Resolution 2024-33377 RESOLUTION NO: 2024-33377
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO ENACT LEGISLATION THAT WOULD
SUBSTANTIALLY REFORM THE FLORIDA STATUTES APPLICABLE
TO CONDOMINIUMS, INCLUDING AN INCREASE TO THE
THRESHOLD BUILDING SIZE FOR THE PURPOSES OF THE
REQUIRED STRUCTURAL INTEGRITY RESERVE STUDY, A
LIMITATION OF THE SCOPE OF THE RESERVE REQUIREMENTS TO
ACTUAL STRUCTURAL ISSUES, AN INCREASED TIMELINE FOR
CONDOMINIUM ASSOCIATIONS TO ACCUMULATE THE REQUIRED
RESERVES, INCREASED ACCOUNTABILITY AND OVERSIGHT
OVER CONDOMINIUM ASSOCIATIONS BY THE STATE, A
REQUIREMENT THAT CONDOMINIUM ASSOCIATIONS SEEK NO
FEWER THAN THREE QUOTES FOR SERVICES REQUIRED
PURSUANT TO CHAPTER 718 OF THE FLORIDA STATUTES, AND
REPEAL EXISTING PREEMPTIONS SO THAT LOCAL
GOVERNMENTS MAY EXERCISE GREATER REGULATORY
OVERSIGHT OVER CONDOMINIUM ASSOCIATIONS; AND
DIRECTING THE CITY CLERK TO SEND A COPY OF THIS
RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE OF
REPRESENTATIVES, AND THE PRESIDENT OF THE FLORIDA
SENATE.
WHEREAS, a substantial portion of Florida's condominiums are located in Miami-
Dade County, and for many residents, condominium ownership represents their
achievement of the American dream; and
WHEREAS, condominiums offer a more affordable ownership option than single
family homes while giving the added benefit of property-wide community; and
WHEREAS, many condominium owners are facing financial hardships as
insurance premiums skyrocket across the State; and
WHEREAS, during special legislative session D in 2022, the Florida Legislature—
in response to the Surfside tragedy and in the hopes of preventing a similar calamity—
passed the well-intentioned but unduly burdensome 2022 Building Safety Bill (SB 4-D);
and .
WHEREAS, SB 4-D imposed significant financial burdens on condominium
owners in a short timeframe, including a requirement that associations existing on or
before July 1, 2022, which are controlled by unit owners other than the developer, must
have a structural integrity reserve study completed by December 31, 2024, for each
building on the condominium property that is three stories or higher in height; and
WHEREAS, the 2023 Condominium and Coop Safety Law (SB 154) modified the
regulations set forth in SB 4-D, but not in a way that adequately relieved the substantial
financial burdens that SB 4-D imposed on condominium owners; and
WHEREAS, due to the recent bills imposing new requirements on condominium
associations, Miami Beach residents are now under significant financial pressure, and the
City Commission is concerned that these challenges will intensify the affordability issues
facing South Florida in addition to putting many residents with condominiums in untenable
financial positions that may force owners to sell their units out of desperation; and
WHEREAS, the impact of these changes is especially felt by seniors, who
potentially face large and unaffordable special assessments to finance these new
requirements imposed by SB 4-D and SB 154; and
WHEREAS, the current height threshold of three floors for the structural integrity
reserve study requirement set forth in section 718.112(g) of the Florida Statutes is overly
inclusive and should be revised to buildings four stories or higher; and
WHEREAS, to promote affordability while still addressing the root issue of safety,
the required structural integrity reserve study set forth in section 718.112(g) of the Florida
Statutes should be limited to structural issues; and
WHEREAS, to further promote affordability and ease financial pressure on
condominium owners, the timeframe for condominium associations to accumulate
required reserves should be extended past the current deadline established in chapter
718 of the Florida Statutes, such that the required time to accumulate necessary reserves
aligns closer with the timing as to the building's needs and the horizon for expenditures;
and
WHEREAS, the Florida Statutes should further be revised to increase
accountability on condominium associations, including additional audit requirements and
the State's ability to further inquire into an association's finances if discrepancies exist;
and
WHEREAS, to ensure that condominium owners are receiving fair prices for
required maintenance and studies pursuant to chapter 718 of the Florida Statutes,
condominium associations should be required to seek 3 or more quotes for work to be
performed on their buildings necessary to comply with chapter 718; and
WHEREAS, currently, the State of Florida's Department of Business and
Professional Regulation ("DBPR") exercises sole regulatory oversight over condominium
associations; and
WHEREAS, DBPR's regulatory oversight over condominium associations is
insufficient, and there would be greater accountability and transparency if local
governments were empowered to exercise regulatory oversight over associations; and
WHEREAS, the Mayor and City Commission urge the Florida Legislature address
this potential financial crisis and work in a bipartisan fashion to find a sustainable solution.
NOW, THEREFORE, BE IT .DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby urge the Florida Legislature to enact legislation that would
substantially reform the Florida Statutes applicable to condominiums, including an
increase to the threshold building size for the purposes of the required structural integrity
reserve study, a limitation of the scope of the reserve requirements to actual structural
issues, an increased timeline for condominium associations to accumulate the required
reserves, increased accountability and oversight over condominium associations by the
state, a requirement that condominium associations seek no fewer than three quotes for
services required pursuant to Chapter 718 of the Florida Statutes, and repeal existing
preemptions so that local governments may exercise greater regulatory oversight over
condominium associations; and direct the City Clerk to send a copy of this Resolution to
the speaker of the Florida House of Representatives, and the President of the Florida
Senate.
PASSED AND ADOPTED this 0 da f i1'`e 4.
Steven Meiner, Mayor
ATTEST:
NOV 2 2 2024
Rafael E. Granado, City Clerk ? ti,
(sponsored by Vice-Mayor Alex J. Fernandez)
ItiCORPORATED
''';4Cf-fh'•�5
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
'1112-)20Z�
City Attorney Date
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel:305-673-7411
November 25, 2024
The Honorable Daniel Perez
Speaker of the House of Representatives
402 South Monroe Street
Tallahassee, FL 32399-1300
Dear Speaker of the House Perez,
Attached please find a copy of City of Miami Beach Resolution No. 2024-33377:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT WOULD
SUBSTANTIALLY REFORM THE FLORIDA STATUTES APPLICABLE TO CONDOMINIUMS,
INCLUDING AN INCREASE TO THE THRESHOLD BUILDING SIZE FOR THE PURPOSES OF
THE REQUIRED STRUCTURAL INTEGRITY RESERVE STUDY, A LIMITATION OF THE
SCOPE OF THE RESERVE REQUIREMENTS TO ACTUAL STRUCTURAL ISSUES, AN
INCREASED TIMELINE FOR CONDOMINIUM ASSOCIATIONS TO ACCUMULATE THE
REQUIRED RESERVES, INCREASED ACCOUNTABILITY AND OVERSIGHT OVER
CONDOMINIUM ASSOCIATIONS BY THE STATE, A REQUIREMENT THAT CONDOMINIUM
ASSOCIATIONS SEEK NO FEWER THAN THREE QUOTES FOR SERVICES REQUIRED
PURSUANT TO CHAPTER 718 OF THE FLORIDA STATUTES, AND REPEAL EXISTING
PREEMPTIONS SO THAT LOCAL GOVERNMENTS MAY EXERCISE GREATER
REGULATORY OVERSIGHT OVER CONDOMINIUM ASSOCIATIONS; AND DIRECTING THE
CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA
HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF THE FLORIDA SENATE.
(Sponsored by Vice-Mayor Alex J. Fernandez)
This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami
Beach on November 20, 2024.
Respectfully,
774
Rafael E. Granado
City Clerk
c: Vice-Mayor Alex J. Fernandez
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel:305-673-7411
November 25, 2024
The Honorable Ben Albritton
The Florida Senate
Office of the President
404 South Monroe Street
Tallahassee, FL 32399-1100
Dear President Albritton,
Attached please find a copy of City of Miami Beach Resolution No. 2024-33377:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT WOULD
SUBSTANTIALLY REFORM THE FLORIDA STATUTES APPLICABLE TO CONDOMINIUMS,
INCLUDING AN INCREASE TO THE THRESHOLD BUILDING SIZE FOR THE PURPOSES OF
THE REQUIRED STRUCTURAL INTEGRITY RESERVE STUDY, A LIMITATION OF THE
SCOPE OF THE RESERVE REQUIREMENTS TO ACTUAL STRUCTURAL ISSUES, AN
INCREASED TIMELINE FOR CONDOMINIUM ASSOCIATIONS TO ACCUMULATE THE
REQUIRED RESERVES, INCREASED ACCOUNTABILITY AND OVERSIGHT OVER
CONDOMINIUM ASSOCIATIONS BY THE STATE, A REQUIREMENT THAT CONDOMINIUM
ASSOCIATIONS SEEK NO FEWER THAN THREE QUOTES FOR SERVICES REQUIRED
PURSUANT TO CHAPTER 718 OF THE FLORIDA STATUTES, AND REPEAL EXISTING
PREEMPTIONS SO THAT LOCAL GOVERNMENTS MAY EXERCISE GREATER
REGULATORY OVERSIGHT OVER CONDOMINIUM ASSOCIATIONS; AND DIRECTING THE
CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA
HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF THE FLORIDA SENATE.
(Sponsored by Vice-Mayor Alex J. Fernandez)
This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami
Beach on November 20, 2024.
Respectfully
44
Rafael E. Granado
City Clerk
c: Vice-Mayor Alex J. Fernandez
Resolutions - C7 Y
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: November 20, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT
LEGISLATION THAT WOULD SUBSTANTIALLY REFORM THE FLORIDA
STATUTES APPLICABLE TO CONDOMINIUMS, INCLUDING AN INCREASE TO
THE THRESHOLD BUILDING SIZE FOR THE PURPOSES OF THE REQUIRED
STRUCTURAL INTEGRITY RESERVE STUDY,A LIMITATION OF THE SCOPE OF
THE RESERVE REQUIREMENTS TO ACTUAL STRUCTURAL ISSUES, AN
INCREASED TIMELINE FOR CONDOMINIUM ASSOCIATIONS TO ACCUMULATE
THE REQUIRED RESERVES, INCREASED ACCOUNTABILITY AND OVERSIGHT
OVER CONDOMINIUM ASSOCIATIONS BY THE STATE, A REQUIREMENT THAT
CONDOMINIUM ASSOCIATIONS SEEK NO FEWER THAN THREE QUOTES FOR
SERVICES REQUIRED PURSUANT TO CHAPTER 718 OF THE FLORIDA
STATUTES, AND REPEAL EXISTING PREEMPTIONS SO THAT LOCAL
GOVERNMENTS MAY EXERCISE GREATER REGULATORY OVERSIGHT OVER
CONDOMINIUM ASSOCIATIONS; AND DIRECTING THE CITY CLERK TO SEND
A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE
OF REPRESENTATIVES, AND THE PRESIDENT OF THE FLORIDA SENATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Resolution was prepared at the request of the sponsor, Vice-Mayor Alex Fernandez.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Page 478 of 1993
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481 L
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
Urge Fla. Legis. to Reform Condominium Laws. (Fernandez) CA
Page 479 of 1993