HOUSE AMENDMENT Bill No. HB 695 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Goodlette offered the following:
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14	Amendment (with title amendment)
15	Remove line(s) 945-964, and insert:
16	(l) Certificate of compliance.--There shall be a provision
17	that a certificate of compliance from a licensed electrical
18	contractor or electrician may be accepted by the association's
19	board as evidence of compliance of the condominium units withto
20	the applicable fire and life safety code. Notwithstanding the
21	provisions of chapter 633 or any other code, statute, ordinance,
22	administrative rule, or regulation, or any interpretation of the
23	foregoing, an association, condominium, or unit owner is not
24	obligated to retrofit the common elements or units of a
25	residential condominium with a fire sprinkler system or other
26	engineered life safety system in a building that has been
27	certified for occupancy by the applicable governmental entity,
28	if the unit owners have voted to forego such retrofitting and
29	engineered life safety system by the affirmative vote of two-
30	thirds of all voting interests in the affected condominium.
31	However, a condominium association may not vote to forego the
32	retrofitting with a fire sprinkler system of common areas in a
33	high-rise building. For purposes of this subsection, the term
34	"high-rise building" means a building that is greater than 75
35	feet in height where the building height is measured from the
36	lowest level of fire department access to the floor of the
37	highest occupiable story. For purposes of this subsection, the
38	term "common areas" means any enclosed hallway, corridor, lobby,
39	stairwell, or entryway. In no event shall the local authority
40	having jurisdiction require completion of retrofitting of common
41	areas with a sprinkler system before the end of 2014.
42	1. A vote to forego retrofitting may not be obtained by
43	general proxy or limited proxy, but shall be obtained by a vote
44	personally cast at a duly called membership meeting, or by
45	execution of a written consent by the member, and shall be
46	effective upon the recording of a certificate attesting to such
47	vote in the public records of the county where the condominium
48	is located. The association shall provide each unit owner
49	written notice of the vote to forego retrofitting of the
50	required fire sprinkler system, in at least 16-point bold type,
51	by certified mail, within 20 days after the association's vote.
52	After such notice is provided to each owner, a copy of such
53	notice shall be provided by the current owner to a new owner
54	prior to closing and shall be provided by a unit owner to a
55	renter prior to signing a lease.
56	2. As part of the information collected annually from
57	condominiums, the division shall require condominium
58	associations to report the membership vote and recording of a
59	certificate under this subsection and, if retrofitting has been
60	undertaken, the per-unit cost of such work. The division shall
61	annually report to the Division of State Fire Marshal of the
62	Department of Financial Services the number of condominiums that
63	have elected to forego retrofitting.
64	(3) OPTIONAL PROVISIONS.--The bylaws as originally
65	recorded or as amended under the procedures provided therein may
66	provide for the following:
67	(a) A method of adopting and amending administrative rules
68	and regulations governing the details of the operation and use
69	of the common elements.
70	(b) Restrictions on and requirements for the use,
71	maintenance, and appearance of the units and the use of the
72	common elements.
73	(c) Provisions for giving notice by electronic
74	transmission in a manner authorized by law of meetings of the
75	board of directors and committees and of annual and special
76	meetings of the members.
77	(d)(c)Other provisions which are not inconsistent with
78	this chapter or with the declaration, as may be desired.
79	Section 7. Subsection (5) is added to section 719.1055,
80	Florida Statutes, to read:
81	719.1055 Amendment of cooperative documents; alteration
82	and acquisition of property.--
83	(5) Notwithstanding the provisions of chapter 633 or any
84	other code statute, ordinance, administrative rule, or
85	regulation, or any interpretation of the foregoing, a
86	cooperative or unit owner is not obligated to retrofit the
87	common elements or units of a residential cooperative with a
88	fire sprinkler system or other engineered life safety system in
89	a building that has been certified for occupancy by the
90	applicable governmental entity, if the unit owners have voted to
91	forego such retrofitting and engineered life safety system by
92	the affirmative vote of two-thirds of all voting interests in
93	the affected cooperative. However, a cooperative may not forego
94	the retrofitting with a fire sprinkler system of common areas in
95	a high-rise building. For purposes of this subsection, the term
96	"high-rise building" means a building that is greater than 75
97	feet in height where the building height is measured from the
98	lowest level of fire department access to the floor of the
99	highest occupiable story. For purposes of this subsection, the
100	term "common areas" means any enclosed hallway, corridor, lobby,
101	stairwell, or entryway. In no event shall the local authority
102	having jurisdiction require completion of retrofitting of common
103	areas with a sprinkler system before the end of 2014.
104	(a) A vote to forego retrofitting may not be obtained by
105	general proxy or limited proxy, but shall be obtained by a vote
106	personally cast at a duly called membership meeting, or by
107	execution of a written consent by the member, and shall be
108	effective upon the recording of a certificate attesting to such
109	vote in the public records of the county where the cooperative
110	is located. The association shall provide each unit owner
111	written notice of the vote to forego retrofitting of the
112	required fire sprinkler system, in at least 16-point bold type,
113	by certified mail, within 20 days after the association's vote.
114	After such notice is provided to each owner, a copy of such
115	notice shall be provided by the current owner to a new owner
116	prior to closing and shall be provided by a unit owner to a
117	renter prior to signing a lease.
118	(b) As part of the information collected annually from
119	cooperatives, the division shall require associations to report
120	the membership vote and recording of a certificate under this
121	subsection and, if retrofitting has been undertaken, the per-
122	unit cost of such work. The division shall annually report to
123	the Division of State Fire Marshal of the Department of
124	Financial Services the number of cooperatives that have elected
125	to forego retrofitting.
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128	================= T I T L E A M E N D M E N T =================
129	Remove line(s) 45-46, and insert:
130	exempting certain condominiums, associations, or unit
131	owners from specified retrofitting requirements pertaining
132	to fire safety systems; requiring a report; providing for
133	a vote of the unit owners; requiring the division to
134	report to the Division of State Fire Marshal of the
135	Department of Financial Services the number of
136	condominiums that have elected to forego the retrofitting;
137	providing for association bylaws to authorize the
138	electronic transmission of notices; amending s. 719.1055,
139	F.S.; exempting certain cooperatives and unit owners from
140	specified retrofitting requirements pertaining to fire
141	safety; providing for a vote of the unit owners; requiring
142	the division to report to the Division of State Fire
143	Marshal of the Department of Financial Services the number
144	of cooperatives that have elected to forego retrofitting;
145	amending s. 718.116,