In the wake of the tragic Surfside building collapse in 2021, the Florida legislature passed an unfunded mandate onto counties requiring the receipt of condo inspection reports to ensure the safety and structural integrity of residential buildings that, at least in Duval County, are not being enforced. Florida Statute 553.899 mandates milestone inspections for condominium and cooperative buildings three stories or more in height. Key provisions of this statute include defining "milestone inspection" and "substantial structural deterioration," establishing age thresholds (25 years for buildings near saltwater, 30 years for others), setting initial inspection deadlines, specifying inspector qualifications and report content, and detailing the phase one and two inspection processes. While the intention behind these regulations is noble, the reality of compliance and enforcement on the county level is lacking. There appears to be little communication between the state of Florida and county officials about which condos fall into the criteria of requiring the reports to be submitted by Dec. 31, 2024. Some counties, like Palm Beach County, appeared to have been proactive in determining how many condominiums were needed to make their reports, while Duval and doubtlessly others took a wait-and-see approach.

As the December 2024 deadline approached, it was widely reported that an alarming number of condominium associations in Palm Beach County had not sent in their reports. County officials were actively monitoring the situation and had identified at least 124 non-compliant buildings as the new year rolled in. Many associations cite a lack of funds, the unavailability of qualified inspection professionals, or simply a misunderstanding of the new requirements as reasons for their failure to comply. Despite the situation's urgency, compliance rates have not improved significantly, putting the integrity of the state mandate and potential residents’ safety at risk.

The response from Palm Beach County officials has been swift. Compliance notices were issued, warning associations of potential penalties. However, while some associations sought extensions, others scrambled to adhere to the law. As of February 2024, non-compliant buildings decreased to 95 following initial warnings, demonstrating that while the county's actions are essential, they aren't enough to achieve full compliance.

In contrast, the situation in Duval County presents its own set of complications. After numerous public records requests in January, we were informed in early February by the City of Jacksonville (COJ) that 29 milestone reports had been submitted by condominium associations, but nothing about the total number of condos that were required to submit the reports.

Then, on Feb. 21, after further inquiries, we were informed by COJ that, "We, COJ, have determined through data provided by DBPR and a local registration campaign, approximately 161 condominium associations.  It has not been determined which are required to conduct Milestone inspections by the initial deadline.  We have received 29 Phase I Milestone inspection and of the 29, only one was recommended by the EOR to obtain a Phase II Milestone inspection, which was done.”

Although it appears we are progressing with more research and available information, the City of Jacksonville continues to be deficient in knowing the number of associations required to file reports. This, coupled with the lack of apparent next-step protocols or legislative actions, exposes a troubling gap in compliance and enforcement.

Both Palm Beach and Duval counties symbolize the complexities that arise when regulatory mandates are introduced without a robust support and enforcement framework. While fines and penalties may serve as deterrents, external pressures—such as insurance companies and banks refusing to work with non-compliant buildings—could be more compelling. These financial implications may ultimately drive associations to adhere to mandated inspections. Greater coordination between state and municipal authorities appears to be in order; otherwise, the state's unfunded mandate might create friction that discourages cooperation and results in non-compliance.

State and local authorities must also balance the need for compliance with the concerns of stakeholders already feeling the weight of additional financial obligations, including structural integrity reserves and insurance premiums. The risk is that if the government doesn’t act decisively to hold associations accountable, the underlying unenforced state mandate provides a false sense of security further jeopardizing the safety of residents.

The responsibility to ensure the safety of Florida's aging condominiums lies not only with the associations but also with the government officials tasked with oversight. It's not enough for the state to pass unfunded burdensome regulations onto the condominium associations to be enforced by counties that aren't equipped to enforce them but to work with local governments to implement clear strategies that facilitate compliance and safeguard resident welfare.