Senate Bill sb1938
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1938
By Senator Geller
31-1516-04 See HB 747
1 A bill to be entitled
2 An act relating to retrofitting of common areas
3 of condominiums and cooperatives with fire
4 sprinkler systems; amending ss. 718.112 and
5 719.1055, F.S.; revising notification and
6 voting procedures with respect to any vote to
7 forego retrofitting of the common areas of
8 condominiums and cooperatives with fire
9 sprinkler systems; providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Paragraph (l) of subsection (2) of section
14 718.112, Florida Statutes, is amended to read:
15 718.112 Bylaws.--
16 (2) REQUIRED PROVISIONS.--The bylaws shall provide for
17 the following and, if they do not do so, shall be deemed to
18 include the following:
19 (l) Certificate of compliance.--There shall be a
20 provision that a certificate of compliance from a licensed
21 electrical contractor or electrician may be accepted by the
22 association's board as evidence of compliance of the
23 condominium units with the applicable fire and life safety
24 code. Notwithstanding the provisions of chapter 633 or of any
25 other code, statute, ordinance, administrative rule, or
26 regulation, or any interpretation of the foregoing, an
27 association, condominium, or unit owner is not obligated to
28 retrofit the common elements or units of a residential
29 condominium with a fire sprinkler system or other engineered
30 lifesafety system in a building that has been certified for
31 occupancy by the applicable governmental entity, if the unit
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1938
31-1516-04 See HB 747
1 owners have voted to forego such retrofitting and engineered
2 lifesafety system by the affirmative vote of two-thirds of all
3 voting interests in the affected condominium. However, a
4 condominium association may not vote to forego the
5 retrofitting with a fire sprinkler system of common areas in a
6 high-rise building. For purposes of this subsection, the term
7 "high-rise building" means a building that is greater than 75
8 feet in height where the building height is measured from the
9 lowest level of fire department access to the floor of the
10 highest occupiable story. For purposes of this subsection, the
11 term "common areas" means any enclosed hallway, corridor,
12 lobby, stairwell, or entryway. In no event shall the local
13 authority having jurisdiction require completion of
14 retrofitting of common areas with a sprinkler system before
15 the end of 2014.
16 1. A vote to forego retrofitting may not be obtained
17 by general proxy or limited proxy or by a ballot, but shall be
18 obtained by a vote personally cast at a duly called membership
19 meeting, or by execution of a written consent by the member,
20 and shall be effective upon the recording of a certificate
21 attesting to such vote in the public records of the county
22 where the condominium is located. The association shall mail,
23 hand deliver, or electronically transmit to provide each unit
24 owner written notice at least 14 days prior to such membership
25 meeting in which of the vote to forego retrofitting of the
26 required fire sprinkler system is to take place, in at least
27 16-point bold type, by certified mail, within 20 days after
28 the association's vote. After such notice is provided to each
29 owner, a copy of such notice shall be provided by the current
30 owner to a new owner prior to closing and shall be provided by
31 a unit owner to a renter prior to signing a lease.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1938
31-1516-04 See HB 747
1 2. As part of the information collected annually from
2 condominiums, the division shall require condominium
3 associations to report the membership vote and recording of a
4 certificate under this subsection and, if retrofitting has
5 been undertaken, the per-unit cost of such work. The division
6 shall annually report to the Division of State Fire Marshal of
7 the Department of Financial Services the number of
8 condominiums that have elected to forego retrofitting.
9 Section 2. Paragraph (a) of subsection (5) of section
10 719.1055, Florida Statutes, is amended to read:
11 719.1055 Amendment of cooperative documents;
12 alteration and acquisition of property.--
13 (5) Notwithstanding the provisions of chapter 633 or
14 of any other code, statute, ordinance, administrative rule, or
15 regulation, or any interpretation of the foregoing, a
16 cooperative or unit owner is not obligated to retrofit the
17 common elements or units of a residential cooperative with a
18 fire sprinkler system or other engineered life safety system
19 in a building that has been certified for occupancy by the
20 applicable governmental entity, if the unit owners have voted
21 to forego such retrofitting and engineered life safety system
22 by the affirmative vote of two-thirds of all voting interests
23 in the affected cooperative. However, a cooperative may not
24 forego the retrofitting with a fire sprinkler system of common
25 areas in a high-rise building. For purposes of this
26 subsection, the term "high-rise building" means a building
27 that is greater than 75 feet in height where the building
28 height is measured from the lowest level of fire department
29 access to the floor of the highest occupiable story. For
30 purposes of this subsection, the term "common areas" means any
31 enclosed hallway, corridor, lobby, stairwell, or entryway. In
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1938
31-1516-04 See HB 747
1 no event shall the local authority having jurisdiction require
2 completion of retrofitting of common areas with a sprinkler
3 system before the end of 2014.
4 (a) A vote to forego retrofitting may not be obtained
5 by general proxy or limited proxy or by a ballot, but shall be
6 obtained by a vote personally cast at a duly called membership
7 meeting, or by execution of a written consent by the member,
8 and shall be effective upon the recording of a certificate
9 attesting to such vote in the public records of the county
10 where the cooperative is located. The association shall mail,
11 hand deliver, or electronically transmit to provide each unit
12 owner written notice at least 14 days prior to such membership
13 meeting in which of the vote to forego retrofitting of the
14 required fire sprinkler system is to take place, in at least
15 16-point bold type, by certified mail, within 20 days after
16 the association's vote. After such notice is provided to each
17 owner, a copy of such notice shall be provided by the current
18 owner to a new owner prior to closing and shall be provided by
19 a unit owner to a renter prior to signing a lease.
20 Section 3. This act shall take effect upon becoming a
21 law.
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