Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1393, 1st Eng.
       
       
       
       
       
       
                                Ì205906.Î205906                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/29/2019 02:01 PM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1246 and 1247
    4  insert:
    5         Section 42. Paragraph (l) of subsection (2) of section
    6  718.112, Florida Statutes, is amended to read:
    7         718.112 Bylaws.—
    8         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
    9  following and, if they do not do so, shall be deemed to include
   10  the following:
   11         (l) Firesafety.—An association must ensure reasonable
   12  compliance with the Florida Fire Prevention Code. For purposes
   13  of this paragraph, the term “reasonable compliance” means the
   14  ability to select an alternative solution to ensure that the
   15  property meets the level of fire safety required by the Florida
   16  Fire Prevention Code. As to a residential condominium building
   17  that is a high-rise building as defined under the Florida Fire
   18  Prevention Code, the association may either retrofit a fire
   19  sprinkler system or an engineered life safety system as
   20  specified in the Florida Fire Prevention Code Certificate of
   21  compliance.—A provision that a certificate of compliance from a
   22  licensed electrical contractor or electrician may be accepted by
   23  the association’s board as evidence of compliance of the
   24  condominium units with the applicable fire and life safety code
   25  must be included. Notwithstanding chapter 633 or of any other
   26  code, statute, ordinance, administrative rule, or regulation, or
   27  any interpretation of the foregoing, an association, residential
   28  condominium, or unit owner is not obligated to retrofit the
   29  common elements, association property, or units of a residential
   30  condominium with a fire sprinkler system in a building that has
   31  been certified for occupancy by the applicable governmental
   32  entity if the unit owners have voted to forego such retrofitting
   33  by the affirmative vote of two-thirds a majority of all voting
   34  interests in the affected condominium. The local authority
   35  having jurisdiction may not require completion of retrofitting
   36  with a fire sprinkler system or an engineered life safety system
   37  before January 1, 2024 2020. By December 31, 2016, a residential
   38  condominium association that is not in compliance with the
   39  requirements for a fire sprinkler system and has not voted to
   40  forego retrofitting of such a system must initiate an
   41  application for a building permit for the required installation
   42  with the local government having jurisdiction demonstrating that
   43  the association will become compliant by December 31, 2019.
   44         1. A vote to forego retrofitting may be obtained by limited
   45  proxy or by a ballot personally cast at a duly called membership
   46  meeting, or by execution of a written consent by the member, and
   47  is effective upon recording a certificate attesting to such vote
   48  in the public records of the county where the condominium is
   49  located. The association shall mail or hand deliver to each unit
   50  owner written notice at least 14 days before the membership
   51  meeting in which the vote to forego retrofitting of the required
   52  fire sprinkler system is to take place. Within 30 days after the
   53  association’s opt-out vote, notice of the results of the opt-out
   54  vote must be mailed or hand delivered to all unit owners.
   55  Evidence of compliance with this notice requirement must be made
   56  by affidavit executed by the person providing the notice and
   57  filed among the official records of the association. After
   58  notice is provided to each owner, a copy must be provided by the
   59  current owner to a new owner before closing and by a unit owner
   60  to a renter before signing a lease.
   61         2. If there has been a previous vote to forego
   62  retrofitting, a vote to require retrofitting may be obtained at
   63  a special meeting of the unit owners called by a petition of at
   64  least 10 percent of the voting interests. Such a vote may only
   65  be called once every 3 years. Notice shall be provided as
   66  required for any regularly called meeting of the unit owners,
   67  and must state the purpose of the meeting. Electronic
   68  transmission may not be used to provide notice of a meeting
   69  called in whole or in part for this purpose.
   70         3. As part of the information collected annually from
   71  condominiums, the division shall require condominium
   72  associations to report the membership vote and recording of a
   73  certificate under this subsection and, if retrofitting has been
   74  undertaken, the per-unit cost of such work. The division shall
   75  annually report to the Division of State Fire Marshal of the
   76  Department of Financial Services the number of condominiums that
   77  have elected to forego retrofitting.
   78         4. Notwithstanding s. 553.509, a residential association
   79  may not be obligated to, and may forego the retrofitting of, any
   80  improvements required by s. 553.509(2) upon an affirmative vote
   81  of a majority of the voting interests in the affected
   82  condominium.
   83         5.This paragraph does not apply to timeshare condominium
   84  associations, which shall be governed by s. 721.24.
   85         Section 43. Section 718.1085, Florida Statutes, is amended
   86  to read:
   87         718.1085 Certain regulations not to be retroactively
   88  applied.—Notwithstanding the provisions of chapter 633 or of any
   89  other code, statute, ordinance, administrative rule, or
   90  regulation, or any interpretation thereof, an association,
   91  condominium, or unit owner is not obligated to retrofit the
   92  common elements or units of a residential condominium that meets
   93  the definition of “housing for older persons” in s.
   94  760.29(4)(b)3. to comply with requirements relating to handrails
   95  and guardrails if the unit owners have voted to forego such
   96  retrofitting by the affirmative vote of two-thirds of all voting
   97  interests in the affected condominium. However, a condominium
   98  association may not vote to forego the retrofitting in common
   99  areas in a high-rise building. For the purposes of this section,
  100  the term “high-rise building” means a building that is greater
  101  than 75 feet in height where the building height is measured
  102  from the lowest level of fire department access to the floor of
  103  the highest occupiable level. For the purposes of this section,
  104  the term “common areas” means stairwells and exposed, outdoor
  105  walkways and corridors, but does not include individual
  106  balconies. In no event shall the local authority having
  107  jurisdiction require retrofitting of common areas with handrails
  108  and guardrails before the end of 2014.
  109         (1) A vote to forego retrofitting may not be obtained by
  110  general proxy or limited proxy, but shall be obtained by a vote
  111  personally cast at a duly called membership meeting, or by
  112  execution of a written consent by the member, and shall be
  113  effective upon the recording of a certificate attesting to such
  114  vote in the public records of the county where the condominium
  115  is located. The association shall provide each unit owner
  116  written notice of the vote to forego retrofitting of the
  117  required handrails or guardrails, or both, in at least 16-point
  118  bold type, by certified mail, within 20 days after the
  119  association’s vote. After such notice is provided to each owner,
  120  a copy of such notice shall be provided by the current owner to
  121  a new owner prior to closing and shall be provided by a unit
  122  owner to a renter prior to signing a lease.
  123         (2) As part of the information collected annually from
  124  condominiums, the division shall require condominium
  125  associations to report the membership vote and recording of a
  126  certificate under this subsection and, if retrofitting has been
  127  undertaken, the per-unit cost of such work. The division shall
  128  annually report to the Division of State Fire Marshal of the
  129  Department of Financial Services the number of condominiums that
  130  have elected to forego retrofitting.
  131  
  132  ================= T I T L E  A M E N D M E N T ================
  133  And the title is amended as follows:
  134         Delete line 111
  135  and insert:
  136         references; amending s. 718.112, F.S.; requiring
  137         condominium associations to ensure reasonable
  138         compliance with the Florida Fire Prevention Code;
  139         defining the term “reasonable compliance”; providing
  140         that an association may retrofit certain high-rise
  141         buildings with either a fire sprinkler system or an
  142         engineered life safety system as specified in the
  143         code; deleting a requirement for association bylaws to
  144         include a provision relating to certain certificates
  145         of compliance; revising the threshold of condominium
  146         unit owners voting to forego retrofitting for
  147         associations, residential condominiums, and unit
  148         owners to be exempted from retrofitting requirements;
  149         extending and specifying the date before which local
  150         authorities having jurisdiction may not require
  151         completion of retrofitting a fire sprinkler system or
  152         a engineered life safety system, respectively;
  153         deleting an obsolete provision; providing
  154         applicability; amending s. 718.1085, F.S.; revising
  155         the definition of the term “common areas” to exclude
  156         individual balconies; providing legislative findings;