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Fla. Stat. § 718.703

Definitions.

milestone-inspectionsb-4dstructuralsafetyengineeringpost-surfside

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Plain-English summary

Common Elements summary — Section 718.703 is one half of Florida's post-Surfside structural reform (SB 4-D, 2022, amended 2023). It requires every condominium building three stories or taller to undergo a milestone inspection by a licensed engineer or architect by December 31 of the year the building turns 30 years old (25 years if within three miles of the coast), and every 10 years thereafter. The inspection has two phases. Phase 1 is a visual inspection of the building's structural elements; if the inspector finds no substantial structural deterioration, the report is filed and the building waits another 10 years. If Phase 1 identifies substantial structural deterioration, the engineer must conduct Phase 2 — a destructive or non-destructive testing protocol — and recommend repairs. Phase 2 reports must be submitted to the local building official and to every unit owner. For boards: the milestone is non-discretionary. Failing to commission the inspection by the deadline is a code violation that the building official can enforce by issuing a notice of unsafe structure. Start scheduling 12-18 months before the deadline — qualified engineers in South Florida are booked solid. See also 718.704 for the SIRS that pairs with this inspection.

Not legal advice. Statute reference is for education only — confirm citations on official sources and consult a Florida attorney for your situation.

Statutory text

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As used in this part, the term:

“Bulk assignee” means a person who is not a bulk buyer and who: (a) Acquires more than seven condominium parcels in a single condominium as set forth in s. 718.707; and (b) Receives an assignment of any of the developer rights, other than or in addition to those rights described in subsection (2), as set forth in the declaration of condominium or this chapter: 1. By a written instrument recorded as part of or as an exhibit to the deed; 2. By a separate instrument recorded in the public records of the county in which the condominium is located; or 3. Pursuant to a final judgment or certificate of title issued in favor of a purchaser at a foreclosure sale. A mortgagee or its assignee may not be deemed a bulk assignee or a developer by reason of the acquisition of condominium units and receipt of an assignment of some or all of a developer’s rights unless the mortgagee or its assignee exercises any of the developer rights other than those described in subsection (2).

“Bulk buyer” means a person who acquires more than seven condominium parcels in a single condominium as set forth in s. 718.707, but who does not receive an assignment of any developer rights, or receives only some or all of the following rights: (a) The right to conduct sales, leasing, and marketing activities within the condominium; (b) The right to be exempt from the payment of working capital contributions to the condominium association arising out of, or in connection with, the bulk buyer’s acquisition of the units; and (c) The right to be exempt from any rights of first refusal which may be held by the condominium association and would otherwise be applicable to subsequent transfers of title from the bulk buyer to a third party purchaser concerning one or more units.

Synced from the Florida Legislature’s official site. Verify the current version before citing.

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