Florida Senate - 2018                                    SB 1432
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01251-18                                           20181432__
    1                        A bill to be entitled                      
    2         An act relating to community association fire and life
    3         safety systems; creating s. 633.2225, F.S.; requiring
    4         certain condominium or cooperative associations to
    5         post certain signs or symbols on buildings; requiring
    6         the State Fire Marshal to adopt rules governing such
    7         signs and symbols; providing for enforcement;
    8         providing penalties; amending ss. 718.112 and
    9         719.1055, F.S.; revising provisions relating to
   10         evidence of condominium and cooperative association
   11         compliance with the fire and life safety code;
   12         revising unit and common elements required to be
   13         retrofitted; revising provisions relating to an
   14         association vote to forego retrofitting; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 633.2225, Florida Statutes, is created
   20  to read:
   21         633.2225Condominium and cooperative buildings without fire
   22  sprinkler systems; notice requirements; enforcement.—
   23         (1)The board of a condominium or cooperative association
   24  that operates a building of three stories or more that has not
   25  installed a fire sprinkler system in the common areas of the
   26  building shall mark the building with a sign or symbol approved
   27  by the State Fire Marshal in a manner sufficient to warn persons
   28  conducting fire control and other emergency operations of the
   29  lack of a fire sprinkler system in the common areas.
   30         (2)The State Fire Marshal shall:
   31         (a)Ensure that the dimensions and placement of the sign or
   32  symbol do not diminish the aesthetic value of the building; and
   33         (b)Adopt rules necessary to implement the provisions of
   34  this section, including, but not limited to:
   35         1.The dimensions and color of such sign or symbol.
   36         2.The time within which the condominium or cooperative
   37  buildings without fire sprinkler systems shall be marked as
   38  required by this section.
   39         3.The location on each condominium or cooperative building
   40  without a fire sprinkler system where such sign or symbol must
   41  be posted.
   42         (3)The State Fire Marshal, and local fire officials in
   43  accordance with s. 633.118, shall enforce this section. An
   44  association that fails to comply with the requirements of this
   45  section is subject to penalties as provided in s. 633.228.
   46         Section 2. Paragraph (l) of subsection (2) of section
   47  718.112, Florida Statutes, is amended to read:
   48         718.112 Bylaws.—
   49         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
   50  following and, if they do not do so, shall be deemed to include
   51  the following:
   52         (l) Certificate of compliance.—A provision that a
   53  certificate of compliance from a licensed electrical contractor,
   54  or electrician, or professional engineer may be accepted by the
   55  association’s board as evidence of compliance of the condominium
   56  units with the applicable fire and life safety code must be
   57  included. Notwithstanding chapter 633 or of any other code,
   58  statute, ordinance, administrative rule, or regulation, or any
   59  interpretation of the foregoing, an association, residential
   60  condominium, or unit owner is not obligated to retrofit the
   61  common elements, association property, or units of a residential
   62  condominium with a fire sprinkler system or other engineered
   63  life safety system in a building that is 75 feet or less in
   64  height. There is no obligation to retrofit for a building
   65  greater than 75 feet in height, calculated from the lowest level
   66  of fire department vehicle access to the floor of the highest
   67  occupiable story, has been certified for occupancy by the
   68  applicable governmental entity if the unit owners have voted to
   69  forego such retrofitting by the affirmative vote of two-thirds a
   70  majority of all voting interests in the affected condominium.
   71  There is no requirement that owners in condominiums of 75 feet
   72  or less conduct an opt-out vote and such condominiums are exempt
   73  from fire sprinkler or other engineered life safety
   74  retrofitting. The preceding sentence is intended to clarify
   75  existing law. The local authority having jurisdiction may not
   76  require completion of retrofitting with a fire sprinkler system
   77  or other engineered life safety system before January 1, 2022
   78  2020. By December 31, 2018 2016, an a residential condominium
   79  association that operates a residential condominium that is not
   80  in compliance with the requirements for a fire sprinkler system
   81  or other engineered life safety system and has not voted to
   82  forego retrofitting of such a system must initiate an
   83  application for a building permit for the required installation
   84  with the local government having jurisdiction demonstrating that
   85  the association will become compliant by December 31, 2021 2019.
   86         1. A vote to forego required retrofitting may be obtained
   87  by limited proxy or by a ballot personally cast at a duly called
   88  membership meeting, or by execution of a written consent by the
   89  member, or by electronic voting, and is effective upon recording
   90  a certificate executed by an officer or agent of the association
   91  attesting to such vote in the public records of the county where
   92  the condominium is located. When an opt-out vote is to be
   93  conducted at a meeting, the association shall mail or hand
   94  deliver to each unit owner written notice at least 14 days
   95  before the membership meeting in which the vote to forego
   96  retrofitting of the required fire sprinkler system or other
   97  engineered life safety system is to take place. Within 30 days
   98  after the association’s opt-out vote, notice of the results of
   99  the opt-out vote must be mailed or hand delivered to all unit
  100  owners. Evidence of compliance with this notice requirement must
  101  be made by affidavit executed by the person providing the notice
  102  and filed among the official records of the association. Failure
  103  to provide timely notice to unit owners does not invalidate an
  104  otherwise valid opt-out vote if notice of the results is
  105  provided to the owners. After notice is provided to each owner,
  106  a copy must be provided by the current owner to a new owner
  107  before closing and by a unit owner to a renter before signing a
  108  lease.
  109         2. If there has been a previous vote to forego
  110  retrofitting, a vote to require retrofitting may be obtained at
  111  a special meeting of the unit owners called by a petition of at
  112  least 10 percent of the voting interests or by a majority of the
  113  board of directors. The approval of two-thirds of all voting
  114  interests in the affected condominium is required to require
  115  retrofitting. Such a vote may only be called once every 3 years.
  116  Notice shall be provided as required for any regularly called
  117  meeting of the unit owners, and must state the purpose of the
  118  meeting. Electronic transmission may not be used to provide
  119  notice of a meeting called in whole or in part for this purpose.
  120         3. As part of the information collected annually from
  121  condominiums, the division shall require condominium
  122  associations to report the membership vote and recording of a
  123  certificate under this subsection and, if retrofitting has been
  124  undertaken, the per-unit cost of such work. The division shall
  125  annually report to the Division of State Fire Marshal of the
  126  Department of Financial Services the number of condominiums that
  127  have elected to forego retrofitting. Compliance with this
  128  administrative reporting requirement does not affect the
  129  validity of an opt-out vote.
  130         4. Notwithstanding s. 553.509, a residential association
  131  may not be obligated to, and may forego the retrofitting of, any
  132  improvements required by s. 553.509(2) upon an affirmative vote
  133  of a majority of the voting interests in the affected
  134  condominium.
  135         5.The provisions of this paragraph do not apply to
  136  timeshare condominium associations, which shall be governed by
  137  s. 721.24.
  138         Section 3. Subsection (5) of section 719.1055, Florida
  139  Statutes, is amended to read:
  140         719.1055 Amendment of cooperative documents; alteration and
  141  acquisition of property.—
  142         (5) The bylaws must include a provision whereby a
  143  certificate of compliance from a licensed electrical contractor,
  144  or electrician, or professional engineer may be accepted by the
  145  association’s board as evidence of compliance of the cooperative
  146  units with the applicable fire and life safety code.
  147         (a)1. Notwithstanding chapter 633 or any other code,
  148  statute, ordinance, administrative rule, or regulation, or any
  149  interpretation of the foregoing, an association a cooperative or
  150  unit owner is not obligated to retrofit the common elements or
  151  units of a residential cooperative with a fire sprinkler system
  152  or other engineered life safety system in a building that is 75
  153  feet or less in height. There is no obligation to retrofit for a
  154  building greater than 75 feet in height, calculated from the
  155  lowest level of fire department vehicle access to the floor of
  156  the highest occupiable story, has been certified for occupancy
  157  by the applicable governmental entity if the unit owners have
  158  voted to forego such retrofitting by the affirmative vote of
  159  two-thirds a majority of all voting interests in the affected
  160  cooperative. There is no requirement that owners in cooperatives
  161  of 75 feet or less conduct an opt-out vote and such cooperatives
  162  are exempt from fire sprinkler or other engineered life safety
  163  retrofitting. The preceding sentence is intended to clarify
  164  existing law. The local authority having jurisdiction may not
  165  require completion of retrofitting with a fire sprinkler system
  166  or other engineered life safety system before January 1, 2022
  167  the end of 2019. By December 31, 2018 2016, a cooperative that
  168  is not in compliance with the requirements for a fire sprinkler
  169  system or other engineered life safety system and has not voted
  170  to forego retrofitting of such a system must initiate an
  171  application for a building permit for the required installation
  172  with the local government having jurisdiction demonstrating that
  173  the cooperative will become compliant by December 31, 2021 2019.
  174         2. A vote to forego required retrofitting may be obtained
  175  by limited proxy or by a ballot personally cast at a duly called
  176  membership meeting, or by execution of a written consent by the
  177  member, or by electronic voting, and is effective upon recording
  178  a certificate executed by an officer or agent of the association
  179  attesting to such vote in the public records of the county where
  180  the cooperative is located. When the opt-out vote is to be
  181  conducted at a meeting, the cooperative shall mail or hand
  182  deliver to each unit owner written notice at least 14 days
  183  before the membership meeting in which the vote to forego
  184  retrofitting of the required fire sprinkler system or other
  185  engineered life safety system is to take place. Within 30 days
  186  after the cooperative’s opt-out vote, notice of the results of
  187  the opt-out vote must be mailed or hand delivered to all unit
  188  owners. Evidence of compliance with this notice requirement must
  189  be made by affidavit executed by the person providing the notice
  190  and filed among the official records of the cooperative. Failure
  191  to provide timely notice to unit owners does not invalidate an
  192  otherwise valid opt-out vote if notice of the results is
  193  provided to the owners. After notice is provided to each owner,
  194  a copy must be provided by the current owner to a new owner
  195  before closing and by a unit owner to a renter before signing a
  196  lease.
  197         (b) If there has been a previous vote to forego
  198  retrofitting, a vote to require retrofitting may be obtained at
  199  a special meeting of the unit owners called by a petition of
  200  least 10 percent of the voting interests or by a majority of the
  201  board of directors. The approval of two-thirds of all voting
  202  interests in the affected condominium is required to require
  203  retrofitting. Such vote may only be called once every 3 years.
  204  Notice must be provided as required for any regularly called
  205  meeting of the unit owners, and the notice must state the
  206  purpose of the meeting. Electronic transmission may not be used
  207  to provide notice of a meeting called in whole or in part for
  208  this purpose.
  209         (c) As part of the information collected annually from
  210  cooperatives, the division shall require associations to report
  211  the membership vote and recording of a certificate under this
  212  subsection and, if retrofitting has been undertaken, the per
  213  unit cost of such work. The division shall annually report to
  214  the Division of State Fire Marshal of the Department of
  215  Financial Services the number of cooperatives that have elected
  216  to forego retrofitting. Compliance with this administrative
  217  reporting requirement does not affect the validity of an opt-out
  218  vote.
  219         Section 4. This act shall take effect July 1, 2018.