Florida HB 913 and the 3-story milestone inspection rule

Last updated 2026-07-25

What is Florida HB 913 and what does it actually change?

HB 913 is a 2024 Florida law that amended the state's milestone inspection statute, Fla. Stat. § 553.899, to close a gap left by the original 2022 post-Surfside legislation. The original law (created by SB 4-D) required milestone inspections for buildings 3 stories or more, but a lot of confusion followed about which buildings counted and how local building officials should apply the rule county by county. HB 913 didn't change the 3-story threshold itself. That threshold was already in the law. What HB 913 did was tighten definitions, clarify timelines, and give the Florida Building Commission and DBPR more direct authority to issue guidance so buildings couldn't slip through cracks in interpretation ^[1]. If your building has 3 or more habitable stories above ground and isn't a single-family, two-family, or three-family dwelling, you're in scope. Full stop, no coastal exception. A lot of board members still ask us (well, ask around) whether their inland building is exempt because it's not near the water. It isn't exempt. The "coastal" framing that floated around after Surfside was always a misunderstanding of the original bill. Height and story count drive the requirement, not distance from the beach ^[2].

Does the 3-story rule apply to my building even if it's not on the coast?

Yes. The statute applies statewide to any condominium or cooperative building with 3 or more stories, regardless of whether it sits on the beach, a lake, or a landlocked lot in Central Florida. The law text says milestone inspections apply to a building that is "three stories or more in height" as determined by the local enforcement agency ^[1]. The confusion is understandable. Surfside's Champlain Towers South was an oceanfront building, and most of the early news coverage focused on coastal risk. But the statute itself never limited the requirement to coastal counties. Inland cities like Orlando, Tampa (away from the bay-adjacent zones), and Ocala all have buildings subject to milestone inspections if they hit the story count. What does vary by location is the deadline math, because that depends on your building's certificate of occupancy (CO) date and, for older buildings, on county population. More on that below.

How do I know if my building qualifies as 3 habitable stories?

Story count is determined by the local building official, using the Florida Building Code's definition of a story, not by how the association describes the building in its docs or marketing. Mezzanines, penthouses, and habitable basements can all count toward the total depending on how they're built out ^[3]. A few practical wrinkles boards run into: - Parking garages under the residential floors usually don't count as a habitable story, but this gets fact-specific fast.

• Townhome-style buildings with 3 stories but no shared structural elements sometimes get treated differently county to county.
• Mixed-use buildings (retail ground floor plus residential above) almost always count all floors toward the total. If there's any ambiguity, don't guess. Call your county or city building department and ask them directly whether your structure meets the 3-story threshold under § 553.899. Get the answer in writing if you can. This is a determination for licensed building officials and your association's counsel, not something a board should resolve on its own reading of the statute.

When is the milestone inspection deadline for my building?

Building reaches 30 years old (or 25 years old in a coastal county for buildings within 3 miles of the coastline)	Phase 1 milestone inspection due by Dec. 31 of that year
Building already older than 30 (or 25 coastal) years as of July 1, 2022	Inspection required by Dec. 31, 2024
Every building after the initial inspection	Recertification every 10 years	The "25 years, coastal" trigger applies specifically to buildings located within 3 miles of the coastline in what the statute defines relative to salt water exposure. If you're unsure whether your building falls in that coastal band, your local building official can confirm it. HB 913 also gave local building officials somewhat more flexibility to extend deadlines in specific circumstances, and clarified how associations already mid-process under the older rules should transition. If your board already scheduled an inspection under the pre-HB 913 rules, that work generally still counts. Confirm with your association's counsel and county, because local building departments have been issuing their own supplemental guidance as they catch up to the statute's changes.

The deadline depends on your building's age and, for the initial round of inspections, your county's population. Fla. Stat. § 553.899 sets these baseline triggers ^[1]: | Building age as of the law's requirements | Deadline |

What happens after the Phase 1 milestone inspection?

If the licensed architect or engineer who performs the inspection finds "substantial structural deterioration," the statute requires a Phase 2 inspection, which is a more detailed assessment that can include specific engineering tests, further access into walls and load-bearing systems, and a written report with repair recommendations ^[1]. The Phase 2 report gets filed with the local building official and the report must include a recommended timeline for repairs. Associations then have obligations to act on those findings, often on a schedule the building official sets, not one the board picks for convenience. This is where the connection to reserves and special assessments gets real for a lot of boards. A serious Phase 2 finding can turn into a six or seven figure repair bill with a short runway to fund it. That's a big part of why milestone inspection timing and reserve funding decisions can't be planned separately anymore in Florida.

How does the milestone inspection interact with SIRS and reserve requirements?

Milestone inspections and Structural Integrity Reserve Studies (SIRS) are separate legal requirements under Chapter 718, but they use overlapping engineering work and they land on boards around the same timeline. A SIRS looks at specific building components (roof, load-bearing walls, primary structural systems, fireproofing, plumbing, electrical, waterproofing, and any other component the board's engineer flags with a deferred maintenance expense over $10,000) and sets a funding schedule for each ^[4]. As of the law in effect for 2024 and 2025, condo associations with buildings 3 stories or higher must complete a SIRS and can no longer fully waive reserve funding for the components a SIRS identifies. Some legislative relief has been discussed and partially enacted around phase-in timing (see florida condo reserve fund relief), so boards should check the current status of any funding delay provisions with counsel before assuming a strict deadline. If your engineer's milestone inspection turns up structural issues, that finding usually needs to get folded directly into your SIRS numbers and your reserve schedule. Trying to keep those two processes on separate tracks, run by different committees with different calendars, is one of the most common and costly mistakes boards make.

What is a reserve study, and what is it for an HOA or condo association?

A reserve study is a professional assessment of a property's major shared components (roof, paving, pool, elevators, structural systems, and so on), their remaining useful life, and the replacement cost for each, used to build a funding plan so the association isn't caught short when something big fails. For Florida condos, the SIRS is a specific statutory version of this study required for buildings 3 stories or more ^[4]. A basic reserve study for an HOA usually covers three things: an inventory of components, an estimate of remaining life and replacement cost for each, and a recommended funding schedule (either straight-line or component-based) so members pay predictable amounts over time instead of getting hit with a surprise bill. See reserve study and hoa reserve study for the mechanics. How much does a reserve study cost? For a typical Florida condo building, expect somewhere in the range of $3,000 to $15,000 depending on building size, number of components, and whether it's a basic visual study or a full SIRS with in-depth engineering review. Larger buildings with more mechanical systems and structural complexity land at the higher end. Get at least two quotes from licensed engineers or reserve specialists, since pricing varies a lot by firm and region.

How much should an HOA or condo have in reserves?

There's no single dollar figure that applies to every association, because it depends entirely on the age, size, and component inventory of the specific property. What matters is whether your reserve funding schedule, calculated from your most recent reserve study or SIRS, is actually being funded at or near the recommended level rather than at whatever number keeps monthly dues low. Under the current SIRS rules, Florida condo boards can no longer fully waive or underfund reserves for SIRS-designated components the way they once could under older statutory reserve waiver provisions. The safest practical answer for board members isn't a percentage, it's this: fund at whatever your licensed reserve professional's study says is needed for full funding on your components, and treat any underfunding as a known future special assessment risk you're choosing to carry, not one you're avoiding. Boards that consistently fund at 100% of the study's recommendation rarely get blindsided by a special assessment for a roof or structural repair. Boards that fund at 30-50% almost always end up doing a large one-time assessment eventually, just later and bigger.

What is an HOA assessment, and are special assessments tax deductible?

An HOA or condo assessment is a fee the association charges owners, either as a regular recurring charge (dues) or as a one-time special assessment, to cover operating costs and capital repairs. Special assessments specifically cover costs the regular budget and reserves don't, most commonly major repairs like a roof replacement, structural fix, or a milestone-inspection-driven repair project. See hoa special assessment for how these get levied and communicated to owners. Are HOA special assessments tax deductible? Generally, no, not for a homeowner living in the unit as a primary residence. The IRS treats these payments similarly to homeowner association dues, which are considered a personal, nondeductible living expense in most cases (see IRS Publication 530 on deductible home expenses) ^[5]. There are narrow exceptions: if you rent the property out, the portion of the assessment tied to your rental use may be deductible as a rental expense, and specific casualty-loss situations can sometimes create a different deduction path. This isn't tax advice for your specific situation, talk to a CPA who knows Florida condo assessments before you assume anything is deductible. Owners often ask whether a milestone-inspection-driven special assessment is treated any differently than a routine one for tax purposes. It generally isn't, the IRS doesn't care what triggered the assessment, only what the money was used for and whether the property is a rental or primary residence.

What should a board do first after HB 913?

Start by confirming your exact story count and coastal status with your local building official, in writing. Don't rely on the property manager's memory or an old inspection report from a different era of the statute. Next, pull your building's certificate of occupancy date and figure out precisely where you land on the deadline table above. If you're already past due or close to it, get a licensed engineer under contract now, not after you've shopped six firms for the cheapest bid. Firms doing milestone inspections across Florida are busy, and boards that wait find themselves scheduling into next year. Then line up your SIRS and milestone inspection timelines so the same engineering findings feed both processes instead of duplicating cost. If your board hasn't organized a document trail for the county, condo owners, and lender/insurer requests that come with all this, a structured system helps a lot. Our $199 Board Compliance Kit is built around exactly this: organizing your building's specific inspection dates, SIRS status, and reserve numbers into one place your board and management company can actually use, and keeping the paper trail straight when an owner or lender asks for proof. It doesn't replace your engineer or your attorney, it just keeps the compliance calendar from falling through the cracks.

What records should the board keep after a milestone inspection?

Keep the full engineering report (Phase 1 and Phase 2 if applicable), proof of submission to the local building official, board meeting minutes discussing the findings, and any funding decisions tied to the SIRS or reserve schedule. Florida law also requires associations to distribute a summary of the inspection results to unit owners within a set window after receiving the report, so keep a copy of that notice and the date it went out ^[1]. Lenders and title companies increasingly ask for this documentation during resale and refinance transactions in Florida condos, especially post-Surfside. A building that can't produce a clean paper trail on milestone inspection status can genuinely slow down or kill unit sales in the building, which is its own financial risk to owners beyond the assessment itself. For buildings dealing with insurance renewal at the same time (a common overlap), see condo special assessment insurance for how carriers are treating milestone and SIRS status in underwriting decisions.

Frequently asked questions

What is a reserve study?

A reserve study is a professional evaluation of a property's major shared components (roofs, elevators, paving, structural systems) that estimates each item's remaining useful life and replacement cost, then recommends a funding schedule so the association can pay for eventual replacements without a surprise special assessment.

What is a reserve study for an HOA?

For an HOA, a reserve study inventories shared assets like roads, clubhouses, pools, and irrigation systems, then builds a savings plan tied to each component's expected lifespan. Florida condo buildings 3 stories or higher have a statutory version, the SIRS, that's mandatory rather than optional ^[4].

What is an HOA assessment?

An HOA assessment is a fee charged to homeowners to fund association operations and repairs. It can be a regular recurring assessment (monthly or annual dues) or a special assessment, a one-time charge for a specific unbudgeted expense like a roof replacement or milestone-inspection repair.

How much should an HOA have in reserves?

There's no universal dollar target; it depends on your property's specific components and their replacement costs, as determined by your reserve study or SIRS. The practical benchmark is funding at or close to 100% of your licensed professional's recommended schedule, not an arbitrary percentage of the annual budget.

How much does a reserve study cost?

Typical costs range from about $3,000 to $15,000 for a Florida condo building, depending on size, number of components, and whether it's a basic visual reserve study or a full Structural Integrity Reserve Study (SIRS) with detailed engineering work. Get quotes from at least two licensed firms.

Are HOA special assessments tax deductible?

Generally no for a primary residence; the IRS treats them like regular association dues, a nondeductible personal expense (see IRS Publication 530) ^[5]. Rental property owners may be able to deduct the portion tied to rental use. Talk to a CPA about your specific situation before assuming a deduction applies.

Does HB 913 apply to buildings that aren't near the coast?

Yes. The 3-story threshold in Fla. Stat. § 553.899 applies statewide, more than to coastal buildings. The 25-year-versus-30-year deadline distinction depends on coastal proximity, but the requirement to have a milestone inspection at all applies to any qualifying building regardless of location ^[1][2].

What counts as a habitable story under the milestone inspection law?

Story count is determined by your local building official using Florida Building Code definitions, which can include mezzanines, habitable basements, and penthouse levels depending on construction. Parking garages usually don't count, but this is fact-specific. Confirm directly with your county or city building department ^[3].

What happens if a milestone inspection finds structural problems?

A finding of substantial structural deterioration in Phase 1 triggers a required Phase 2 inspection, a more detailed engineering assessment with a written repair report filed with the local building official. The association then has obligations to act on the recommended repair timeline, which can drive a special assessment.

How does the milestone inspection deadline get calculated for my building?

It's based on your certificate of occupancy date and whether you're in the 25-year coastal band or the standard 30-year timeline, per Fla. Stat. § 553.899 ^[1]. Buildings already past 30 (or 25 coastal) years as of July 1, 2022 had a Dec. 31, 2024 deadline for the initial inspection.

Do townhomes or 3-story HOA buildings without shared structure need a milestone inspection?

It depends on how the local building official classifies the structure. Buildings without shared structural elements between units sometimes get treated differently county to county. This determination should come from your local building department and association counsel, not a self-read of the statute.

What's the difference between a milestone inspection and a SIRS?

A milestone inspection is a structural safety check required at set intervals (25 or 30 years, then every 10 years) that can trigger further engineering review. A SIRS is a separate, ongoing reserve funding study covering specific building components that Florida condo associations must complete and fund under Chapter 718 ^[4].

Sources

1. Florida Legislature, Florida Statutes § 553.899, Milestone inspection: Milestone inspection requirements, story-count threshold, coastal 25/30-year triggers, and Phase 2 inspection requirements
2. Florida Legislature, CS/HB 913 (2024) bill text and staff analysis: HB 913's amendments to milestone inspection definitions and building official authority
3. Florida Building Commission / DBPR, Florida Building Code adoption and definitions: Story count and building height determinations are made under Florida Building Code definitions by local officials
4. Florida Legislature, Florida Statutes § 718.112, Structural Integrity Reserve Study requirements: SIRS requirements, mandatory component list, and reserve funding rules for condo associations 3 stories or more
5. Internal Revenue Service, Publication 530, Tax Information for Homeowners: HOA and condo assessments are generally a nondeductible personal expense for a primary residence, with limited rental-use exceptions
6. Florida DBPR, Division of Florida Condominiums, Timeshares, and Mobile Homes: State division overseeing condo association compliance filings referenced for context on state oversight