THE BILL ITSELF
SB 722
Condominium Structural Integrity Reserve Studies
Florida Senate - 2026 SB 722 By Senator Osgood 32-00381-26 2026722__
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A bill to be entitled
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An act relating to condominium structural integrity
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reserve studies; amending s. 553.899, F.S.; defining
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the term “structural integrity reserve study”;
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requiring condominium associations that govern a
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building of a specified height to conduct a structural
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integrity reserve study for a specified purpose;
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providing that condominium associations that govern a
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building that does not meet such specified height
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requirement are not required to conduct a structural
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integrity reserve study; authorizing certain
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condominium associations to elect, by a majority vote
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of their members, to waive or reduce reserve
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contributions; providing construction; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present paragraph (b) of subsection (2) and
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present subsections (3) through (15) of section 553.899, Florida
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Statutes, are redesignated as paragraph (c) of subsection (2)
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and subsections (4) through (16), respectively, a new paragraph
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(b) is added to subsection (2) of that section, a new subsection
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(3) is added to that section, and paragraph (d) of present
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subsection (3) and present subsections (6), (7), and (13) of
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that section are amended, to read:
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553.899 Mandatory structural inspections for condominium
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and cooperative buildings.—
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(2) As used in this section, the terms:
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(b) “Structural integrity reserve study” has the same
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meaning as in s. 718.103.
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(3)(a) Condominium associations that govern a building that
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is six stories or more in height, as determined by the Florida
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Building Code, must conduct a structural integrity reserve study
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of the building for the purpose of estimating future
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maintenance, repair, and replacement costs of common elements
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and funding adequate reserves based on the findings of the
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study.
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(b) Condominium associations that govern a building that is
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five stories or less in height, as determined by the Florida
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Building Code, are not required to conduct a structural
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integrity reserve study of the building and may, by a majority
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vote of the unit owners present at a duly called meeting, elect
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to waive or reduce reserve contributions.
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(c) A structural integrity reserve study conducted pursuant
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to this subsection must comply with the standards established
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under s. 718.112(2)(g).
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(4) (3)
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(d) The local enforcement agency may accept an inspection
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report prepared by a licensed engineer or architect for a
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structural integrity and condition inspection of a building
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performed before July 1, 2022, if the inspection and report
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substantially comply with the requirements of this section.
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Notwithstanding when such inspection was completed, the
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condominium or cooperative association must comply with the unit
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owner notice requirements in subsection (10) (9) . The inspection
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for which an inspection report is accepted by the local
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enforcement agency under this paragraph is deemed a milestone
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inspection for the applicable requirements in chapters 718 and
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719. If a previous inspection and report is accepted by the
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local enforcement agency under this paragraph, the deadline for
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the building’s subsequent 10-year milestone inspection is based
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on the date of the accepted previous inspection.
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(7) (6) Phase one of the milestone inspection must be
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completed within 180 days after the owner or owners of the
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building receive the written notice under subsection (6) (5) .
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For purposes of this section, completion of phase one of the
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milestone inspection means the licensed engineer or architect
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who performed the phase one inspection submitted the inspection
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report by e-mail, United States Postal Service, or commercial
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delivery service to the local enforcement agency.
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(8) (7) A milestone inspection consists of two phases:
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(a) For phase one of the milestone inspection, a licensed
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architect or engineer authorized to practice in this state shall
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perform a visual examination of habitable and nonhabitable areas
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of a building, including the major structural components of a
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building, and provide a qualitative assessment of the structural
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conditions of the building. If the architect or engineer finds
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no signs of substantial structural deterioration to any building
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components under visual examination, phase two of the
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inspection, as provided in paragraph (b), is not required. An
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architect or engineer who completes a phase one milestone
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inspection shall prepare and submit an inspection report
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pursuant to subsection (9) (8) .
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(b) A phase two of the milestone inspection must be
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performed if any substantial structural deterioration is
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identified during phase one. A phase two inspection may involve
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destructive or nondestructive testing at the inspector’s
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direction. The inspection may be as extensive or as limited as
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necessary to fully assess areas of structural distress in order
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to confirm that the building is structurally sound and safe for
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its intended use and to recommend a program for fully assessing
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and repairing distressed and damaged portions of the building.
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When determining testing locations, the inspector must give
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preference to locations that are the least disruptive and most
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easily repairable while still being representative of the
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structure. If a phase two inspection is required, within 180
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days after submitting a phase one inspection report the
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architect or engineer performing the phase two inspection must
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submit a phase two progress report to the local enforcement
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agency with a timeline for completion of the phase two
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inspection. An inspector who completes a phase two milestone
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inspection shall prepare and submit an inspection report
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pursuant to subsection (9) (8) .
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(14) (13) (a) On or before December 31, 2025, and on or
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before each December 31 thereafter, the local enforcement agency
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responsible for milestone inspections shall provide the
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department, in an electronic format determined by the
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department, information that must include, but is not limited
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to:
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1. The number of buildings required to have a milestone
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inspection within the agency’s jurisdiction.
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2. The number of buildings for which a phase one milestone
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inspection has been completed.
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3. The number of buildings granted an extension under
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paragraph (4)(c) (3)(c) .
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4. The number of buildings required to have a phase two
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milestone inspection.
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5. The number of buildings for which a phase two milestone
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inspection has been completed.
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6. The number, type, and value of permit applications
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received to complete repairs required by a phase two milestone
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inspection.
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7. A list of buildings deemed to be unsafe or uninhabitable
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as determined by a milestone inspection.
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8. The license number of the building code administrator
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responsible for milestone inspections for the local enforcement
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agency.
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(b) The department shall provide to the Office of Program
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Policy Analysis and Government Accountability (OPPAGA) all
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information obtained from the local enforcement agencies under
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paragraph (a) by the date specified and in a manner prescribed
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by OPPAGA. OPPAGA may request from a local enforcement agency
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any additional information necessary to compile the information
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and provide a report to the President of the Senate and the
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Speaker of the House of Representatives.
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Section 2. This act shall take effect July 1, 2026.