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.

10  

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

12  

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

                                  1

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.

                                  2

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.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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