other than the developer, must 319
have a structural integrity reserve study completed by December 320
31, 2024, for each building on the cooperative property that is 321
six three stories or higher in height. An association that is 322
required to complete a milestone inspection on or before 323
December 31, 2026, in accordance with s. 553.899 may complete 324
the structural integrity reserve study simultaneously with the 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
milestone inspection. In no event may the structural integrity 326
reserve study be completed after December 31, 2026. 327
7. If the milestone insp ection required by s. 553.899, or 328
an inspection completed for a similar local requirement, was 329
performed within the past 5 years and meets the requirements of 330
this paragraph, such inspection may be used in place of the 331
visual inspection portion of the stru ctural integrity reserve 332
study. 333
8. If the officers or directors of an association 334
willfully and knowingly fail to complete a structural integrity 335
reserve study pursuant to this paragraph, such failure is a 336
breach of an officer's and director's fiduciary relationship to 337
the unit owners under s. 719.104(9). 338
9. Within 45 days after receiving the structural integrity 339
reserve study, the association must distribute a copy of the 340
study to each unit owner or deliver to each unit owner a notice 341
that the completed study is available for inspection and copying 342
upon a written request. Distribution of a copy of the study or 343
notice must be made by United States mail or personal delivery 344
at the mailing address, property address, or any other address 345
of the owner provided to fulfill the association's notice 346
requirements under this chapter, or by electronic transmission 347
to the e-mail address or facsimile number provided to fulfill 348
the association's notice requirements to unit owners who 349
previously consented to receive not ice by electronic 350
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transmission. 351
10. Within 45 days after receiving the structural 352
integrity reserve study, the association must provide the 353
division with a statement indicating that the study was 354
completed and that the association provided or made availa ble 355
such study to each unit owner in accordance with this section. 356
Such statement must be provided to the division in the manner 357
established by the division using a form posted on the 358
division's website. 359
Section 5. Paragraphs (a) and (b) of subsection (3) of 360
section 719.501, Florida Statutes, are amended to read: 361
719.501 Powers and duties of Division of Florida 362
Condominiums, Timeshares, and Mobile Homes. — 363
(3)(a) On or before January 1, 2026 2023, cooperative 364
associations existing on or before July 1, 2025 2022, must 365
provide the following information to the division in writing, by 366
e-mail, United States Postal Service, commercial delivery 367
service, or hand delivery, at a physical address or e -mail 368
address provided by the division and on a form posted on the 369
division's website: 370
1. The number of buildings on the cooperative property 371
that are three stories or higher in height and six stories or 372
higher in height. 373
2. The total number of units in all s uch buildings. 374
3. The addresses of all such buildings. 375
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4. The counties in which all such buildings are located. 376
(b) The division must compile a list , which is searchable 377
by county, of the number of buildings on cooperative property 378
that are three stories or higher in height and six stories or 379
higher in height, which is searchable by county, and must post 380
the list on the division's website. This list must include all 381
of the following information: 382
1. The name of each association with buildings on the 383
cooperative property that are three stories or higher in height. 384
2. The number of such buildings on each association's 385
property. 386
3. The addresses of all such buildings. 387
4. The counties in which all such buildings are located. 388
Section 6. This act shall take effect July 1, 2025. 389