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Housing, Agriculture & Tourism Subcommittee — Meeting Packet (February 18, 2025)

Summary

A meeting packet for the Housing, Agriculture & Tourism Subcommittee of the Commerce Committee of the Florida House of Representatives, for a meeting on Tuesday, February 18, 2025, 3:30 PM-5:30 PM at Morris Hall (17 HOB). The agenda lists a call to order, roll call, opening remarks, a panel discussion on condominiums, closing remarks and adjournment; listed panelists include Pete M. Dunbar of Jones Walker LLP and Melanie Griffin of the Florida Department of Business & Professional Regulation. The packet includes Ron Leiseca's Condominium Inspections Brief Overview, which describes initial safety inspections and more in-depth inspections when defects are detected, followed by possible improvements, topics not addressed and cautions.

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“Housing, Agriculture & Tourism Subcommittee — Meeting Packet (February 18, 2025).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-02-18-3287-housing-agriculture-tourism-subcommittee-meeting-packe-8b414e2bec/, SHA-256 3cfcd5aea926ea22afea4b9813fdb0bfc670f52171a0cb22e18049298cf906c5.

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         Housing, Agriculture & Tourism
                Subcommittee
               Tuesday, February 18, 2025
                   3:30 PM- 5:30 PM
                  Morris Hall (17 HOB)




                    Meeting Packet




Daniel Perez                                Michelle Salzman
Speaker                                                 Chair
                    The Florida House of Representatives
                                          Commerce Committee
                          Housing, Agriculture & Tourism Subcommittee
Daniel Perez                                                                                        Michelle Salzman
Speaker                                                                                                        Chair


                                             Meeting Agenda
                                        Tuesday, February 18, 2025
                                            3:30 pm – 5:30 pm
                                          Morris Hall (17 HOB)


  I.   Call to Order

 II.   Roll Call

III.   Opening Remarks

IV.    Panel Discussion on Condominiums:

       •   Pete M. Dunbar, Special Counsel, Jones Walker LLP

       •   Ron Leiseca, Chair, Legislative Committee, Building Officials Association of Florida

       •   Melanie Griffin, Secretary, Florida Department of Business & Professional
           Regulation

       •   Tarcisio Noguera, Civil Engineer and Senior Project Manager, Walter P. Moore
           Engineering

       •   Emilio Rodriguez, President, Florida Lemark Corporation


 V.    Closing Remarks

VI.    Adjournment




                   214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
                                                   (850) 717-4870
Ron Leiseca
Condominium Inspections
                         Brief Overview
Florida House of Representatives – Housing, Agriculture & Tourism
                         Subcommittee
                               Overview
• Phase 1 – initial safety inspections conducted by Florida Licensed Architect
  or Engineer who may have additional team members under their
  supervision
• Phase 2 – if defects or issues detected during Phase 1 process, a more in-
  depth inspection to identify type, scope, and determine remediation steps
  required
• Reports are submitted to the HOA, AHJ (Authority Having Jurisdiction –
  local Building Department) for record. In the case of the HOA, they are
  required to notify and make available to all owners
• Timing is determined by CO (Certificate of Occupancy) issue date. Initial is
  30-years from date of CO (some locales have option to adopt 25-years),
  then every 10-years (CO date controls timing)
               Phase 1 and 2 Notifications
• Database challenges for some jurisdictions
• DBPR challenges
   • Current Division of Condominiums – did not include relevant data
   • Voluntary database update requirement
• Property Assessor database not inclusive of relevant information
   • Was not set up to reflect needed information
                            Flexibility
• Date of CO controls initial and next inspection due date in cycle
• In some cases, due to gathering of information delay, initial due date
  extended
• If Condo/Coop hampered due to availability of qualified architect or
  engineer for Phase 1 inspections, evidence of schedule or requests for
  professional services allowed extension
• On Phase 2, if delays due to securing qualified contractors, AHJ would
  work with them for extension, within reason
                          Where is the Data?
• Not a stated requirement nor is there a central repository at State level
• Unfunded mandate
• Locally, no organized breakdown
   • To get the data, report by report analysis required including that for Phase 2 to
     categorize by repair types required
• Older programs in Miami-Dade and Broward do not segregate information,
  only compliance or follow-up due dates if compliance is not reported
• Remember – Only Miami-Dade and Broward had such a program in place,
  so the other 65 counties and over 300+ cities, towns, and villages had to
  gear up for this
                                                 Trend
• Established programs in Miami-Dade and Broward only mention some confusion tied to SIRS
  requirements
• Other areas have typical questions about who does observations, what is role of AHJ, and impact
  if Phase 2 is required
    • Customer Service shares information and some jurisdictions have education outreach via mailers with notices
      and via front desk personnel
• Depending on type of construction and age, certain types have higher Phase 2 follow up
  requirements
    • OSB sheathing
    • Indications of maintenance habits or lack thereof
• Repairs
    • Timing – when do we have to get them done
    • Costs
• SIRS and questions on AHJ involvement – who enforces it
• 30-year versus 25-year initial timeline option – questions on difference received from public
                           Other Observations
• Updating database – initially work in progress; now an issue with securing
  updated information due to changes in HOA contacts
• We have an unsafe structure issue
   • Reported by professional doing observation
   • Reported by tenant/owner
• Process
   • AHJ in most cases refers this to Unsafe Structures or Code Enforcement if that is the
     set-up by local governmental unit – AHJ does not have legal authority to proceed
     with investigation (local ordinances define)
   • In a minority of cases, the complaint is referred to local Administration for action
       • Building Official MUST refer the complaint in an expedited manner
       • How the complaint is routed initially may delay the process
                    Possible Improvements
• Possible added items for initial and follow-up observations (similar to
  Miami-Dade approach; more areas covered by process)
• Life safety protection
   • Fire Marshal wish list on fire related features being part of review scope
• Unified survey on key issues and comments
   • Record keeping of maintenance activity
   • Equipment log
   • Key contact defined
                     Topics not Addressed
• Central depository of reports for statistical analysis
   • Who gets to do it and foot the bill
   • What information are you trying to gather
   • Will this benefit our Code approach
                                  Cautions
• This is still early stages, so need to be careful on abrupt changes as
  they cause confusion
   • Jurisdictions
   • HOAs
• Do not overload the system
   • Capacity versus demand
      • Qualified professionals
• Educate, not confuse
Thank you for your time
 RJ (Ron) Leiseca, BOAF, CSI, AIA Allied
  Chair – BOAF Legislative Committee

           O – 904-261-3327
         E – ron@rjlassoc.com


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