Milestone Inspection vs. 40-Year Recertification in Florida: What's the Difference?

Building owners and managers in South Florida often encounter the terms "milestone inspection" and "40-year recertification" used interchangeably. Although related, these are distinct legal requirements. In Miami-Dade and Broward counties, both may apply at the same time. Confusing the two can result in missed deadlines and fines. The following summarizes these requirements.

Summary of Key Differences

The milestone inspection is a statewide requirement established after the Surfside collapse. Miami-Dade has required 40-year recertification since 1975, with Broward adopting it soon after. The milestone law supplements local recertification ordinances rather than replacing them, which can result in overlapping deadlines.

So:

• Outside Miami-Dade and Broward counties, only the milestone inspection generally applies.
• Within Miami-Dade or Broward counties, both county recertification and the state milestone inspection may be required.

Definition of the Milestone Inspection

Florida Senate Bill 4-D (2022), codified in Florida Statute 553.899, established the milestone inspection. It applies to condominium and cooperative buildings with three or more stories. Single-family homes and duplexes are exempt.

Key Provisions:

• The initial inspection is required when the building reaches 30 years of age, measured from the date the certificate of occupancy was issued, or 25 years if located within three miles of the coastline.
• Subsequent inspections are required every 10 years thereafter.
• The inspection process has two phases. Phase 1 is a visual structural assessment by a licensed engineer or architect. If no substantial deterioration is found, the process ends. If concerns are identified, Phase 2 involves more detailed and potentially invasive testing.
• The report must be signed and sealed by a Florida-licensed Professional Engineer or architect and submitted to both the association and the local building official.

The 2022 legislation also introduced the Structural Integrity Reserve Study (SIRS), requiring associations to allocate funds for long-term repairs identified during inspections.

Definition of the 40-Year Recertification

The 40-year recertification is a long-standing program in Miami-Dade and Broward counties. Miami-Dade implemented it in 1975, and the requirement was strengthened in 2022 with the new state law.

Key Differences from the Milestone Inspection:

• The 40-year recertification applies to a broader range of buildings, not limited to condominiums and cooperatives with three or more stories.
• This program covers both structural and electrical safety. The electrical component is a key distinction that often surprises property owners.
• The process begins when the property owner receives a Notice of Required Recertification. The signed and sealed report must be submitted within 90 or 180 days, depending on the notice and property type.
• Certain small structures, such as single-family homes and duplexes, are exempt from this requirement.

In Miami-Dade County, the new milestone requirements are integrated with the existing recertification ordinance. As a result, an older coastal condominium may need to complete a structural milestone inspection, electrical recertification, and reserve study within overlapping timeframes.

Compliance Deadlines

A common and costly mistake is completing one requirement and assuming full compliance while neglecting the other. For example, if a Miami-Dade condominium board completes the milestone inspection but overlooks electrical recertification, the building remains out of compliance. The building official will treat this as a missed deadline.

To avoid uncertainty, consider engaging a licensed firm to review your building’s age, location, and ownership structure to determine the applicable requirements and deadlines. Mimik Solutions holds both a Florida Professional Engineer license (PE85427) and a General Contractor license (CGC1531655), which allows us to perform both structural and electrical inspections and to scope any necessary repairs identified in the report.

Broward building owners: see our Building Safety Inspection Program (BSIP) guide →

Related reading: Broward vs. Miami-Dade 40-Year Recertification — Key Differences →