New Law Addresses Building Safety

In a surprise move, the Florida Legislature decided in its pending Special Session to take up the “Surfside legislation” that did not pass during the Regular Session earlier this year. A Bill was adopted unanimously by the Senate on May 24, 2022 by the House on May 25, and signed into law by the Governor on May 26. Here are some of the highlights. If a condominium building is 3 or more stories in height, a “milestone inspection” is required and must be performed by a licensed architect or engineer. The inspection must be performed within 30 years from the date the Certificate of Occupancy (“CO”) was issued for the building. However, if the building is within 3 miles of the coastline, the milestone inspection must be performed within 25 years of the CO date. The law is being phased in by requiring buildings that received a CO before July 1, 1992, to complete the first milestone inspection by December 31, 2024. The new law requires the “local enforcement agency,” presumably the local building department, to send notice to associations of the milestone inspection requirement. The association then has 180 days to perform a “Phase 1” inspection.