Senate Bill sb0244

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    Florida Senate - 2003                                   SB 244

    By Senator Saunders





    37-143-03

  1                      A bill to be entitled

  2         An act relating to fire safety standards;

  3         amending s. 633.025, F.S.; authorizing local

  4         government entities to exempt certain

  5         residential high-rise buildings from specified

  6         fire safety standards; amending s. 689.26,

  7         F.S.; requiring sellers of condominiums to

  8         disclose the status of the buildings'

  9         compliance with specific provisions of the

10         Florida Fire Protection Code; providing an

11         effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Subsection (10) is added to section

16  633.025, Florida Statutes, to read:

17         633.025  Minimum firesafety standards.--

18         (10)  A municipality, county, or special district with

19  firesafety responsibilities may adopt a local amendment to the

20  Florida Fire Prevention Code to exempt residential high-rise

21  buildings constructed before January 1, 2002, from the

22  requirement that such buildings be protected throughout by an

23  approved, supervised automatic sprinkler system or an

24  engineered life safety system approved by the fire official.

25         (a)  However, residential high-rise buildings must

26  comply with that requirement when they are substantially

27  improved. Upon resale of such buildings or units within such

28  buildings, sellers must disclose to buyers that the building

29  does not comply with standards for an approved, supervised

30  automatic sprinkler system or an engineered life safety

31  system.

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    Florida Senate - 2003                                   SB 244
    37-143-03




 1         (b)  The term, "substantially improved" means any

 2  repair, reconstruction, rehabilitation, or improvement of a

 3  structure when if the actual cost of the improvement or repair

 4  equals or exceeds, over a 5-year period, a cumulative total of

 5  50 percent of the market value of the structure:

 6         1.  Before the improvement or repair is started; or

 7         2.  If the structure has been damaged and is being

 8  restored, before the damage occurred.

 9         Section 2.  Section 689.26, Florida Statutes, is

10  amended to read:

11         689.26  Prospective purchasers subject to association

12  membership requirement; disclosure required; disclosure of

13  compliance of condominium buildings with certain fire safety

14  standards.--

15         (1)  A prospective parcel owner in a community must be

16  presented a disclosure summary before executing the contract

17  for sale.  The disclosure summary must be in a form

18  substantially similar to the following form:

19  

20                        DISCLOSURE SUMMARY

21                                FOR

22                        (NAME OF COMMUNITY)

23  

24         1.  AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU

25  WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION.

26         2.  THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE

27  COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN

28  THIS COMMUNITY.

29         3.  YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE

30  ASSOCIATION, WHICH ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.

31  

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    Florida Senate - 2003                                   SB 244
    37-143-03




 1         4.  YOUR FAILURE TO PAY THESE ASSESSMENTS COULD RESULT

 2  IN A LIEN ON YOUR PROPERTY.

 3         5.  THERE (IS) (IS NOT) AN OBLIGATION TO PAY RENT OR

 4  LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED

 5  FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS'

 6  ASSOCIATION.  (If such obligation exists, then the amount of

 7  the current obligation shall be set forth.)

 8         6.  THE RESTRICTIVE COVENANTS (CAN) (CANNOT) BE AMENDED

 9  WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP.

10         7.  THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM

11  ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER,

12  YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION

13  GOVERNING DOCUMENTS.

14         8.  THESE DOCUMENTS ARE MATTERS OF PUBLIC RECORD AND

15  CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE

16  PROPERTY IS LOCATED.

17  DATE:                                               PURCHASER:

18                                                      PURCHASER:

19  

20  The disclosure must be supplied by the developer, or by the

21  parcel owner if the sale is by an owner that is not the

22  developer.  Any contract or agreement for sale shall refer to

23  and incorporate the disclosure summary and shall include, in

24  prominent language, a statement that the potential buyer

25  should not execute the contract or agreement until they have

26  received and read the disclosure summary required by this

27  section.

28         (2)  This section does not apply to any association

29  regulated under chapter 718, chapter 719, chapter 721, or

30  chapter 723 or to a subdivider registered under chapter 498;

31  and also does not apply if disclosure regarding the

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    Florida Senate - 2003                                   SB 244
    37-143-03




 1  association is otherwise made in connection with the

 2  requirements of chapter 718, chapter 719, chapter 721, or

 3  chapter 723.

 4         (3)  Upon resale of condominiums or units within such

 5  condominiums, sellers must disclose to the buyers whether or

 6  not the building complies with standards for an approved,

 7  supervised automatic sprinkler system or an engineered life

 8  safety system, as required for new construction in the Florida

 9  Fire Prevention Code.

10         Section 3.  This act shall take effect July 1, 2003.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Permits certain local government entities to exempt
      certain residential high-rise buildings from fire safety
15    requirements pertaining to automatic sprinkler systems or
      engineered life safety systems. Required sellers of
16    condominiums to disclose the status of such buildings'
      compliance with such standards.
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