Florida Statutes

Fla. Stat. § 718.616 (2025)

Disclosure of condition of building and estimated replacement costs and notification of municipalities.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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718.616 Disclosure of condition of building and estimated replacement costs and notification of municipalities.—

(1) Each developer of a residential condominium created by converting existing, previously occupied improvements to such form of ownership shall prepare a report that discloses the condition of the improvements and the condition of certain components and their current estimated replacement costs as of the date of the report.

(2) The following information shall be stated concerning the improvements:

(a) The date and type of construction.

(b) The prior use.

(c) Whether there is termite damage or infestation and whether the termite damage or infestation, if any, has been properly treated. The statement shall be substantiated by including, as an exhibit, an inspection report by a certified pest control operator.

(3)(a) Disclosure of condition shall be made for each of the following components that the existing improvements may include:

1. Roof.

2. Structure.

3. Fire protection systems.

4. Elevators.

5. Heating and cooling systems.

6. Plumbing.

7. Electrical systems.

8. Swimming pool.

9. Seawalls, pilings, and docks.

10. Pavement and concrete, including roadways, walkways, and parking areas.

11. Drainage systems.

12. Irrigation systems.

(b) For each component, the following information shall be disclosed and substantiated by attaching a copy of a certificate under seal of an architect or engineer authorized to practice in this state:

1. The age of the component as of the date of the report.

2. The estimated remaining useful life of the component as of the date of the report.

3. The estimated current replacement cost of the component as of the date of the report, expressed:

a. As a total amount; and

b. As a per-unit amount, based upon each unit’s proportional share of the common expenses.

4. The structural and functional soundness of the component.

(d) A supplemental report shall be prepared for any structure or component that is renovated or repaired after completion of the original report and prior to the recording of the declaration of condominium. If the declaration is not recorded within 1 year after the date of the original report, the developer shall update the report annually prior to recording the declaration of condominium.

(e) The report may not contain representations on behalf of the development concerning future improvements or repairs and must be limited to the current condition of the improvements.

(4) If the proposed condominium is situated within a municipality, the disclosure shall include a letter from the municipality acknowledging that the municipality has been notified of the proposed creation of a residential condominium by conversion of existing, previously occupied improvements and, in any county, as defined in s. 125.011(1), acknowledging compliance with applicable zoning requirements as determined by the municipality.

History.—s. 1, ch. 80-3; s. 22, ch. 84-368; s. 14, ch. 94-350; s. 40, ch. 95-274; s. 5, ch. 96-396; s. 7, ch. 97-301; s. 9, ch. 2007-80.

Notes of Decisions

Cited in 4 cases, 1998–2017 · leading case: James River Ins. Co. v. Arlington Pebble Creek, LLC, 188 F. Supp. 3d 1246 (N.D. Fla. 2016).

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James River Ins. Co. v. Arlington Pebble Creek, LLC, 188 F. Supp. 3d 1246 (N.D. Fla. 2016). · cites it 3× “Liability for a claim for violation of the Condominium Act, § 718.616, Florida Statutes, like claims for fraudulent non-disclosure and negligent misrepresentation, is premised on Arlington’s failure to disclose information in its report; the corase of the underlying property…”

OCEAN RITZ v. GGV Assocs., Ltd., 710 So. 2d 702 (Fla. 5th DCA 1998). · cites it 2× “Appellee's liability is based on its alleged faulty inspection and inaccurate disclosure and report prepared pursuant to its contract with the engineering company but which was intended to meet the developer's obligation under section 718.616, Florida Statutes, and which was…”

Arlington Props., Inc. v. Campus Edge Condo. Ass'n Inc. (Fla. 1st DCA 2017). · cites it 4× “To establish negligent misrepresentation, a party is required to prove: (1) a misrepresentation of material fact that the defendant believed to be true but which was in fact false; (2) that defendant should have 1 The Association’s count alleging a violation of section 718.616,…”

James River Ins. v. Arlington Pebble Creek, LLC, 118 F. Supp. 3d 1302 (N.D. Fla. 2015). “In the now fourth amended complaint, Count I is against APC for concealment of structural defects in violation of § 718.616, Florida Statutes. Counts II and III are fraudulent nondisclosure claims against Arlington and APC, respectively.”

— 718.616(1) — 1 case

James River Ins. Co. v. Arlington Pebble Creek, LLC, 188 F. Supp. 3d 1246 (N.D. Fla. 2016). “Liability for a claim for violation of the Condominium Act, § 718.616, Florida Statutes, like claims for fraudulent non-disclosure and negligent misrepresentation, is premised on Arlington’s failure to disclose information in its report; the corase of the underlying property…”

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