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