HB 0747 2004
1	A bill to be entitled
2	An act relating to retrofitting of common areas of
3	condominiums and cooperatives with fire sprinkler systems;
4	amending ss. 718.112 and 719.1055, F.S.; revising
5	notification and voting procedures with respect to any
6	vote to forego retrofitting of the common areas of
7	condominiums and cooperatives with fire sprinkler systems;
8	providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Paragraph (l) of subsection (2) of section
13	718.112, Florida Statutes, is amended to read:
14	718.112 Bylaws.--
15	(2) REQUIRED PROVISIONS.--The bylaws shall provide for the
16	following and, if they do not do so, shall be deemed to include
17	the following:
18	(l) Certificate of compliance.--There shall be a provision
19	that a certificate of compliance from a licensed electrical
20	contractor or electrician may be accepted by the association's
21	board as evidence of compliance of the condominium units with
22	the applicable fire and life safety code. Notwithstanding the
23	provisions of chapter 633 or of any other code, statute,
24	ordinance, administrative rule, or regulation, or any
25	interpretation of the foregoing, an association, condominium, or
26	unit owner is not obligated to retrofit the common elements or
27	units of a residential condominium with a fire sprinkler system
28	or other engineered lifesafety system in a building that has
29	been certified for occupancy by the applicable governmental
30	entity, if the unit owners have voted to forego such
31	retrofitting and engineered lifesafety system by the affirmative
32	vote of two-thirds of all voting interests in the affected
33	condominium. However, a condominium association may not vote to
34	forego the retrofitting with a fire sprinkler system of common
35	areas in a high-rise building. For purposes of this subsection,
36	the term "high-rise building" means a building that is greater
37	than 75 feet in height where the building height is measured
38	from the lowest level of fire department access to the floor of
39	the highest occupiable story. For purposes of this subsection,
40	the term "common areas" means any enclosed hallway, corridor,
41	lobby, stairwell, or entryway. In no event shall the local
42	authority having jurisdiction require completion of retrofitting
43	of common areas with a sprinkler system before the end of 2014.
44	1. A vote to forego retrofitting may not be obtained by
45	general proxy or limited proxy or by a ballot, but shall be
46	obtained by a votepersonally cast at a duly called membership
47	meeting, or by execution of a written consent by the member, and
48	shall be effective upon the recording of a certificate attesting
49	to such vote in the public records of the county where the
50	condominium is located. The association shall mail, hand
51	deliver, or electronically transmit to provideeach unit owner
52	written notice at least 14 days prior to such membership meeting
53	in which ofthe vote to forego retrofitting of the required fire
54	sprinkler system is to take place, in at least 16-point bold
55	type, by certified mail, within 20 days after the association's
56	vote. After such notice is provided to each owner, a copy of
57	such notice shall be provided by the current owner to a new
58	owner prior to closing and shall be provided by a unit owner to
59	a renter prior to signing a lease.
60	2. As part of the information collected annually from
61	condominiums, the division shall require condominium
62	associations to report the membership vote and recording of a
63	certificate under this subsection and, if retrofitting has been
64	undertaken, the per-unit cost of such work. The division shall
65	annually report to the Division of State Fire Marshal of the
66	Department of Financial Services the number of condominiums that
67	have elected to forego retrofitting.
68	Section 2. Paragraph (a) of subsection (5) of section
69	719.1055, Florida Statutes, is amended to read:
70	719.1055 Amendment of cooperative documents; alteration
71	and acquisition of property.--
72	(5) Notwithstanding the provisions of chapter 633 or of
73	any other code, statute, ordinance, administrative rule, or
74	regulation, or any interpretation of the foregoing, a
75	cooperative or unit owner is not obligated to retrofit the
76	common elements or units of a residential cooperative with a
77	fire sprinkler system or other engineered life safety system in
78	a building that has been certified for occupancy by the
79	applicable governmental entity, if the unit owners have voted to
80	forego such retrofitting and engineered life safety system by
81	the affirmative vote of two-thirds of all voting interests in
82	the affected cooperative. However, a cooperative may not forego
83	the retrofitting with a fire sprinkler system of common areas in
84	a high-rise building. For purposes of this subsection, the term
85	"high-rise building" means a building that is greater than 75
86	feet in height where the building height is measured from the
87	lowest level of fire department access to the floor of the
88	highest occupiable story. For purposes of this subsection, the
89	term "common areas" means any enclosed hallway, corridor, lobby,
90	stairwell, or entryway. In no event shall the local authority
91	having jurisdiction require completion of retrofitting of common
92	areas with a sprinkler system before the end of 2014.
93	(a) A vote to forego retrofitting may not be obtained by
94	general proxy or limited proxy or by a ballot, but shall be
95	obtained by a votepersonally cast at a duly called membership
96	meeting, or by execution of a written consent by the member, and
97	shall be effective upon the recording of a certificate attesting
98	to such vote in the public records of the county where the
99	cooperative is located. The association shall mail, hand
100	deliver, or electronically transmit to provideeach unit owner
101	written notice at least 14 days prior to such membership meeting
102	in which ofthe vote to forego retrofitting of the required fire
103	sprinkler system is to take place, in at least 16-point bold
104	type, by certified mail, within 20 days after the association's
105	vote. After such notice is provided to each owner, a copy of
106	such notice shall be provided by the current owner to a new
107	owner prior to closing and shall be provided by a unit owner to
108	a renter prior to signing a lease.
109	Section 3. This act shall take effect upon becoming a law.