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Senator Villalobos moved the following amendment:

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     Senate Amendment

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     Delete line(s) 1720-1734

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and insert:

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     (g) Based upon advice of emergency management officials or

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upon the advice of licensed professionals retained by the board,

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determine any portion of the condominium property unavailable for

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entry or occupancy by unit owners, family members, tenants,

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guests, agents, or invitees to protect the health, safety, or

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welfare of such persons.

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     (h) Require the evacuation of the condominium property in

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the event of a mandatory evacuation order in the locale in which

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the condominium is located. Should any unit owner or other

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occupant of a condominium fail or refuse to evacuate the

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condominium property where the board has required evacuation, the

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association shall be immune from liability or injury to persons

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or property arising from such failure or refusal.

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     (i) Based upon advice of emergency management officials or

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upon the advice of licensed professionals retained by the board,

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determine whether the condominium property can be safely

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inhabited or occupied. However, such determination is not

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conclusive as to any determination of habitability pursuant to

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the declaration.

4/21/2008  5:03:00 PM     38-08173-08