ANALYSIS HB 913 (ER) -- CONDO 3.0
CHAPTER II
The bill provides greater enforcement measures on mandatory
structural integrity inspections.
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Section 4.
Present
subsections (12) and
(13)
of
section
553.899,
Florida
Statutes, are
redesignated as subsections
(14) and
(15),
respectively, new
subsections
(12) and
(13) are
added to
that
section, and
paragraph
(a)
of
subsection (3)
and
subsection (11)
of
that section
are
amended, to
read:
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The bill amends subsection (3)(a) of s. 553.899,
F.S. to include the term “habitable”. As a result,
the verbiage now reads: “Milestone
inspections required for buildings 3+ habitable
stories every 10 years after 30 years of age …[as
determined
by the
Florida
Building Code] and
that is
subject, in
whole
or
in
part, to
the
condominium
or
cooperative form of ownership as
a
residential
condominium.
-
Under
subsection (11) the term “may” is deleted and substituted
with the term “shall”. (This
verbiage change is important because the term “may” is
optional, and the term “shall” is mandatory)
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A
board
of county
commissioners or
municipal is required
for a
condominium or
cooperative
association and
any
other owner
that
is subject
to this section to schedule
or commence
repairs
for substantial structural deterioration
within
a specified timeframe
after the
local
enforcement agency
receives a
phase two inspection report,
such
repairs must
be
commenced within
365 days
after
receiving
such
report.
The bill
adds
subsection (12) to section
553.899, Florida
Statutes. The subsection requires engineers
or architects bidding for follow-up work to disclose conflicts
of interest. This subsection
requires:
-
A
“licensed
architect or
engineer who
bids
to
perform
a
milestone inspection to
disclose
in
writing
to
the association
his
or
her intent
to
bid on
any
services
related
to
any
maintenance,
repair,
or
replacement
which
may
be
recommended
by
the milestone
inspection.”
-
Any
design
professional who
submits a
bid
to the
association “for
performing any
services
recommended
by
the milestone
inspection may not have
an
interest,
directly or
indirectly, in
the firm
or
entity providing
the milestone
inspection
or be
a
relative
of
any person
having
a direct or
indirect interest
in
such
firm,
unless
such
relationship is
disclosed
to the
association
in
writing.
-
Defines the term "relative" as a “
relative
within
the third
degree of
consanguinity by blood
or
marriage".
-
A
contract
for
services
is
voidable and
terminates upon
the
association
filing
a written
notice
terminating the
contract
if
the
design professional
or
licensed
contractor
fails to
provide
the written
disclosure of the
relationship required
under
this
subsection.
-
A design
professional
or
licensed
contractor
may
be subject
to
discipline
under the
applicable professional
practice
for failure to
provide
the
written disclosure of
the relationship.
The bill addssubsection (13) to section
553.899, Florida
Statutes. This subsection requires that local
enforcement
agencies
responsible for milestone
inspections
shall electronically
provide the department with:
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The number
of
buildings
required to
have
a
milestone
inspection
within
the
agency's
jurisdiction, the
number
of buildings
for
which a
phase one
milestone
inspection
has
been
completed, and the
number
of buildings
granted an
extension.
-
The
number
of
buildings
required to
have
a phase
two
milestone
inspection, the
number
of buildings
for
which a phase
two
milestone
inspection has
been
completed, as well as the
number,
type, and
value of
permit
applications
received
to
complete repairs
required by
a phase
two
milestone inspection.
-
A
list
of buildings
deemed
to
be
unsafe
or
uninhabitable
as determined
by a
milestone
inspection.
-
The license
number
of
the
building code
administrator
responsible
for
milestone
inspections for the
local
enforcement
agency; and that the
department shall provide
to
the
Office
of
Program Policy
Analysis and Government
Accountability
(OPPAGA)
all
information
obtained
from
the local
enforcement
agencies by
the
date specified and
in
a
manner
prescribed
by OPPAGA.
In addition,
OPPAGA
may
request from
a
local
enforcement
agency any
additional
information
necessary to
compile
the
information
and provide
a
report to
the President
of
the
Senate
and
the Speaker of
the
House
of
Representatives.
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