News & Insights

FLORIDA LEGISLATURE IMPOSES NEW CONFLICT OF INTEREST DISCLOSURE REQUIREMENTS ON ARCHITECTS AND ENGINEERS PERFORMING STRUCTURAL INSPECTIONS

The Florida Legislature has continued to strengthen oversight of residential condominium buildings. HB 913 – signed into law in 2025 and effective July 1, 2025 – introduces significant new obligations for architects and engineers who perform Milestone Inspections and Structural Integrity Reserve Studies (“SIRS”) on condominium and cooperative buildings. Particularly significant to design professionals is the creation of mandatory written conflict of interest disclosure requirements, obligations that if not met can render an inspection contract voidable and expose the professional to disciplinary action.

In 2022, the Florida Legislature enacted Senate Bill 154, establishing a statewide framework for the structural inspection of older condominium buildings. That framework requires two types of services from licensed architects and engineers. The first, the Milestone Inspection, is a phased structural assessment for buildings three or more habitable stories in height that have reached 30 years of age (or 25 years if within three miles of a coastline). The second, the SIRS, requires an evaluation of major structural components and a projection of repair and replacement costs over time, allowing condominium associations to maintain adequate reserve funding.

Under the new law, any architect or engineer who bids to perform a Milestone Inspection or SIRS must disclose in writing their intent to bid on any maintenance, repair, or replacement work that might result from the inspection. The requirement that no person who conducts an inspection or study may have a direct or indirect financial or ownership interest in any firm performing the recommended repair work, nor may that person be an employee or family member of someone with such an interest, unless the conflict is fully disclosed in writing to the association.

The consequences of noncompliance are meaningful. A failure to make the required disclosures renders the inspection or study contract voidable by the association. In addition, the professional may face disciplinary proceedings under their applicable licensing law. The combination of a voidable contract and licensing exposure creates substantial professional and financial risk for design professionals who perform this work without careful attention to these new requirements.

HB 913 reinforces a broader legislative trend toward greater transparency and accountability in the engagement of design professionals for building safety assessments. For architects and engineers, the practical takeaway is straightforward: any firm performing Milestone Inspections or SIRS work must implement clear protocols to identify and disclose potential conflicts. A professional who surveys a building’s structural deficiencies and then bids on the remediation work has an inherent financial interest that Florida law requires to be disclosed.