How the new security inspection law affects Florida landlords

On By Yukito

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  • The new law requires apartment complexes older than 30 years to be inspected for structural integrity and then every 10 years thereafter.
  • Initial inspections consist of two phases: Phase one, or “milestone,” is a cursory visual inspection conducted by an architect or engineer, while phase two is more extensive.
  • Phase two remedial work must be completed within 365 days of the report requesting such an inspection.

SB 4-D was put into effect after the fatal 2021 collapse of Champlain Tower South in Surfside, which killed 98 people. Engineering reports showed that the building was unsafe and required several million dollars in repairs, but the board feared the effects of a special assessment and did not undertake repairs before the building collapsed.

What does the new law contain and how does it work?

  • Any apartment complex that is 30 years or older must be inspected for structural integrity and then every 10 years thereafter. If the structure is located within 3 miles of the coast, inspection must be performed when the structure reaches 25 years of age and every 10 years thereafter.
  • All qualifying buildings must be registered with the state by January 1, 2025. Inspection reports must be completed by December 31, 2024.
  • Initial inspections consist of two phases: Phase one, or “milestone,” is a cursory visual inspection conducted by an architect or engineer, while phase two is more extensive. If a phase one inspection finds evidence of “significant structural deterioration,” a phase two inspection must be performed.
  • It requires a visual inspection in the first phase by a person with the qualifications of an engineer or architect. Phase one inspection includes a visual examination and identification of structural damage. Drone technology is often assisted.
  • Phase two remedial work must be completed within 365 days of the report requesting such an inspection. Phase one reports must be completed by December 31, 2024.

  • Requires the local code enforcement agency to review and determine whether a building is fit for human occupancy if the association fails to provide evidence that repairs have been planned or initiated in the event of significant deterioration within at least 365 days after receipt by the local implementing body of the second phase inspection report.
  • Under the law, directors who “willfully and knowingly” failed to order structural inspections “breached their fiduciary duties,” exposing volunteer board members to civil lawsuits.
  • The Florida Building Commission must review milestone inspection requirements and report to the governor, Senate president and House speaker by December 31 of this year.
  • All affected housing associations must conduct a Structural Integrity Reserve Survey (SIRS) every 10 years for each building in the association that is at least three stories tall to determine how much money should be set aside to address building integrity issues related to walls, floors , windows, water, sewage and electrical installations. The reserve fund must be fully funded.
  • Rental associations must distribute inspection reports to owners, tenants and potential buyers. Full inspection reports must be published on the association’s website.
  • Inspection records must be kept for 15 years.
  • The Florida Division of Condominiums, Timeshares and Mobile Homes is required to post on its website the number of buildings three stories or more tall and the total number of units in such buildings, and requires the division to post this information on its website.

Mike Diamond is a journalist at Palm Beach Post Officepart of the USA TODAY Florida Network. Covers Palm Beach County government. He can be contacted at [email protected]. Help support local journalism. Sign up today.