Florida Senate - 2009                                     SB 664
       
       
       
       By Senator Sobel
       
       
       
       
       31-00814A-09                                           2009664__
    1                        A bill to be entitled                      
    2         An act relating to condominiums; amending s. 718.1085,
    3         F.S.; extending until 2016 a provision prohibiting
    4         local authorities having jurisdiction from requiring
    5         the retrofitting of condominium common areas with
    6         handrails and guardrails; providing an effective date.
    7         
    8  Be It Enacted by the Legislature of the State of Florida:
    9         
   10         Section 1. Section 718.1085, Florida Statutes, is amended
   11  to read:
   12         718.1085 Certain regulations not to be retroactively
   13  applied.—Notwithstanding the provisions of chapter 633 or of any
   14  other code, statute, ordinance, administrative rule, or
   15  regulation, or any interpretation thereof, an association,
   16  condominium, or unit owner is not obligated to retrofit the
   17  common elements or units of a residential condominium that meets
   18  the definition of “housing for older persons” in s.
   19  760.29(4)(b)3. to comply with requirements relating to handrails
   20  and guardrails if the unit owners have voted to forego such
   21  retrofitting by the affirmative vote of two-thirds of all voting
   22  interests in the affected condominium. However, a condominium
   23  association may not vote to forego the retrofitting in common
   24  areas in a high-rise building. For the purposes of this section,
   25  the term “high-rise building” means a building that is greater
   26  than 75 feet in height where the building height is measured
   27  from the lowest level of fire department access to the floor of
   28  the highest occupiable level. For the purposes of this section,
   29  the term “common areas” means stairwells and exposed, outdoor
   30  walkways and corridors. In no event shall the local authority
   31  having jurisdiction require retrofitting of common areas with
   32  handrails and guardrails before the end of 2016 2014.
   33         (1) A vote to forego retrofitting may not be obtained by
   34  general proxy or limited proxy, but shall be obtained by a vote
   35  personally cast at a duly called membership meeting, or by
   36  execution of a written consent by the member, and shall be
   37  effective upon the recording of a certificate attesting to such
   38  vote in the public records of the county where the condominium
   39  is located. The association shall provide each unit owner
   40  written notice of the vote to forego retrofitting of the
   41  required handrails or guardrails, or both, in at least 16-point
   42  bold type, by certified mail, within 20 days after the
   43  association's vote. After such notice is provided to each owner,
   44  a copy of such notice shall be provided by the current owner to
   45  a new owner prior to closing and shall be provided by a unit
   46  owner to a renter prior to signing a lease.
   47         (2) As part of the information collected annually from
   48  condominiums, the division shall require condominium
   49  associations to report the membership vote and recording of a
   50  certificate under this subsection and, if retrofitting has been
   51  undertaken, the per-unit cost of such work. The division shall
   52  annually report to the Division of State Fire Marshal of the
   53  Department of Financial Services the number of condominiums that
   54  have elected to forego retrofitting.
   55         Section 2. This act shall take effect July 1, 2009.