Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7103, 2nd Eng.
       
       
       
       
       
       
                                Ì697400yÎ697400                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
               Floor: 1a/RE/3R         .                                
             05/03/2019 12:10 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Brandes moved the following:
       
    1         Senate Amendment to Amendment (387652) (with title
    2  amendment)
    3  
    4         Between lines 773 and 774
    5  insert:
    6         Section 15. Paragraph (l) of subsection (2) of section
    7  718.112, Florida Statutes, is amended to read:
    8         718.112 Bylaws.—
    9         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
   10  following and, if they do not do so, shall be deemed to include
   11  the following:
   12         (l) Firesafety.—An association must ensure compliance with
   13  the Florida Fire Prevention Code. As to a residential
   14  condominium building that is a high-rise building as defined
   15  under the Florida Fire Prevention Code, the association must
   16  retrofit either a fire sprinkler system or an engineered life
   17  safety system as specified in the Florida Fire Prevention Code
   18  Certificate of compliance.—A provision that a certificate of
   19  compliance from a licensed electrical contractor or electrician
   20  may be accepted by the association’s board as evidence of
   21  compliance of the condominium units with the applicable fire and
   22  life safety code must be included. Notwithstanding chapter 633
   23  or of any other code, statute, ordinance, administrative rule,
   24  or regulation, or any interpretation of the foregoing, an
   25  association, residential condominium, or unit owner is not
   26  obligated to retrofit the common elements, association property,
   27  or units of a residential condominium with a fire sprinkler
   28  system in a building that has been certified for occupancy by
   29  the applicable governmental entity if the unit owners have voted
   30  to forego such retrofitting by the affirmative vote of a
   31  majority of all voting interests in the affected condominium.
   32  The local authority having jurisdiction may not require
   33  completion of retrofitting with a fire sprinkler system or an
   34  engineered life safety system before January 1, 2024 2020. By
   35  December 31, 2016, a residential condominium association that is
   36  not in compliance with the requirements for a fire sprinkler
   37  system and has not voted to forego retrofitting of such a system
   38  must initiate an application for a building permit for the
   39  required installation with the local government having
   40  jurisdiction demonstrating that the association will become
   41  compliant by December 31, 2019.
   42         1. A vote to forego retrofitting may be obtained by limited
   43  proxy or by a ballot personally cast at a duly called membership
   44  meeting, or by execution of a written consent by the member, and
   45  is effective upon recording a certificate attesting to such vote
   46  in the public records of the county where the condominium is
   47  located. The association shall mail or hand deliver to each unit
   48  owner written notice at least 14 days before the membership
   49  meeting in which the vote to forego retrofitting of the required
   50  fire sprinkler system is to take place. Within 30 days after the
   51  association’s opt-out vote, notice of the results of the opt-out
   52  vote must be mailed or hand delivered to all unit owners.
   53  Evidence of compliance with this notice requirement must be made
   54  by affidavit executed by the person providing the notice and
   55  filed among the official records of the association. After
   56  notice is provided to each owner, a copy must be provided by the
   57  current owner to a new owner before closing and by a unit owner
   58  to a renter before signing a lease.
   59         2. If there has been a previous vote to forego
   60  retrofitting, a vote to require retrofitting may be obtained at
   61  a special meeting of the unit owners called by a petition of at
   62  least 10 percent of the voting interests. Such a vote may only
   63  be called once every 3 years. Notice shall be provided as
   64  required for any regularly called meeting of the unit owners,
   65  and must state the purpose of the meeting. Electronic
   66  transmission may not be used to provide notice of a meeting
   67  called in whole or in part for this purpose.
   68         3. As part of the information collected annually from
   69  condominiums, the division shall require condominium
   70  associations to report the membership vote and recording of a
   71  certificate under this subsection and, if retrofitting has been
   72  undertaken, the per-unit cost of such work. The division shall
   73  annually report to the Division of State Fire Marshal of the
   74  Department of Financial Services the number of condominiums that
   75  have elected to forego retrofitting.
   76         4. Notwithstanding s. 553.509, a residential association
   77  may not be obligated to, and may forego the retrofitting of, any
   78  improvements required by s. 553.509(2) upon an affirmative vote
   79  of a majority of the voting interests in the affected
   80  condominium.
   81         5.This paragraph does not apply to timeshare condominium
   82  associations, which shall be governed by s. 721.24.
   83         Section 16. Section 718.1085, Florida Statutes, is amended
   84  to read:
   85         718.1085 Certain regulations not to be retroactively
   86  applied.—Notwithstanding the provisions of chapter 633 or of any
   87  other code, statute, ordinance, administrative rule, or
   88  regulation, or any interpretation thereof, an association,
   89  condominium, or unit owner is not obligated to retrofit the
   90  common elements or units of a residential condominium that meets
   91  the definition of “housing for older persons” in s.
   92  760.29(4)(b)3. to comply with requirements relating to handrails
   93  and guardrails if the unit owners have voted to forego such
   94  retrofitting by the affirmative vote of two-thirds of all voting
   95  interests in the affected condominium. However, a condominium
   96  association may not vote to forego the retrofitting in common
   97  areas in a high-rise building. For the purposes of this section,
   98  the term “high-rise building” means a building that is greater
   99  than 75 feet in height where the building height is measured
  100  from the lowest level of fire department access to the floor of
  101  the highest occupiable level. For the purposes of this section,
  102  the term “common areas” means stairwells and exposed, outdoor
  103  walkways and corridors, but does not include individual
  104  balconies. In no event shall the local authority having
  105  jurisdiction require retrofitting of common areas with handrails
  106  and guardrails before the end of 2024 2014.
  107         (1) A vote to forego retrofitting may not be obtained by
  108  general proxy or limited proxy, but shall be obtained by a vote
  109  personally cast at a duly called membership meeting, or by
  110  execution of a written consent by the member, and shall be
  111  effective upon the recording of a certificate attesting to such
  112  vote in the public records of the county where the condominium
  113  is located. The association shall provide each unit owner
  114  written notice of the vote to forego retrofitting of the
  115  required handrails or guardrails, or both, in at least 16-point
  116  bold type, by certified mail, within 20 days after the
  117  association’s vote. After such notice is provided to each owner,
  118  a copy of such notice shall be provided by the current owner to
  119  a new owner prior to closing and shall be provided by a unit
  120  owner to a renter prior to signing a lease.
  121         (2) As part of the information collected annually from
  122  condominiums, the division shall require condominium
  123  associations to report the membership vote and recording of a
  124  certificate under this subsection and, if retrofitting has been
  125  undertaken, the per-unit cost of such work. The division shall
  126  annually report to the Division of State Fire Marshal of the
  127  Department of Financial Services the number of condominiums that
  128  have elected to forego retrofitting.
  129         Section 17. By July 1, 2019, the State Fire Marshal shall
  130  issue a data call to all local fire officials to collect data
  131  regarding high-rise condominiums greater than 75 feet in height
  132  which have not retrofitted with a fire sprinkler system or an
  133  engineered life safety system in accordance with ss. 633.208(5)
  134  and 718.112(2)(l), Florida Statutes. Local fire officials shall
  135  submit such data to the State Fire Marshal and shall include,
  136  for each individual building, the address, the number of units,
  137  and the number of stories. By July 1, 2020, all data must be
  138  received and compiled into a report by city and county. By
  139  September 1, 2020, the report must be sent to the Governor, the
  140  President of the Senate, and the Speaker of the House of
  141  Representatives.
  142  
  143  ================= T I T L E  A M E N D M E N T ================
  144  And the title is amended as follows:
  145         Delete line 892
  146  and insert:
  147         private provider, with exceptions; amending s.
  148         718.112, F.S.; requiring condominium associations to
  149         ensure compliance with the Florida Fire Prevention
  150         Code; requiring associations to retrofit certain high
  151         rise buildings with either a fire sprinkler system or
  152         an engineered life safety system as specified in the
  153         code; deleting a requirement for association bylaws to
  154         include a provision relating to certain certificates
  155         of compliance; extending and specifying the date
  156         before which local authorities having jurisdiction may
  157         not require completion of retrofitting a fire
  158         sprinkler system or a engineered life safety system,
  159         respectively; deleting an obsolete provision;
  160         providing applicability; amending s. 718.1085, F.S.;
  161         revising the definition of the term “common areas” to
  162         exclude individual balconies; extending the year
  163         before which the local authority having jurisdiction
  164         may not require retrofitting of common areas with
  165         handrails and guardrails; requiring the State Fire
  166         Marshal, by a certain date, to issue a data call to
  167         all local fire officials to collect data on certain
  168         high-rise condominiums; specifying data that local
  169         fire officials must submit; requiring that all data be
  170         received and compiled into a certain report by a
  171         certain date; requiring that the report be sent to the
  172         Governor and the Legislature by a certain date;
  173         providing an