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In the wake of the tragic Surfside condominium collapse in 2021, Florida Governor Ron DeSantis signed Senate Bill 4-D into law on May 26, 2022, which was then modified in 2023 through the passing of Senate Bill 154.  The revised law is now codified in Sec. 553.899, Florida Statutes, and Chapters 718 and 719, Florida Statutes, with the Chapters applying to the Condominium Act and the Cooperative Act, respectively. 

Every condominium or cooperative building that is three stories or more in height is required to undergo milestone inspections once the building is 30 years old, then every 10 years.  Some cities are more strict and require the first inspection when the age of the building reaches 25 years.  The due date for the first Milestone Inspection depends on various factors including whether your building falls under the extended deadline, and what your municipal code requires.  Check with your local building department for your building's Milestone Inspection deadline.

MILESTONE INSPECTION

A Milestone Inspection (MI) is a structural inspection of an aging building used to determine if substantial structural deterioration exists.

"Milestone Inspection” means a structural inspection of a building, including an inspection of load-bearing elements and the primary structural members and primary structural systems as defined in s. 627.706, by a Licensed Architect, Engineer, or by a team of professionals with a Licensed Architect or Licensed Engineer acting as the Registered Design Professional in responsible charge with all work and reports signed and sealed by the appropriate qualified team member.

The Licensed Inspector is authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural components of the building and, to the extent reasonably possible, determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair, or replacement of any structural component of the building.

Your local enforcement agency (the building official in your city), is responsible for notifying building’s owner(s) that a MI is required.  The local enforcement agency (city building official) must provide written notice by certified mail of the required inspection to the Condominium or Cooperative Association and any owner of any portion of the building, in accordance with Section 1803 of the Florida Building Code.  The Association must then notify unit owners of the required inspection within 14 days after receipt of the notice.

A MI consists of two phases:

• Phase 1 is a visual assessment of the building’s structure that determines if evidence of substantial structural deterioration is present.  Once Phase 1 is complete, a report is submitted to the local enforcement agency.  If no signs of substantial structural deterioration are found, Phase 2 of the inspection is not required.

• Phase 2 is only performed if substantial structural deterioration was identified during Phase 1.  A Phase 2 inspection may involve destructive testing to confirm if the building is structurally sound and safe, and will recommend a program for assessing and repairing the damaged portions of the building.

SB 4-D requires that if a Milestone Inspection is required and the building’s Certificate of Occupancy was issued on or before July 1, 1992, the building’s initial Milestone Inspection is to be performed before December 31, 2024.

NOTE:  SB 4-D requires Developer and non-developer unit Owners to give prospective Buyers of a unit a copy of the inspector-prepared summary of the Milestone Inspection report.

For Reference:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0553/Sections/0553.899.html

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.706.html

https://www.flsenate.gov/Session/Bill/2022D/4D/BillText/er/PDF

https://www.flsenate.gov/Session/Bill/2023/154/BillText/er/PDF

• The Milestone Inspection is due when the building hits the 30-year mark, unless your city requires 25 years, then every 10 years thereafter.

• The Condominium or Cooperative must complete a Phase 1 Milestone Inspection within 180 days of receiving a certified written notice from your City Building Official. 

• A Phase 1 Inspection must be performed by a Florida-licensed Engineer or Architect.

• A Phase 1 Inspection is a visual examination of habitable and non-habitable areas of a building, including its major structural components. It provides a qualitative assessment of the building's structural condition.

• If the Architect or Engineer finds any signs of substantial structural deterioration during a Phase 1 inspection, a Phase 2 Inspection must be performed.

• Upon completion of a Phase 1 or Phase 2 inspection, the Engineer or Architect of record must submit a sealed copy of the Inspection Report with a summary of, at minimum, the material findings and recommendations in the inspection report to the Condominium Association or Cooperative Association and to the City Building Official.

• Any substantial structural deterioration repairs identified must commence within 365 days of the City Building Official receiving the Phase 2 report.

All residential Condominiums and Cooperative buildings (including mixed-ownership buildings) in the state of Florida that are three or more stories in height are required to have a MI when the building reaches a certain age:

• 30 years of age and every 10 years thereafter, or

• 25 years of age and every 10 years thereafter if the local enforcement agency has determined that local circumstances require the initial MI be performed at 25 years instead of 30 years.

The age of a building is determined by the date the certificate of occupancy was issued.

For Reference:

https://condos.myfloridalicense.com/inspections/#Milestone-Inspections

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0553/Sections/0553.899.html

Buildings, 3 stories or higher, built prior to July 1, 1992 were REQUIRED to have a 

Milestone Inspection by 

• 553.899(3)(a) An owner or owners of a building that is three habitable stories or more in height as determined by the Florida Building Code and that is subject, in whole or in part, to the Condominium or Cooperative form of ownership as a residential Condominium under chapter 718 or a residential Cooperative under chapter 719 must have a Milestone Inspection performed by December 31 of the year in which the building reaches 30 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter. 

• If a building reached 30 years of age before July 1, 2022, the building’s initial Milestone Inspection must be performed before 

• If a building reaches 30 years of age on or after July 1, 2022, and before December 31, 2024, the building’s initial milestone inspection must be performed before 

• If the date of issuance for the certificate of occupancy is not available, the date of issuance of the building’s certificate of occupancy shall be the date of occupancy evidenced in any record of the local Building Official.

For Reference:

https://m.flsenate.gov/Statutes/553.899

The Owners of a residential Condominium or Cooperative are required to have the Milestone Inspection performed.  

The Condominium or Cooperative Association and any owner of a portion of the building that is not owned by the Condominium or Cooperative Association are responsible for the cost of a Milestone Inspection.

For Reference:

https://m.flsenate.gov/Statutes/553.899

A MI report includes:

• A list of the material findings and recommendations.

• A description of how the inspection was performed.

• An identification of any substantial structural deterioration and repair recommendations.

• A determination of whether unsafe or dangerous conditions were identified.

• A recommendation for remedial or preventive repair of non-substantial structural deterioration.

• An identification of items requiring further inspection.

• A separate summary of findings.

• A signature and seal by the licensed professional who performed the inspection.

The Condominium or Cooperative Association will receive a copy of the MI report and is required to distribute a copy of the inspector-prepared summary report to each unit owner within 45 days of receiving the report.

A copy of the summary must also be posted in a conspicuous place, and the full report along with the inspector-prepared summary must be published on the Association’s website if the association is required to have a website.

If repairs need to be made, the building owner has 365 days to complete the repairs and correct the structural deficiencies that are indicated by the Phase 2 Milestone Inspection report.  Once the repairs have been made, a professional must reinspect the building and provide an amended report, stating that all required repairs have been completed, and the building is acceptable for continued occupancy.

When a Milestone Inspection report states that repairs are needed, the Association must follow a structured process to comply with Florida law — particularly SB 4D and SB 154. 

• The licensed Engineer or Architect will issue a written report identifying structural issues and necessary repairs.

• The Association's Board must review the report and share it with all unit owners.

• The report must be retained as an official record and posted on the Association’s website (if applicable).
   

• Submit the completed MI Report to your local Building Department and the Florida Department of Business and Professional Regulation (DBPR).

• This submission is required within 180 days of being notified that the Milestone Inspection is due.
   

• Your Board must consult with the inspecting Engineer or another qualified professional to:

• Develop a repair plan.

• Prioritize life safety and structural stability issues first.

• This may also trigger a Structural Integrity Reserve Study (SIRS), which is mandatory under certain conditions.
   

• Unit owners must be informed of:

• The inspection findings.

• Planned repairs.

• Estimated costs and timelines

• Transparency is key, especially if a special assessment or loan will be used to fund the repairs.
   

• The Association must fund the repairs, which may involve:

• Using reserve funds.

• Borrowing (loan assistance may be required).

• Levying a Special Assessment on Unit Owners.
   

• The Association must hire Licensed and Insured Contractors to carry out the necessary repairs.

• Permits must be pulled where required by the local Building Department.
   

• Repairs should be completed within a reasonable time frame, based on urgency and local Building Department guidelines.

• Follow-up inspections may be needed to ensure work is up to Florida Building Code.
   

• Once repairs are completed, update the Association records.

• Notify the local authority, (Building Dept), and the DBPR if required, showing that the issues have been addressed.