This page is current through the 2026 regular session and states the law as of July 1, 2026. Florida's milestone inspection requirement lives in § 553.899, inside the building construction chapter rather than the Condominium Act, which is why a board searching Chapter 718 for it finds nothing. The section has been amended four times since it was created after Surfside. Nothing happened to it in 2026. Both transitional deadlines are now behind us.
The 2026 session left the section alone
The history line of § 553.899 reads: s. 3, ch. 2022-269; s. 2, ch. 2023-203; s. 4, ch. 2024-244; s. 4, ch. 2025-175. There is no 2026 citation. The section was not amended in the 2026 regular session, and no 2026 bill changed the inspection threshold, the deadlines, the phase structure or the repair clock.
One 2026 act does reach building permits and inspections generally. CS/CS/HB 803, Ch. 2026-63, effective July 1, 2026, added § 720.3035(1)(c), which prohibits an HOA or its architectural committee from requiring that a building permit already have been issued as a prerequisite to the association's review. That is a Chapter 720 rule about architectural applications. It has nothing to do with milestone inspections, and boards should not conflate the two because both were described in trade press as building and inspection legislation.
Which buildings are covered, and the wording problem
Section 553.899(3)(a) reaches a building that is three habitable stories or more in height as determined by the Florida Building Code and that is subject to the condominium or cooperative form of ownership. Subsection (4) excludes a single-family, two-family, three-family or four-family dwelling with three or fewer habitable stories above ground.
The statute is not consistent about the word habitable. The operative requirement in (3)(a) uses it. The Department reporting provision in (13)(a) describes buildings in this state that are three stories or more in height, without it. The Condominium Act adds a third phrasing: § 718.112(2)(g)7. requires a structural integrity reserve study for each building on the condominium property that is three stories or higher in height, again with no reference to habitable stories.
For most Southwest Florida buildings this is academic. For a four-level building with an open parking level at grade, it is not. Whether that parking level is a habitable story under the Florida Building Code can decide whether the building needs a milestone inspection at all, and it can produce the odd result that a building needs a reserve study but not an inspection. This is an engineering and code question with a legal consequence, and it should be answered in writing by the design professional before the board relies on it.
The 30-year trigger and the coastal 25-year option
The first milestone inspection is due by December 31 of the year in which the building reaches 30 years of age, measured from the date the certificate of occupancy was issued, and every 10 years after that. That is the default rule in § 553.899(3)(a).
Section 553.899(3)(b) lets the local enforcement agency shorten it. Where local circumstances, including environmental conditions such as proximity to salt water, warrant it, the agency may determine that the milestone inspection must be performed by December 31 of the year the building reaches 25 years of age. The decision belongs to the local building official, not to the association and not to the state.
That is the provision coastal Lee and Collier County boards need to check locally rather than assume. Two buildings of the same age on opposite sides of a jurisdictional line can be on different schedules. Call the building department, get the determination in writing, and put it in the file with the story-count letter.
If the association cannot complete the inspection on time, § 553.899(3)(c) allows the local enforcement agency to extend the date on a showing of good cause. Good cause is decided by the agency. It is worth asking for early and in writing, not the week the deadline falls.
The transitional deadlines, both now passed
When the requirement was created in 2022 the Legislature had to deal with buildings that were already well past 30 years. It did that with two catch-up dates, both of which have now come and gone.
| Building reached 30 years | Milestone inspection was due | Status |
|---|---|---|
| Before July 1, 2022 | December 31, 2024 | Passed |
| Between July 1, 2022 and December 31, 2024 | December 31, 2025 | Passed |
| On or after January 1, 2025 | December 31 of the year it turns 30 | Running |
| Any covered building already inspected | Every 10 years after the inspection | Running |
An association that missed one of those dates does not get a new one. What it gets is exposure: to local enforcement action under § 553.899(10), to owner claims that the board breached its duty, and in a claim or insurance context to the uncomfortable position of having no current structural assessment. The correct response is to complete the inspection now, document when and why it was engaged, and communicate the status to owners in writing.
Phase one, phase two and the 365-day repair clock
The inspection is structured in two phases, defined at § 553.899(7).
- Phase one is a visual examination of the habitable and non-habitable areas of the building, including the structural components, by a licensed architect or engineer. If the professional finds no signs of substantial structural deterioration, phase one is the end of it.
- Phase two is required when substantial structural deterioration is identified in phase one. It involves testing, which may be destructive or non-destructive, and it produces recommendations for repair.
Timing matters at both ends. Section 553.899(6) requires phase one to be completed within a set period after the association receives written notice from the local enforcement agency. And under § 553.899(11), when a phase two inspection is required, repairs must be commenced within 365 days after receiving the report.
Commenced, not completed. That distinction gives a board room to procure properly, but it is not a license to sit on the report while the association argues about funding. A board that receives a phase two report should be scheduling the funding vote and the contractor selection in the same month, because the money decision and the 365-day clock run in parallel. Our guide to managing a major repair project deals with the procurement side.
What the local agency does, and what the association must do with the report
Section 553.899(5) puts a notice duty on the local enforcement agency: it must provide written notice of the required inspection to the condominium or cooperative association. Do not treat that notice as the start of your obligation. The statutory deadline runs from the building's age, not from the agency's letter, and agencies vary widely in how promptly they send them.
Section 553.899(10) allows the local enforcement agency to prescribe timelines and penalties for compliance, which means the consequence of being late is set locally and differs from county to county. Section 553.899(13) requires data reporting up to the Department, including the number of buildings required to have a milestone inspection, which is why the state now has a list your association is on.
On the association's side, § 553.899(9) requires that within 45 days after receiving the inspection report the association distribute a copy of the inspector-prepared summary to each owner, post a copy in a conspicuous place on the property, and publish the full report and the summary on the association's website if it is required to have one. For a condominium of 25 or more units that website duty connects back to § 718.111(12)(g), where the posting deadline is 30 days from receipt or creation. When the two overlap, calendar the shorter one.
Separately, § 718.112(2)(h) makes the association responsible for arranging the inspection and for ensuring compliance with § 553.899, and for the costs attributable to the portions of the building it maintains under the governing documents. The obligation is the board's, not the owners'.
How the section got here, session by session
2022. SB 4-D, Ch. 2022-269. Created § 553.899 after the Champlain Towers South collapse, with the three habitable stories threshold, the 30-year and 25-year triggers, the two-phase structure and the transitional deadlines.
2023. SB 154, Ch. 2023-203. Reworked the section. This is the act that adjusted the threshold language and the deadline structure, and that tied the milestone regime more tightly to the reserve study provisions in Chapter 718.
2024. HB 1021, Ch. 2024-244. Amended the section as part of the condominium omnibus, alongside the records, education and manager changes.
2025. HB 913, Ch. 2025-175. The most recent amendment. Its main effect on boards was the interaction with reserves: a completed milestone inspection unlocks the two-year study delay in § 718.112(2)(g)9. and the reserve pause in § 718.112(2)(f)2.e. For the funding side, see our page on SIRS and reserve changes.
2026. Nothing. The section was not amended.
Frequently Asked Questions About Milestone Inspection Law Changes
Did milestone inspection law change in 2026?
No. The history line of § 553.899 ends with s. 4, ch. 2025-175, and no 2026 bill amended it. The 2026 building and permitting act, Ch. 2026-63, added § 720.3035(1)(c) about HOA architectural review and building permits, which is a different subject in a different chapter.
Which buildings need a milestone inspection?
A building three habitable stories or more in height as determined by the Florida Building Code that is subject to the condominium or cooperative form of ownership, under § 553.899(3)(a). Single-family, two-family, three-family and four-family dwellings with three or fewer habitable stories above ground are excluded by § 553.899(4). Have the story count determined in writing by a licensed engineer or architect.
When is the first inspection due?
By December 31 of the year the building reaches 30 years of age, measured from the certificate of occupancy, and every 10 years after that. A local enforcement agency may shorten the first deadline to 25 years for a building with coastal exposure under § 553.899(3)(b). Both transitional catch-up deadlines, December 31, 2024 and December 31, 2025, have passed.
What happens if phase two finds deterioration?
Repairs must be commenced within 365 days after the association receives the phase two report, under § 553.899(11). The word is commenced, not completed. The local enforcement agency may also impose its own timelines and penalties under § 553.899(10), so the practical deadline in your county can be shorter than the statutory one.
We missed our deadline. Can we get an extension?
Only prospectively and only from the local enforcement agency. Section 553.899(3)(c) allows the agency to extend the date on a showing of good cause where the inspection cannot be timely completed. Ask early and in writing. An extension is not available retroactively to cure a deadline that has already passed, so an association that is late should complete the inspection and document the effort.
What do we have to do with the report once we get it?
Within 45 days after receiving it, distribute the inspector-prepared summary to each owner, post a copy in a conspicuous place on the property, and publish the full report and summary on the association's website if the association is required to have one, under § 553.899(9). For a condominium of 25 or more units, the report is also an item on the § 718.111(12)(g)2. posting list, with a 30 day deadline.
Contact Hamilton Mikes
Hamilton Mikes advises condominium and cooperative boards in Lee, Collier and Charlotte Counties on milestone inspection timing, engineer engagement letters, phase two repair obligations and the notices that follow a report. Call 239-594-7227 or visit our Construction page.
Statutes and authorities referenced
- § 553.899(3)(a), Fla. Stat. (three habitable stories or more; 30 year trigger; every 10 years thereafter)
- § 553.899(3)(b), Fla. Stat. (local enforcement agency 25 year determination for coastal exposure)
- § 553.899(3)(c), Fla. Stat. (good cause extension by the local enforcement agency)
- § 553.899(4), Fla. Stat. (exclusion for single-, two-, three- and four-family dwellings with three or fewer habitable stories)
- § 553.899(5), Fla. Stat. (local enforcement agency written notice to the association)
- § 553.899(6), Fla. Stat. (time to complete phase one after notice)
- § 553.899(7)(a) and (b), Fla. Stat. (phase one and phase two)
- § 553.899(8), Fla. Stat. (inspection report contents and submission)
- § 553.899(9), Fla. Stat. (45 day distribution, posting on the property, and website publication)
- § 553.899(10), Fla. Stat. (local enforcement agency timelines and penalties)
- § 553.899(11), Fla. Stat. (repairs commenced within 365 days after receipt of the report)
- § 553.899(13), Fla. Stat. (data reporting to the Department)
- § 718.112(2)(h), Fla. Stat. (association responsibility for arranging the inspection and for costs)
- § 718.112(2)(g)7. and 9., Fla. Stat. (SIRS deadlines; delay following a milestone inspection)
- § 718.111(12)(g)2., Fla. Stat. (website posting list; 30 day deadline)
- § 720.3035(1)(c), Fla. Stat. (HOA architectural review; building permit not a prerequisite; Ch. 2026-63)
- Session laws: s. 3, ch. 2022-269 (SB 4-D); s. 2, ch. 2023-203 (SB 154); s. 4, ch. 2024-244 (HB 1021); s. 4, ch. 2025-175 (CS/CS/HB 913)