Florida 2025 Regular Session

Florida House Bill H1415 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1415 2025
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8	8	hb1415-00
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to structural integrity reserve 2
16	16	studies; amending s. 553.899, F.S.; defining the term 3
17	17	"structural integrity reserve study"; requiring 4
18	18	condominium and cooperative associations that govern a 5
19	19	building of a specified height to conduct a structural 6
20	20	integrity reserve study for a specified purpose; 7
21	21	providing that condominium and cooperative 8
22	22	associations that govern a building that does not meet 9
23	23	such specified height requirement are not required to 10
24	24	conduct a structural integrity reserve study; 11
25	25	authorizing certain condominium and cooperative 12
26	26	associations to elect, by a majority vote of unit 13
27	27	owners, to waive or reduce reserve contributions; 14
28	28	requiring a structural integrity reserve study to 15
29	29	comply with certain standards; amending ss. 718.112, 16
30	30	718.501, 719.106, and 719.501 F.S.; conforming 17
31	31	provisions to changes made by the act; providing an 18
32	32	effective date. 19
33	33	20
34	34	Be It Enacted by the Legislature of the State of Florida: 21
35	35	22
36	36	Section 1. Paragraph (b) of subsection (2) of section 23
37	37	553.899, Florida Statutes, is redesignated as paragraph (c), 24
38	38	subsections (3) through (13) are renumbered as subsections (4) 25
39	39
40	40	HB 1415 2025
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45	45	hb1415-00
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47	47	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
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49	49
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51	51	through (14), respectively, paragraph (d) of present subsection 26
52	52	(3) and present subsections (6) and (7) are amended, a new 27
53	53	paragraph (b) is added to subsection (2), and a new subsection 28
54	54	(3) is added to that section, to read: 29
55	55	553.899 Mandatory structural inspections for condominium 30
56	56	and cooperative buildings. — 31
57	57	(2) As used in this section, the terms: 32
58	58	(b) "Structural integrity reserve study" has the same 33
59	59	meaning as in s. 718.103. 34
60	60	(3)(a) Condominium and cooperative associations that 35
61	61	govern a building that is six stories or higher in height, as 36
62	62	determined by the Flori da Building Code, must conduct a 37
63	63	structural integrity reserve study of the building for the 38
64	64	purpose of estimating future maintenance, repair, and 39
65	65	replacement costs of common elements and funding adequate 40
66	66	reserves based on the findings of the study. 41
67	67	(b) Condominium and cooperative associations that govern a 42
68	68	building that is five stories or fewer in height, as determined 43
69	69	by the Florida Building Code, are not required to conduct a 44
70	70	structural integrity reserve study of the building and may, by a 45
71	71	majority vote of the unit owners present at a duly called 46
72	72	meeting, elect to waive or reduce reserve contributions. 47
73	73	(c) A structural integrity reserve study conducted 48
74	74	pursuant to this subsection must comply with the standards 49
75	75	established in s. 718.112(2)(g). 50
76	76
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84	84	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
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88	88	(4)(3) 51
89	89	(d) The local enforcement agency may accept an inspection 52
90	90	report prepared by a licensed engineer or architect for a 53
91	91	structural integrity and condition inspection of a building 54
92	92	performed before July 1, 2022, if the inspection and report 55
93	93	substantially comply with the requirements of this section. 56
94	94	Notwithstanding when such inspection was completed, the 57
95	95	condominium or cooperative association must comply with the unit 58
96	96	owner notice requirements in subsection (10) (9). The inspection 59
97	97	for which an inspection repor t is accepted by the local 60
98	98	enforcement agency under this paragraph is deemed a milestone 61
99	99	inspection for the applicable requirements in chapters 718 and 62
100	100	719. If a previous inspection and report is accepted by the 63
101	101	local enforcement agency under this paragrap h, the deadline for 64
102	102	the building's subsequent 10 -year milestone inspection is based 65
103	103	on the date of the accepted previous inspection. 66
104	104	(7)(6) Phase one of the milestone inspection must be 67
105	105	completed within 180 days after the owner or owners of the 68
106	106	building receive the written notice under subsection (6) (5). 69
107	107	For purposes of this section, completion of phase one of the 70
108	108	milestone inspection means the licensed engineer or architect 71
109	109	who performed the phase one inspection submitted the inspection 72
110	110	report by e-mail, United States Postal Service, or commercial 73
111	111	delivery service to the local enforcement agency. 74
112	112	(8)(7) A milestone inspection consists of two phases: 75
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121	121	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
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125	125	(a) For phase one of the milestone inspection, a licensed 76
126	126	architect or engineer authorized to practice in this state shall 77
127	127	perform a visual examination of habitable and nonhabitable areas 78
128	128	of a building, including the major structural components of a 79
129	129	building, and provide a qualitative assessment of the structural 80
130	130	conditions of the building. If the architec t or engineer finds 81
131	131	no signs of substantial structural deterioration to any building 82
132	132	components under visual examination, phase two of the 83
133	133	inspection, as provided in paragraph (b), is not required. An 84
134	134	architect or engineer who completes a phase one milesto ne 85
135	135	inspection shall prepare and submit an inspection report 86
136	136	pursuant to subsection (9) (8). 87
137	137	(b) A phase two of the milestone inspection must be 88
138	138	performed if any substantial structural deterioration is 89
139	139	identified during phase one. A phase two inspection may involve 90
140	140	destructive or nondestructive testing at the inspector's 91
141	141	direction. The inspection may be as extensive or as limited as 92
142	142	necessary to fully assess areas of structural distress in order 93
143	143	to confirm that the building is structurally sound and safe for 94
144	144	its intended use and to recommend a program for fully assessing 95
145	145	and repairing distressed a nd damaged portions of the building. 96
146	146	When determining testing locations, the inspector must give 97
147	147	preference to locations that are the least disruptive and most 98
148	148	easily repairable while still being representative of the 99
149	149	structure. If a phase two inspection i s required, within 180 100
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158	158	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
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162	162	days after submitting a phase one inspection report the 101
163	163	architect or engineer performing the phase two inspection must 102
164	164	submit a phase two progress report to the local enforcement 103
165	165	agency with a timeline for completion of the phase two 104
166	166	inspection. An inspector who completes a phase two milestone 105
167	167	inspection shall prepare and submit an inspection report 106
168	168	pursuant to subsection (9) (8). 107
169	169	Section 2. Paragraph (g) of subsection (2) of section 108
170	170	718.112, Florida Statutes, is amended to read: 109
171	171	718.112 Bylaws.— 110
172	172	(2) REQUIRED PROVISIONS. —The bylaws shall provide for the 111
173	173	following and, if they do not do so, shall be deemed to include 112
174	174	the following: 113
175	175	(g) Structural integrity reserve study. — 114
176	176	1. A residential condominium association must have a 115
177	177	structural integrity reserve study completed at least every 10 116
178	178	years after the condominium's creation for each building on the 117
179	179	condominium property that is six three stories or higher in 118
180	180	height, as determined by the Florida Building Code, which 119
181	181	includes, at a minimum, a study of the following items as 120
182	182	related to the structural integrity and safety of the building: 121
183	183	a. Roof. 122
184	184	b. Structure, including load -bearing walls and other 123
185	185	primary structural members and primary structural systems as 124
186	186	those terms are defined in s. 627.706. 125
187	187
188	188	HB 1415 2025
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190	190
191	191
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195	195	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
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197	197
198	198
199	199	c. Fireproofing and fire protection systems. 126
200	200	d. Plumbing. 127
201	201	e. Electrical systems. 128
202	202	f. Waterproofing and exterior painting. 129
203	203	g. Windows and exterior doors. 130
204	204	h. Any other item that has a deferred maintenance expense 131
205	205	or replacement cost that exceeds $10,000 and the failure to 132
206	206	replace or maintain such item negatively affects the items 133
207	207	listed in sub-subparagraphs a.-g., as determined by the visual 134
208	208	inspection portion of the structural integrity reserve study. 135
209	209	2. A structural integri ty reserve study is based on a 136
210	210	visual inspection of the condominium property. A structural 137
211	211	integrity reserve study may be performed by any person qualified 138
212	212	to perform such study. However, the visual inspection portion of 139
213	213	the structural integrity reserve st udy must be performed or 140
214	214	verified by an engineer licensed under chapter 471, an architect 141
215	215	licensed under chapter 481, or a person certified as a reserve 142
216	216	specialist or professional reserve analyst by the Community 143
217	217	Associations Institute or the Association o f Professional 144
218	218	Reserve Analysts. 145
219	219	3. At a minimum, a structural integrity reserve study must 146
220	220	identify each item of the condominium property being visually 147
221	221	inspected, state the estimated remaining useful life and the 148
222	222	estimated replacement cost or deferred maintenance expense of 149
223	223	each item of the condominium property being visually inspected, 150
224	224
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232	232	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
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234	234
235	235
236	236	and provide a reserve funding schedule with a recommended annual 151
237	237	reserve amount that achieves the estimated replacement cost or 152
238	238	deferred maintenance expense of each item of condominium 153
239	239	property being visually inspected by the end of the estimated 154
240	240	remaining useful life of the item. The structural integrity 155
241	241	reserve study may recommend that reserves do not need to be 156
242	242	maintained for any item for which an estimate of useful li fe and 157
243	243	an estimate of replacement cost cannot be determined, or the 158
244	244	study may recommend a deferred maintenance expense amount for 159
245	245	such item. The structural integrity reserve study may recommend 160
246	246	that reserves for replacement costs do not need to be maintain ed 161
247	247	for any item with an estimated remaining useful life of greater 162
248	248	than 25 years, but the study may recommend a deferred 163
249	249	maintenance expense amount for such item. 164
250	250	4. This paragraph does not apply to buildings less than 165
251	251	six three stories in height; single -family, two-family, or 166
252	252	three-family dwellings with three or fewer habitable stories 167
253	253	above ground; any portion or component of a building that has 168
254	254	not been submitted to the condominium form of ownership; or any 169
255	255	portion or component of a building that is ma intained by a party 170
256	256	other than the association. 171
257	257	5. Before a developer turns over control of an association 172
258	258	to unit owners other than the developer, the developer must have 173
259	259	a turnover inspection report in compliance with s. 718.301(4)(p) 174
260	260	and (q) for each building on the condominium property that is 175
261	261
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267	267	hb1415-00
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269	269	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
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271	271
272	272
273	273	three stories or higher in height . 176
274	274	6. Associations existing on or before July 1, 2022, which 177
275	275	are controlled by unit owners other than the developer, must 178
276	276	have a structural integrity reserve study completed by December 179
277	277	31, 2024, for each building on the condominium property that is 180
278	278	six three stories or higher in height. An association that is 181
279	279	required to complete a milestone inspection in accordance with 182
280	280	s. 553.899 on or before December 31, 2026, may complete th e 183
281	281	structural integrity reserve study simultaneously with the 184
282	282	milestone inspection. In no event may the structural integrity 185
283	283	reserve study be completed after December 31, 2026. 186
284	284	7. If the milestone inspection required by s. 553.899, or 187
285	285	an inspection comple ted for a similar local requirement, was 188
286	286	performed within the past 5 years and meets the requirements of 189
287	287	this paragraph, such inspection may be used in place of the 190
288	288	visual inspection portion of the structural integrity reserve 191
289	289	study. 192
290	290	8. If the officers o r directors of an association 193
291	291	willfully and knowingly fail to complete a structural integrity 194
292	292	reserve study pursuant to this paragraph, such failure is a 195
293	293	breach of an officer's and director's fiduciary relationship to 196
294	294	the unit owners under s. 718.111(1). 197
295	295	9. Within 45 days after receiving the structural integrity 198
296	296	reserve study, the association must distribute a copy of the 199
297	297	study to each unit owner or deliver to each unit owner a notice 200
298	298
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306	306	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
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308	308
309	309
310	310	that the completed study is available for inspection and copying 201
311	311	upon a written request. Distribution of a copy of the study or 202
312	312	notice must be made by United States mail or personal delivery 203
313	313	to the mailing address, property address, or any other address 204
314	314	of the owner provided to fulfill the association's notice 205
315	315	requirements under this chapter, or by electronic transmission 206
316	316	to the e-mail address or facsimile number provided to fulfill 207
317	317	the association's notice requirements to unit owners who 208
318	318	previously consented to receive notice by electronic 209
319	319	transmission. 210
320	320	10. Within 45 days a fter receiving the structural 211
321	321	integrity reserve study, the association must provide the 212
322	322	division with a statement indicating that the study was 213
323	323	completed and that the association provided or made available 214
324	324	such study to each unit owner in accordance with t his section. 215
325	325	The statement must be provided to the division in the manner 216
326	326	established by the division using a form posted on the 217
327	327	division's website. 218
328	328	Section 3. Paragraphs (a) and (b) of subsection (3) of 219
329	329	section 718.501, Florida Statutes, are amended t o read: 220
330	330	718.501 Authority, responsibility, and duties of Division 221
331	331	of Florida Condominiums, Timeshares, and Mobile Homes. — 222
332	332	(3)(a) On or before January 1, 2026 2023, condominium 223
333	333	associations existing on or before July 1, 2025 2022, must 224
334	334	provide the following information to the division in writing, by 225
335	335
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343	343	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
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345	345
346	346
347	347	e-mail, United States Postal Service, commercial delivery 226
348	348	service, or hand delivery, at a physical address or e -mail 227
349	349	address provided by the division and on a form posted on the 228
350	350	division's website: 229
351	351	1. The number of buildings on the condominium property 230
352	352	that are three stories or higher in height and six stories or 231
353	353	higher in height. 232
354	354	2. The total number of units in all such buildings. 233
355	355	3. The addresses of all such buildings. 234
356	356	4. The counties in which all such buildings are located. 235
357	357	(b) The division must compile a list , which is searchable 236
358	358	by county, of the number of buildings on condominium property 237
359	359	that are three stories or higher in height and six stories or 238
360	360	higher in height, which is searchable by cou nty, and must post 239
361	361	the list on the division's website. This list must include all 240
362	362	of the following information: 241
363	363	1. The name of each association with buildings on the 242
364	364	condominium property that are three stories or higher in height 243
365	365	and six stories or higher in height. 244
366	366	2. The number of such buildings on each association's 245
367	367	property. 246
368	368	3. The addresses of all such buildings. 247
369	369	4. The counties in which all such buildings are located. 248
370	370	Section 4. Paragraph (k) of subsection (1) of section 249
371	371	719.106, Florida Statutes, is amended to read: 250
372	372
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380	380	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
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382	382
383	383
384	384	719.106 Bylaws; cooperative ownership. — 251
385	385	(1) MANDATORY PROVISIONS. —The bylaws or other cooperative 252
386	386	documents shall provide for the following, and if they do not, 253
387	387	they shall be deemed to include the following: 254
388	388	(k) Structural integrity reserve study. — 255
389	389	1. A residential cooperative association must have a 256
390	390	structural integrity reserve study completed at least every 10 257
391	391	years for each building on the cooperative property that is six 258
392	392	three stories or higher in height, as det ermined by the Florida 259
393	393	Building Code, that includes, at a minimum, a study of the 260
394	394	following items as related to the structural integrity and 261
395	395	safety of the building: 262
396	396	a. Roof. 263
397	397	b. Structure, including load -bearing walls and other 264
398	398	primary structural member s and primary structural systems as 265
399	399	those terms are defined in s. 627.706. 266
400	400	c. Fireproofing and fire protection systems. 267
401	401	d. Plumbing. 268
402	402	e. Electrical systems. 269
403	403	f. Waterproofing and exterior painting. 270
404	404	g. Windows and exterior doors. 271
405	405	h. Any other item that has a deferred maintenance expense 272
406	406	or replacement cost that exceeds $10,000 and the failure to 273
407	407	replace or maintain such item negatively affects the items 274
408	408	listed in sub-subparagraphs a.-g., as determined by the visual 275
409	409
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417	417	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
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421	421	inspection portion of the structu ral integrity reserve study. 276
422	422	2. A structural integrity reserve study is based on a 277
423	423	visual inspection of the cooperative property. A structural 278
424	424	integrity reserve study may be performed by any person qualified 279
425	425	to perform such study. However, the visual ins pection portion of 280
426	426	the structural integrity reserve study must be performed or 281
427	427	verified by an engineer licensed under chapter 471, an architect 282
428	428	licensed under chapter 481, or a person certified as a reserve 283
429	429	specialist or professional reserve analyst by the Community 284
430	430	Associations Institute or the Association of Professional 285
431	431	Reserve Analysts. 286
432	432	3. At a minimum, a structural integrity reserve study must 287
433	433	identify each item of the cooperative property being visually 288
434	434	inspected, state the estimated remaining usefu l life and the 289
435	435	estimated replacement cost or deferred maintenance expense of 290
436	436	each item of the cooperative property being visually inspected, 291
437	437	and provide a reserve funding schedule with a recommended annual 292
438	438	reserve amount that achieves the estimated replace ment cost or 293
439	439	deferred maintenance expense of each item of cooperative 294
440	440	property being visually inspected by the end of the estimated 295
441	441	remaining useful life of the item. The structural integrity 296
442	442	reserve study may recommend that reserves do not need to be 297
443	443	maintained for any item for which an estimate of useful life and 298
444	444	an estimate of replacement cost cannot be determined, or the 299
445	445	study may recommend a deferred maintenance expense amount for 300
446	446
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454	454	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
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456	456
457	457
458	458	such item. The structural integrity reserve study may recommend 301
459	459	that reserves for replacement costs do not need to be maintained 302
460	460	for any item with an estimated remaining useful life of greater 303
461	461	than 25 years, but the study may recommend a deferred 304
462	462	maintenance expense amount for such item. 305
463	463	4. This paragraph does not apply to b uildings less than 306
464	464	six three stories in height; single -family, two-family, or 307
465	465	three-family dwellings with three or fewer habitable stories 308
466	466	above ground; any portion or component of a building that has 309
467	467	not been submitted to the cooperative form of ownership ; or any 310
468	468	portion or component of a building that is maintained by a party 311
469	469	other than the association. 312
470	470	5. Before a developer turns over control of an association 313
471	471	to unit owners other than the developer, the developer must have 314
472	472	a turnover inspection report in compliance with s. 719.301(4)(p) 315
473	473	and (q) for each building on the cooperative property that is 316
474	474	three stories or higher in height . 317
475	475	6. Associations existing on or before July 1, 2022, which 318
476	476	are controlled by unit owners other than the developer, must 319
477	477	have a structural integrity reserve study completed by December 320
478	478	31, 2024, for each building on the cooperative property that is 321
479	479	six three stories or higher in height. An association that is 322
480	480	required to complete a milestone inspection on or before 323
481	481	December 31, 2026, in accordance with s. 553.899 may complete 324
482	482	the structural integrity reserve study simultaneously with the 325
483	483
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491	491	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
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495	495	milestone inspection. In no event may the structural integrity 326
496	496	reserve study be completed after December 31, 2026. 327
497	497	7. If the milestone insp ection required by s. 553.899, or 328
498	498	an inspection completed for a similar local requirement, was 329
499	499	performed within the past 5 years and meets the requirements of 330
500	500	this paragraph, such inspection may be used in place of the 331
501	501	visual inspection portion of the stru ctural integrity reserve 332
502	502	study. 333
503	503	8. If the officers or directors of an association 334
504	504	willfully and knowingly fail to complete a structural integrity 335
505	505	reserve study pursuant to this paragraph, such failure is a 336
506	506	breach of an officer's and director's fiduciary relationship to 337
507	507	the unit owners under s. 719.104(9). 338
508	508	9. Within 45 days after receiving the structural integrity 339
509	509	reserve study, the association must distribute a copy of the 340
510	510	study to each unit owner or deliver to each unit owner a notice 341
511	511	that the completed study is available for inspection and copying 342
512	512	upon a written request. Distribution of a copy of the study or 343
513	513	notice must be made by United States mail or personal delivery 344
514	514	at the mailing address, property address, or any other address 345
515	515	of the owner provided to fulfill the association's notice 346
516	516	requirements under this chapter, or by electronic transmission 347
517	517	to the e-mail address or facsimile number provided to fulfill 348
518	518	the association's notice requirements to unit owners who 349
519	519	previously consented to receive not ice by electronic 350
520	520
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528	528	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
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532	532	transmission. 351
533	533	10. Within 45 days after receiving the structural 352
534	534	integrity reserve study, the association must provide the 353
535	535	division with a statement indicating that the study was 354
536	536	completed and that the association provided or made availa ble 355
537	537	such study to each unit owner in accordance with this section. 356
538	538	Such statement must be provided to the division in the manner 357
539	539	established by the division using a form posted on the 358
540	540	division's website. 359
541	541	Section 5. Paragraphs (a) and (b) of subsection (3) of 360
542	542	section 719.501, Florida Statutes, are amended to read: 361
543	543	719.501 Powers and duties of Division of Florida 362
544	544	Condominiums, Timeshares, and Mobile Homes. — 363
545	545	(3)(a) On or before January 1, 2026 2023, cooperative 364
546	546	associations existing on or before July 1, 2025 2022, must 365
547	547	provide the following information to the division in writing, by 366
548	548	e-mail, United States Postal Service, commercial delivery 367
549	549	service, or hand delivery, at a physical address or e -mail 368
550	550	address provided by the division and on a form posted on the 369
551	551	division's website: 370
552	552	1. The number of buildings on the cooperative property 371
553	553	that are three stories or higher in height and six stories or 372
554	554	higher in height. 373
555	555	2. The total number of units in all s uch buildings. 374
556	556	3. The addresses of all such buildings. 375
557	557
558	558	HB 1415 2025
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560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb1415-00
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565	565	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
566	566
567	567
568	568
569	569	4. The counties in which all such buildings are located. 376
570	570	(b) The division must compile a list , which is searchable 377
571	571	by county, of the number of buildings on cooperative property 378
572	572	that are three stories or higher in height and six stories or 379
573	573	higher in height, which is searchable by county, and must post 380
574	574	the list on the division's website. This list must include all 381
575	575	of the following information: 382
576	576	1. The name of each association with buildings on the 383
577	577	cooperative property that are three stories or higher in height. 384
578	578	2. The number of such buildings on each association's 385
579	579	property. 386
580	580	3. The addresses of all such buildings. 387
581	581	4. The counties in which all such buildings are located. 388
582	582	Section 6. This act shall take effect July 1, 2025. 389