In this article: We break down the key updates to Florida’s Milestone Inspection requirements introduced by CS/CS/HB 913, effective July 1, 2025. We’ll explore crucial changes such as the new “habitable stories” definition for building applicability, the strict 365-day deadline for commencing repairs after a Phase Two inspection, updated local agency reporting duties, and new conflict of interest disclosure rules for inspectors and contractors. Our goal is to help your association understand these critical modifications and prepare effectively.
Florida’s building safety landscape is continuously evolving, and if you own or manage a condominium or cooperative building, staying ahead of these changes is more important than ever. A significant new piece of legislation, CS/CS/HB 913, is set to introduce further updates to Florida’s Milestone Inspection requirements, with many provisions taking effect on July 1, 2025.Are you ready for what’s next? In this article, we break down the key changes to Milestone Inspections brought by HB 913, helping your association understand what these updates mean for your building and how to prepare. You can read the full summary of the bill directly from the Florida Senate here. We’ve been dedicated to providing clarity on Florida’s building safety laws, including coverage on SB 154 and its initial impact on inspections and reserves. This new law builds on that foundation, and we’re here to guide you through it.
Milestone Inspections: A Quick Refresher
Before we discuss the new changes, let’s briefly recap Milestone Inspections. As detailed in the article on Milestone Inspection legislation, these are structural safety inspections required for aging condominium and cooperative buildings in Florida.
Established by prior legislation like Florida Statute 553.899 (previously known as Senate bill SB 4-D) and refined by SB 154, their primary purpose is to ensure a building’s structural integrity is sound for continued use. These inspections are not about bringing a building up to the very latest building codes for new construction, nor are they focused on cosmetic issues. Instead, they target the core structural components.
The process typically involves two phases:
- Phase One: A visual examination of the building by a licensed architect or engineer to identify any signs of substantial structural deterioration.
- Phase Two: A more intensive inspection, if required, when potential issues are flagged in Phase One. This phase delves deeper into determining the extent of any deterioration and outlines necessary repairs.
Now, let’s look at how CS/CS/HB 913 fine-tunes these existing requirements.
Key Changes to Milestone Inspections Under CS/CS/HB 913 (Effective July 1, 2025)
This new legislation brings several important modifications and clarifications to the Milestone Inspection process. Here’s what your association needs to be aware of:
Getting Specific: The “Habitable Stories” Rule
One of the most practical changes in HB 913 is the clarification of which buildings fall under the Milestone Inspection requirements. Previously, the law referred to buildings that were “three stories or more” in height. The new law now specifies that inspections apply to condominium and cooperative buildings that are three “habitable” stories or more in height.
So, what exactly is a “habitable story”? While the term will ultimately be guided by the Florida Building Code, generally, it includes areas designed for living, sleeping, eating, or cooking. Spaces used purely for storage or utilities might not be counted. It’s also important to note that, according to some interpretations of the Florida Building Code, enclosed spaces like basements or even garages located under living areas could potentially count towards the “habitable story” count.
Actionable Advice: This updated clarification is important. If your building’s status was previously ambiguous, it’s time for a careful review. We strongly recommend consulting the Florida Building Code or speaking with a qualified professional, to determine precisely how this “habitable stories” definition applies to your specific building.
No More Delays: The 365-Day Repair Clock
A significant new requirement introduced by HB 913 is a more definitive timeline for addressing issues found during inspections. The bill mandates that boards of county commissioners must adopt an ordinance requiring associations or other building owners (subject to milestone inspections) to commence necessary repairs within 365 days after receiving a Phase Two Milestone Inspection report that identifies substantial structural deterioration.
Impact: This is a major shift. It puts a firm deadline on starting the identified structural work. Associations can no longer indefinitely defer repairs flagged in a Phase Two report. This makes proactive financial planning and timely engagement with engineers and contractors even more critical.
Keeping an Eye on Compliance: New Reporting Requirements
HB 913 also introduces new reporting duties for local enforcement agencies. By October 1, 2025, these agencies must report specific information regarding Milestone Inspections to the Florida Department of Business and Professional Regulation (DBPR). This data will include the number of buildings inspected and, notably, a list of any buildings that have been deemed unsafe or uninhabitable.
Furthermore, the state’s Office of Program Policy and Government Accountability (OPPAGA) will compile this data and submit a comprehensive report to the Legislature.
What it means for you: While these reporting duties fall on local agencies, the implications for associations are clear. There will be increased state-level oversight and greater transparency regarding building safety and compliance across Florida. The potential for public lists of unsafe buildings underscores the importance of diligently completing inspections and addressing any identified issues.
Transparency in Bidding: New Conflict of Interest Disclosures for Inspectors & Contractors
To promote fairness and transparency, HB 913 establishes new conflict of interest disclosure requirements. Design professionals, such as architects and engineers, and licensed contractors who bid on performing Milestone Inspections and/or Structural Integrity Reserve Studies (SIRS), must now disclose in writing if they also intend to bid on any maintenance, repair, or replacement work that might be recommended as a result of those services.
Additionally, any person who conducts or performs a Milestone Inspection (or SIRS) or provides services recommended in such a study cannot have a direct or indirect financial or ownership interest in the firm that conducted the study, nor be an employee or family member of someone with such an interest, unless it is fully disclosed in writing to the association. Failure to make these required disclosures can make the contract for the inspection or study voidable and could lead to professional disciplinary action.
What it means for you: For associations seeking Milestone Inspection services, this means you should expect and receive greater transparency from potential vendors. This rule helps you identify and assess any potential conflicts of interest, allowing for more informed and unbiased hiring decisions. Ultimately, it aims to ensure that inspection recommendations are made without any ulterior motives.
This conflict of interest rule also has significant implications for how Structural Integrity Reserve Studies are conducted. We explore the full impact on SIRS in Building Mavens article, “Florida’s New SIRS Law (HB 913): The Key 2025 Deadline Extension & Reserve Rule Changes You Need to Know”.
How These HB 913 Changes Affect Your Condominium or Cooperative
The updates within CS/CS/HB 913 bring tangible changes for associations:
- Re-evaluate Applicability: You’ll need to carefully consider the definition of “habitable stories” for your building(s).
- Urgent Financial Planning: The 365-day rule for commencing repairs means that if Phase Two inspections reveal issues, your association must be prepared to act quickly. This underscores the need for robust reserve funding and exploring other financial avenues if major repairs are needed.
- Quicker Action on Reports: Diligence in reviewing and acting upon Milestone Inspection reports is more critical than ever.
- More Informed Hiring: The new conflict of interest disclosures should empower you to select inspectors and contractors with greater confidence in their impartiality.
Ultimately, staying compliant with these evolving laws is not just about avoiding penalties. It’s about ensuring the safety of residents and protecting the value of your property.
Closing Thoughts
The changes introduced by CS/CS/HB 913 represent Florida’s continued commitment to enhancing the safety and structural longevity of its residential buildings. For condominium and cooperative associations, this means a renewed call to be proactive, informed, and diligent.
We hope this overview of its key changes helps our communities understand the new requirements for Milestone Inspections and empowers you to take timely action. The clearer the laws and regulations, the more we can ensure our community remains a safe and secure place to live.