What is Florida SB 4-D, and does it apply to my Miami condo?
Answered by AskBaily Editorial · Updated
Short answer
Florida SB 4-D (2022) is the post-Surfside condo-safety law. It mandates Milestone Inspections on condos 3+ stories at 25 years (coastal — within 3 miles of saltwater) or 30 years (inland), and requires fully-funded reserves (no waiver). Buildings that fail a Phase 2 structural inspection cannot be renovated unit-by-unit until the association completes remediation. Closing-delay risk on unresolved milestone reports is material.
In detail
Florida Senate Bill 4-D, signed in May 2022 after the Champlain Towers South collapse, is the post-Surfside structural-safety statute now codified at Florida Statutes Section 553.899 and Section 718.112(2)(g). It governs whether your Miami condo can be permitted, refinanced, or sold during a renovation cycle.
SB 4-D applies to any condominium or cooperative building three habitable stories or taller. The trigger ages are written into the law and tightened further by Miami-Dade County Section 8-11(f) of the Code of Ordinances:
- Buildings within three miles of the coastline (mean high-water line): first Milestone Inspection at 25 years, then every 10 years.
- Buildings inland: first Milestone Inspection at 30 years, then every 10 years.
- Miami-Dade and Broward 40-Year Recertification still runs in parallel and was not repealed by SB 4-D.
The inspection is a Phase 1 visual assessment by a Florida-licensed engineer or architect. If "substantial structural deterioration" is identified, a Phase 2 destructive or invasive inspection is mandatory and must reach the local building official before any unit-level alteration permit is issued. Sections 718.112(2)(g)(2) and 718.112(2)(f)(2)(a) also eliminate the long-standing reserve waiver — Structural Integrity Reserve Studies (SIRS) every 10 years are now required and reserves for roof, structure, waterproofing, fireproofing, plumbing, and any item over $10,000 cannot be waived starting the December 31, 2024 deadline.
For a homeowner, the practical rules are:
- Closing-attorney estoppel letters now include the Milestone status, SIRS status, and any Phase 2 findings.
- A building under an open Phase 2 finding will routinely have unit-level permits held by Miami or Miami-Dade RER until association remediation is filed.
- Renovation special assessments at SB 4-D buildings are running $30,000-$200,000+ per unit in 2026 and are a disclosable lien at closing under Section 718.116.
Before committing to a Brickell, Edgewater, Bal Harbour, or Sunny Isles condo remodel, request the Milestone Inspection report, the SIRS, and any open Phase 2 scope from the association. A buildings-department permit search at Miami-Dade RER is the second confirmation step.
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