Amendment

Bill No. 1938

Amendment No. 948503

CHAMBER ACTION
Senate		House
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1	Representative Culp offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause, and insert:
5	Section 1.  Paragraph (l) of subsection (2) of section
6	718.112, Florida Statutes, is amended to read:
7	718.112  Bylaws.--
8	(2)  REQUIRED PROVISIONS.--The bylaws shall provide for the
9	following and, if they do not do so, shall be deemed to include
10	the following:
11	(l)  Certificate of compliance.--There shall be a provision
12	that a certificate of compliance from a licensed electrical
13	contractor or electrician may be accepted by the association's
14	board as evidence of compliance of the condominium units with
15	the applicable fire and life safety code. Notwithstanding the
16	provisions of chapter 633 or of any other code, statute,
17	ordinance, administrative rule, or regulation, or any
18	interpretation of the foregoing, an association, condominium, or
19	unit owner is not obligated to retrofit the common elements or
20	units of a residential condominium with a fire sprinkler system
21	or other engineered lifesafety system in a building that has
22	been certified for occupancy by the applicable governmental
23	entity, if the unit owners have voted to forego such
24	retrofitting and engineered lifesafety system by the affirmative
25	vote of two-thirds of all voting interests in the affected
26	condominium. However, a condominium association may not vote to
27	forego the retrofitting with a fire sprinkler system of common
28	areas in a high-rise building. For purposes of this subsection,
29	the term "high-rise building" means a building that is greater
30	than 75 feet in height where the building height is measured
31	from the lowest level of fire department access to the floor of
32	the highest occupiable story. For purposes of this subsection,
33	the term "common areas" means any enclosed hallway, corridor,
34	lobby, stairwell, or entryway. In no event shall the local
35	authority having jurisdiction require completion of retrofitting
36	of common areas with a sprinkler system before the end of 2014.
37	1.  A vote to forego retrofitting may not be obtained by
38	general proxy or limited proxy or by a ballot, but shall be
39	obtained by a vote personally cast at a duly called membership
40	meeting, or by execution of a written consent by the member, and
41	shall be effective upon the recording of a certificate attesting
42	to such vote in the public records of the county where the
43	condominium is located. The association shall mail, hand
44	deliver, or electronically transmit to provide each unit owner
45	written notice at least 14 days prior to such membership meeting
46	that includes a statement that a of the vote to forego
47	retrofitting of the required fire sprinkler system is to take
48	place. Within 30 days after the association's vote, notice of
49	the results of the vote shall be mailed, hand delivered, or
50	electronically transmitted to all unit owners. Evidence of
51	compliance with this 30-day notice requirement shall be made by
52	an affidavit executed by the person providing the notice and
53	filed among the official records of the association, in at least
54	16-point bold type, by certified mail, within 20 days after the
55	association's vote. After such notice is provided to each owner,
56	a copy of such notice shall be provided by the current owner to
57	a new owner prior to closing and shall be provided by a unit
58	owner to a renter prior to signing a lease.
59	2.  As part of the information collected annually from
60	condominiums, the division shall require condominium
61	associations to report the membership vote and recording of a
62	certificate under this subsection and, if retrofitting has been
63	undertaken, the per-unit cost of such work. The division shall
64	annually report to the Division of State Fire Marshal of the
65	Department of Financial Services the number of condominiums that
66	have elected to forego retrofitting.
67	Section 2.  Paragraph (a) of subsection (5) of section
68	719.1055, Florida Statutes, is amended to read:
69	719.1055  Amendment of cooperative documents; alteration
70	and acquisition of property.--
71	(5)  Notwithstanding the provisions of chapter 633 or of
72	any other code, statute, ordinance, administrative rule, or
73	regulation, or any interpretation of the foregoing, a
74	cooperative or unit owner is not obligated to retrofit the
75	common elements or units of a residential cooperative with a
76	fire sprinkler system or other engineered life safety system in
77	a building that has been certified for occupancy by the
78	applicable governmental entity, if the unit owners have voted to
79	forego such retrofitting and engineered life safety system by
80	the affirmative vote of two-thirds of all voting interests in
81	the affected cooperative. However, a cooperative may not forego
82	the retrofitting with a fire sprinkler system of common areas in
83	a high-rise building. For purposes of this subsection, the term
84	"high-rise building" means a building that is greater than 75
85	feet in height where the building height is measured from the
86	lowest level of fire department access to the floor of the
87	highest occupiable story. For purposes of this subsection, the
88	term "common areas" means any enclosed hallway, corridor, lobby,
89	stairwell, or entryway. In no event shall the local authority
90	having jurisdiction require completion of retrofitting of common
91	areas with a sprinkler system before the end of 2014.
92	(a)  A vote to forego retrofitting may not be obtained by
93	general proxy or limited proxy or by a ballot, but shall be
94	obtained by a vote personally cast at a duly called membership
95	meeting, or by execution of a written consent by the member, and
96	shall be effective upon the recording of a certificate attesting
97	to such vote in the public records of the county where the
98	cooperative is located. The association shall mail, hand
99	deliver, or electronically transmit to provide each unit owner
100	written notice at least 14 days prior to such membership meeting
101	that includes a statement that a of the vote to forego
102	retrofitting of the required fire sprinkler system is to take
103	place. Within 30 days after the association's vote, notice of
104	the results of the vote shall be mailed, hand delivered, or
105	electronically transmitted to all unit owners. Evidence of
106	compliance with this 30-day notice requirement shall be made by
107	an affidavit executed by the person providing the notice and
108	filed among the official records of the association, in at least
109	16-point bold type, by certified mail, within 20 days after the
110	association's vote. After such notice is provided to each owner,
111	a copy of such notice shall be provided by the current owner to
112	a new owner prior to closing and shall be provided by a unit
113	owner to a renter prior to signing a lease.
114	Section 3.  This act shall take effect upon becoming a law.
115
116	================= T I T L E  A M E N D M E N T =================
117	Remove the entire title, and insert:
118	A bill to be entitled
119	An act relating to the retrofitting of common areas of
120	condominiums and cooperatives with fire sprinkler systems;
121	amending ss. 718.112 and 719.1055, F.S.; revising
122	notification and voting procedures with respect to any
123	vote to forego retrofitting of the common areas of
124	condominiums and cooperatives with fire sprinkler systems;
125	providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.