Florida Senate - 2010                                    SB 1270
       By Senator Ring
       32-00138B-10                                          20101270__
    1                        A bill to be entitled                      
    2         An act relating to condominiums and multifamily
    3         dwellings; amending s. 633.0215, F.S.; providing an
    4         exemption, if certain conditions are met, from the
    5         requirement that certain condominiums install a manual
    6         fire alarm system as required in the Life Safety Code;
    7         amending s. 718.112, F.S.; prohibiting an authority
    8         having jurisdiction from requiring the completion of
    9         retrofitting of common areas with a sprinkler system
   10         before a specified date; providing that certain
   11         condominiums need not retrofit the inside of units
   12         with fire alarm systems or smoke-detection systems;
   13         creating s. 720.314, F.S.; defining the term “common
   14         area facilities” for specified purposes; authorizing a
   15         condominium or homeowners’ association to disallow the
   16         use of common area facilities by unit owners who are
   17         delinquent in the payment of association fees by more
   18         than a specified number of days; repealing s.
   19         553.509(2), F.S., relating to a requirement that
   20         public elevators capable of operating from an
   21         alternate power source be installed in certain
   22         multifamily dwellings or condominiums; providing an
   23         effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Subsection (13) is added to section 633.0215,
   28  Florida Statutes, to read:
   29         633.0215 Florida Fire Prevention Code.—
   30         (13)A condominium that is one or two stories in height and
   31  that has a corridor providing an exterior means of egress is
   32  exempt from the requirement to install a manual fire alarm
   33  system, as required in s. 9.6 of the most recent edition of the
   34  Life Safety Code adopted in the Florida Fire Prevention Code.
   35         Section 2. Paragraph (l) of subsection (2) of section
   36  718.112, Florida Statutes, is amended to read:
   37         718.112 Bylaws.—
   38         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
   39  following and, if they do not do so, shall be deemed to include
   40  the following:
   41         (l) Certificate of compliance.—There shall be a provision
   42  that a certificate of compliance from a licensed electrical
   43  contractor or electrician may be accepted by the association’s
   44  board as evidence of compliance of the condominium units with
   45  the applicable fire and life safety code. Notwithstanding the
   46  provisions of chapter 633 or of any other code, statute,
   47  ordinance, administrative rule, or regulation, or any
   48  interpretation of the foregoing, an association, condominium, or
   49  unit owner is not obligated to retrofit the common elements or
   50  units of a residential condominium with a fire sprinkler system
   51  or other engineered lifesafety system in a building that has
   52  been certified for occupancy by the applicable governmental
   53  entity, if the unit owners have voted to forego such
   54  retrofitting and engineered lifesafety system by the affirmative
   55  vote of two-thirds of all voting interests in the affected
   56  condominium. However, a condominium association may not vote to
   57  forego the retrofitting with a fire sprinkler system of common
   58  areas in a high-rise building. For purposes of this subsection,
   59  the term “high-rise building” means a building that is greater
   60  than 75 feet in height where the building height is measured
   61  from the lowest level of fire department access to the floor of
   62  the highest occupiable story. For purposes of this subsection,
   63  the term “common areas” means any enclosed hallway, corridor,
   64  lobby, stairwell, or entryway. In no event shall the local
   65  authority having jurisdiction require completion of retrofitting
   66  of common areas with a sprinkler system before the end of 2019
   67  2014. A condominium that has 1 1/2 hour or higher fire-rated
   68  walls and that is not a high-rise building need not retrofit the
   69  inside of units with fire alarm systems or smoke-detection
   70  systems.
   71         1. A vote to forego retrofitting may be obtained by limited
   72  proxy or by a ballot personally cast at a duly called membership
   73  meeting, or by execution of a written consent by the member, and
   74  shall be effective upon the recording of a certificate attesting
   75  to such vote in the public records of the county where the
   76  condominium is located. The association shall mail, hand
   77  deliver, or electronically transmit to each unit owner written
   78  notice at least 14 days prior to such membership meeting in
   79  which the vote to forego retrofitting of the required fire
   80  sprinkler system is to take place. Within 30 days after the
   81  association’s opt-out vote, notice of the results of the opt-out
   82  vote shall be mailed, hand delivered, or electronically
   83  transmitted to all unit owners. Evidence of compliance with this
   84  30-day notice shall be made by an affidavit executed by the
   85  person providing the notice and filed among the official records
   86  of the association. After such notice is provided to each owner,
   87  a copy of such notice shall be provided by the current owner to
   88  a new owner before prior to closing and shall be provided by a
   89  unit owner to a renter before prior to signing a lease.
   90         2. As part of the information collected annually from
   91  condominiums, the division shall require condominium
   92  associations to report the membership vote and recording of a
   93  certificate under this subsection and, if retrofitting has been
   94  undertaken, the per-unit cost of such work. The division shall
   95  annually report to the Division of State Fire Marshal of the
   96  Department of Financial Services the number of condominiums that
   97  have elected to forego retrofitting.
   98         Section 3. Section 720.314, Florida Statutes, is created to
   99  read:
  100         720.314Common area facilities; restriction of use.—
  101         (1) For purposes of this section, the term “common area
  102  facilities” includes, but is not limited to, any clubhouse,
  103  entertainment facility, exercise facility, swimming pool, tennis
  104  court, or other recreation area owned or maintained by a
  105  homeowners’ or condominium association and provided for use by
  106  dues-paying members of such association.
  107         (2) A condominium association or homeowners’ association
  108  may disallow the use of common area facilities by unit owners
  109  who are delinquent in the payment of association fees by more
  110  than 90 days.
  111         Section 4. Subsection (2) of section 553.509, Florida
  112  Statutes, is repealed.
  113         Section 5. This act shall take effect July 1, 2010.