Florida - A Safer Place to Live

By Jen Wiggins

On May 3, 2023, the Florida Senate passed bill SB 154, which amends last year’s condominiumsafety law SB 4-D following the deadly Surfside building collapse of June 2021. Governor Ron DeSantis signed this into law on Friday, June 9.

The proposed SB 154 bill modifications clarify structural integrity guidelines and milestone inspection protocols. SB 154 will allow more flexibility regarding the condo safety law. One essential change will limit the “milestone” inspection requirement to only include residential and mixed-use buildings. The new bill will also require the Florida Building Commission authority to establish an inspection program. Additionally, locally appointed teams will be permitted to conduct milestone inspections and extend inspection deadlines when justified.

While SB 4-D was intended to prevent future catastrophes related to aging condo buildings, the vague regulations caused confusion and frustration. The new SB 154 bill offers clarification and includes the following exclusions and exemptions. The previous inspection rules will be replaced with a 30-year inspection for all buildings 3 stories and higher, regardless of location and coastline proximity. Additionally, this new timeframe will allow up to an additional 12 months for the first inspection to be completed.

Additionally, local officials will have the authority to determine whether or not buildings within 3 miles of the coast should be inspected every 25 or 30 years, based on local and environmental circumstances.

Though the new bill does not directly address financial solutions, condo owners will see some positive changes. Under SB 154, condo owners will no longer be required to have Citizens' Flood Insurance coverage. It will also exclude insurance premiums from the 115% threshold regarding budget increases. Further, associations must notify all condo owners of an upcoming milestone inspection, as all unit owners will be financially responsible for any necessary repairs required after the assessment.

Regarding building repairs, in the past condo associations have avoided building maintenance as a way to keep costs down for residents. However, last year’s SB 4-D made it a requirement that reserve funding be set aside for significant building repairs. Under SB 154, a qualified person working under or as an engineer or architect, conducts a “Structural Integrity Reserve Study” (SIRS). This evaluation determines a timeframe and how much is needed for upkeep and repairs on things like fire-protection systems, roofs, and loadbearing walls, among many other major components of the building. Under SB 154, condo boards can no longer vote on and waive this funding completely or partially.

While this new bill may not address the financial issues of SB 4-D, many of the changes do offer flexibility as communities adjust to inflation, repairs, higher cost of living, and other financial constraints.

Bottom line, condos are a great way to enjoy the beachfront experience or make it possible to call Florida home. If you’re considering buying a condo, be sure to do your research before signing the dotted line and make sure your real estate agent is up-to-date on the new legislation.

Jen is a local real estate agent with Coldwell Banker in New Tampa. You can contact Jen at Jen@LetsTalkTampa.com