On June 24, 2021, Champlain Towers South collapsed in Surfside, Florida, killing 98 people. The investigation revealed structural deterioration that had been documented but never adequately addressed. In response, the Florida Legislature passed Senate Bill 4-D, creating mandatory structural inspections for condo and cooperative buildings across the state.
The law, codified in Florida Statute 553.899, requires "milestone inspections" -- professional structural evaluations performed by licensed engineers or architects. For many buildings, the deadline is December 31, 2026. Missing it can mean $500/day fines, code compliance referrals, and even evacuation orders.
This guide covers everything your board needs to know: who's affected, when your inspection is due, what it costs, how Phase 1 and Phase 2 work, and how the milestone inspection connects to the SIRS reserve study requirement.
Who needs a milestone inspection
Under FL 553.899, milestone inspections are required for:
- Residential condominium buildings that are 3 or more habitable stories in height
- Cooperative buildings that are 3 or more habitable stories in height
- Mixed-ownership buildings that include condominium or cooperative units
The law does not apply to single-family homes, duplexes, triplexes, or buildings with fewer than three habitable stories above ground.
The statute specifies "habitable stories above ground." A parking garage level is generally not considered a habitable story. If your building has a ground-floor parking podium with three residential floors above, it may qualify. Your local building department makes the final determination.
When is it due
The deadline depends on two factors: your building's age (based on the certificate of occupancy date) and its distance from the coastline.
| Location | First inspection due | Subsequent inspections |
|---|---|---|
| Within 3 miles of coastline | By Dec 31 of the year the building turns 25 years old | Every 10 years |
| More than 3 miles from coastline | By Dec 31 of the year the building turns 30 years old | Every 10 years |
| CO issued on or before July 1, 1992 | Was due by Dec 31, 2024 | Every 10 years |
Contact your local building department. The CO date determines your deadline. If the CO date is unavailable, the building department will use the earliest occupancy date from their records. Some counties have online permit databases where you can search by address. The City of Tampa and other municipalities maintain searchable inspection registries.
Phase 1 vs Phase 2: what's the difference
The milestone inspection has two potential phases. Phase 2 is not automatic -- it's only triggered if Phase 1 finds problems.
Phase 1: Visual examination
- Licensed engineer or architect visually inspects all structural components
- Evaluates load-bearing walls, columns, beams, floors, foundations, and primary structural systems
- No destructive testing -- visual only
- If no substantial structural deterioration is found, the process is complete
- Report filed with building department + distributed to owners
Phase 2: Testing and investigation
- Only triggered if Phase 1 identifies substantial structural deterioration
- May involve concrete coring, exploratory openings, and material testing
- Confirms the extent of deterioration and whether it poses a safety threat
- Test locations chosen for minimal disruption (per statute)
- Repairs must begin within 365 days of receiving the Phase 2 report
"Substantial structural deterioration" is defined as deterioration that compromises a building component's structural capacity to the extent that it poses a threat to health, safety, or welfare. Minor cosmetic cracking or surface wear typically does not trigger Phase 2. This is a professional engineering judgment.
What it costs
The cost varies significantly based on building size, age, complexity, and location. South Florida counties (Miami-Dade, Broward) tend to run higher due to salt air exposure and demand for engineers.
| Building size | Phase 1 cost | Phase 2 cost (if triggered) |
|---|---|---|
| Small (10-30 units) | $8,000 - $25,000 | $40,000 - $100,000 |
| Mid-size (30-100 units) | $20,000 - $60,000 | $60,000 - $150,000 |
| Large high-rise (100+ units) | $50,000 - $150,000+ | $100,000 - $250,000+ |
The association is responsible for the cost. For many buildings, this will require a special assessment or reserve draw. Factor this into your reserve planning now rather than scrambling at the deadline.
The inspection must be performed by a Florida-licensed professional engineer or architect. Get at least three proposals. Ask specifically about their experience with Florida milestone inspections under 553.899 -- this is specialized work, and not every structural engineer has done them. Verify their license at myfloridalicense.com.
The board's step-by-step process
Here's the timeline your board must follow once notified that a milestone inspection is due:
1. Receive notice from the building department
Your local enforcement agency sends written notice by certified mail that a milestone inspection is required. This notice goes to the association and any non-association building owners.
2. Notify all unit owners within 14 days
Within 14 days of the county's notice, the board must alert all owners of the inspection requirement and the deadline. This is a statutory obligation under 553.899 -- don't skip it. Owners have the right to access all official records related to the inspection, so transparent communication from the start prevents disputes later.
3. Hire a licensed engineer or architect
Engage a Florida-licensed professional to perform the Phase 1 inspection. Budget 2-4 months for scheduling, especially if you're in South Florida where demand is high.
4. Complete Phase 1 within 180 days
The association must complete Phase 1 within 180 days of receiving the building department's notice. Plan ahead -- many engineers are backlogged, and waiting until the last minute risks missing the statutory window.
5. File the report and distribute within 45 days
Within 45 days after the engineer delivers the completed report, the board must:
- File the full report with the local building department
- Distribute the inspector-prepared summary to all owners by mail or personal delivery (and email for those who consented to electronic notice) -- this is part of the board's official records obligations
- Post the summary in a conspicuous location on the property
- Publish the full report and summary on the association's website (if required to have one)
6. If Phase 2 is required: begin repairs within 365 days
If Phase 1 triggers Phase 2 and structural deficiencies are confirmed, repairs must commence within 365 days of receiving the Phase 2 report -- unless the local building department requires an earlier start.
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Milestone inspection + SIRS: how they connect
The milestone inspection and the Structural Integrity Reserve Study (SIRS) are separate legal requirements, but they overlap significantly and can be coordinated to save time and money.
| Milestone inspection | SIRS | |
|---|---|---|
| Governed by | FL 553.899 | FL 718.112(2)(g) |
| Purpose | Structural safety evaluation | Reserve funding plan for structural components |
| Applies to | Condos and co-ops, 3+ stories | All condos (regardless of height) |
| Frequency | Every 10 years after initial | Every 10 years |
| Can be done simultaneously? | Yes -- if both are due by Dec 31, 2026, they can be completed together | |
| Cost savings | A milestone inspection completed within 5 years can replace the visual inspection portion of the SIRS | |
If your building needs both by December 31, 2026, coordinate them with a single engineering firm. You'll reduce access disruptions, save on mobilization costs, and ensure both reports use consistent findings.
What happens if you miss it
The consequences of non-compliance are serious and escalating. Missing the deadline doesn't just mean a fine -- it can mean your residents are forced to leave the building.
- Daily fines of $500+ from the local code enforcement division
- Code compliance referral leading to special magistrate hearings and liens
- Referral to Construction Board of Adjustment and Appeals for an unsafe building determination -- which can result in a vacate order forcing residents out
- Reporting to DBPR Division of Condominiums for non-compliance
- Personal liability for board members for breaching their fiduciary duty by failing to comply with a legally mandated inspection
Board members should understand that the business judgment rule will not protect them here. Failing to schedule a legally required inspection is not a judgment call -- it's a statutory violation. If your building is approaching the deadline and the board hasn't acted, individual directors face personal exposure.
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