TALLAHASSEE — The Florida Legislature signed on Wednesday a proposed change to the Mansion Safety Act that passed after the 2021 collapse of Champlain Towers Southville, Surfside, which killed 98 people.
The measure, unanimously approved by the House and Senate (HB 913), heads towards Gov. Ron DeSantis, who has changed this year’s Condoming Act to one of the top priorities of this year’s legislative meeting.
The law passed in 2022 and tweaked in 2023 required “milestone inspections” and “preliminary structural integrity investigations” of older buildings, including whether or not they needed to save money for major repairs in the future.
Milestone inspections are due to be completed by the end of 2024 for certain older buildings with three or more stories. Some condo associations have hit owners with large ratings at the race to comply with deadlines. The rating is added to the homeowner’s regular association fees.
Sen. Jennifer Bradley, a Fleming Island Republican who shepherds condo safety issues in the Senate, said this year’s plans take into account dozens of Condominium Association meetings and opinions from thousands of residents.
“The bill comes from hearing owners talk about pleasing that their building needs to be safe, but that the process is fair and viable,” Bradley said.
The law has strengthened the safety of condominiums, but it poses economic challenges for some owners, Bradley said.
“With each milestone inspection, our condos are becoming safer, but the economic impact is echoing. Our commitment remains immovable to support condominium owners who have absorbed an incredible amount of change,” lawyer Bradley argued Wednesday.
The measure should now be completed by December 31st, extending the deadline for structural integration research, which Bradley said, has said, “we’re having a hard time meeting.”
The bill also states that milestone testing and structural booking studies will apply to buildings with three or more habitable stories. Under current law, a building requires more than three stories.
The proposal also allows a temporary suspension of reserve funds for two years immediately following the milestone inspection, giving condo associations “critical flexibility” to meet the reserve requirements, Bradley said. The bill allows the association to use credit or loan lines to meet its booking obligations if approved by a majority of owners.
“This process isn’t financially either. That’s not surprising. While major changes are difficult, it’s an obligation to adjust thoughtfully when the situation demands, and that’s what this bill does,” Bradley said.
The bill is a compromise between the Senate and the House of Representatives, passing a version of the condo amendment last week. The Senate on Wednesday made changes to the House bill, sent it back to the House, and passed the bill, which was amended a few hours later.
The measure also addresses a variety of other issues, including managers and management companies associated with apartments.
Additionally, the plan will report to local officials through October 1 to report certain information about milestone inspections to the State Department, including the number of buildings inspected and a list of buildings deemed unsafe.
The bill also requires design professionals such as architects and engineers, and contractors bidding for milestone inspection and structural statistical research to disclose to disclose if they bid on related maintenance, repair or replacement work.
Under current law, structural reservation studies cover features that affect the structural integrity or safety of a building, such as roofs, plumbing, electrical systems, windows, and exterior doors. The investigation also includes other items that postponed maintenance costs of more than $10,000, and the bill would raise $25,000.
Sen. Nick Diceglie of R-Indian Rocks Beach said there are hundreds of condo associations in the Pinellas County area.
“This is probably one of the most important parts of the law this body votes for,” Diceglie said. “People are financially hurt. They are against deciding whether to leave a dream called Florida. Many of them are on our coastline and are paradise. Safety is also at the forefront of this issue.
Sen. Gale Harrell of R-Stuart said the law was passed after the collapse of the surfside building worked and praised Bradley’s efforts.
“There were two condos in my district that were continuing to collapse,” Harrell said. “You really saved a life along the way, but you heard it too. And this bill is an evolution of where we started now. And there were a lot of pushbacks and a lot of issues, but you’ve started to deal with it.”
Rep. Vicki Lopez, a Miami Republican, is a Miami Republican called the “Condo Queen” by her colleagues in her home for sponsorship of the condominium safety measures, and said the “incredible bill” approved Wednesday would provide “financial relief” to condominium owners and associations.
“We tried to strike a delicate balance between the safety of our members and understanding the incredible financial impacts that these particular bills we have passed,” Lopez said.
