Florida Senate - 2019                                    SB 1732
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00705-19                                           20191732__
    1                        A bill to be entitled                      
    2         An act relating to community association safety
    3         systems; creating s. 633.2225, F.S.; requiring certain
    4         condominium or cooperative associations to post
    5         certain signs or symbols on buildings; requiring the
    6         State Fire Marshal to ensure that such signs or
    7         symbols do not diminish the aesthetic value of
    8         buildings to which they are affixed and to adopt
    9         rules; requiring the State Fire Marshal and local fire
   10         officials to enforce the requirement; providing
   11         penalties for noncompliance; amending ss. 718.112 and
   12         719.1055, F.S.; providing that a certificate of
   13         compliance from a licensed professional engineer may
   14         be accepted as evidence of compliance with certain
   15         codes; revising the requirements for retrofitting
   16         units, association property, and common elements;
   17         revising provisions relating to an association vote to
   18         forego retrofitting; providing that a failure to
   19         provide timely notice to unit owners does not
   20         invalidate certain votes under certain circumstances;
   21         providing that the failure to report a membership vote
   22         or the recording of a certification to the Division of
   23         Corporations of the Department of Business and
   24         Professional Regulation does not invalidate an
   25         otherwise valid opt-out vote; prohibiting the local
   26         authority having jurisdiction from requiring
   27         completion of a retrofitting with certain systems
   28         before a specified date; requiring certain
   29         associations to initiate an application for certain
   30         building permits by a specified date; providing an
   31         effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 633.2225, Florida Statutes, is created
   36  to read:
   37         633.2225Condominium and cooperative buildings without fire
   38  sprinkler systems; notice requirements; enforcement.—
   39         (1)The board of a condominium or cooperative association
   40  that operates a building of three stories or more which has not
   41  installed a fire sprinkler system in the common areas of the
   42  building shall mark the building with a sign or symbol approved
   43  by the State Fire Marshal in a manner sufficient to warn persons
   44  conducting fire control and other emergency operations of the
   45  lack of a fire sprinkler system in the common areas.
   46         (2)The State Fire Marshal shall:
   47         (a)Ensure that the dimensions and placement of the sign or
   48  symbol do not diminish the aesthetic value of the building; and
   49         (b)Adopt rules necessary to implement this section,
   50  including, but not limited to, rules specifying:
   51         1.The dimensions and color of such sign or symbol.
   52         2.The timeframe within which the condominium or
   53  cooperative buildings without fire sprinkler systems must be
   54  marked as required by this section.
   55         3.The location on each condominium or cooperative building
   56  without a fire sprinkler system where such sign or symbol must
   57  be posted.
   58         (3)The State Fire Marshal and local fire officials, as
   59  specified in s. 633.118, shall enforce this section. An
   60  association that fails to comply with this section is subject to
   61  penalties as provided in s. 633.228.
   62         Section 2. Paragraph (l) of subsection (2) of section
   63  718.112, Florida Statutes, is amended to read:
   64         718.112 Bylaws.—
   65         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
   66  following and, if they do not do so, shall be deemed to include
   67  the following:
   68         (l) Certificate of compliance.—A provision that a
   69  certificate of compliance from a licensed electrical contractor,
   70  or electrician, or professional engineer may be accepted by the
   71  association’s board as evidence of compliance of the condominium
   72  units with the applicable fire and life safety code must be
   73  included.
   74         1. Notwithstanding chapter 633 or of any other code,
   75  statute, ordinance, administrative rule, or regulation, or any
   76  interpretation of the foregoing, an association, residential
   77  condominium, or a unit owner in a building that is 75 feet or
   78  less in height is not obligated to retrofit the common elements,
   79  association property, or units of a residential condominium with
   80  a fire sprinkler system or other engineered life safety system
   81  in a building that.
   82         2. An association or a unit owner is not obligated to
   83  retrofit a building greater than 75 feet in height has been
   84  certified for occupancy by the applicable governmental entity if
   85  the unit owners have opted to hold a vote and have voted to
   86  forego such retrofitting by the affirmative vote of two-thirds a
   87  majority of all voting interests in the affected condominium.
   88  For the purposes of subparagraph 1. and this subparagraph, the
   89  height of the building is determined by measuring the distance
   90  from the lowest level of fire department vehicle access to the
   91  floor of the highest occupiable story The local authority having
   92  jurisdiction may not require completion of retrofitting with a
   93  fire sprinkler system before January 1, 2020. By December 31,
   94  2016, a residential condominium association that is not in
   95  compliance with the requirements for a fire sprinkler system and
   96  has not voted to forego retrofitting of such a system must
   97  initiate an application for a building permit for the required
   98  installation with the local government having jurisdiction
   99  demonstrating that the association will become compliant by
  100  December 31, 2019.
  101         3.1. A vote to forego required retrofitting may be obtained
  102  by limited proxy or by a ballot personally cast at a duly called
  103  membership meeting, or by execution of a written consent by the
  104  member, or by electronic voting, and is effective upon the
  105  recording of a certificate executed by an officer or agent of
  106  the association attesting to such vote in the public records of
  107  the county where the condominium is located. When an opt-out
  108  vote is to be conducted at a meeting, the association shall mail
  109  or hand deliver to each unit owner written notice at least 14
  110  days before the membership meeting in which the vote to forego
  111  retrofitting of the required fire sprinkler system or other
  112  engineered life safety system is to take place. Within 30 days
  113  after the association’s opt-out vote, notice of the results of
  114  the opt-out vote must be mailed or hand delivered to all unit
  115  owners. Evidence of compliance with this notice requirement must
  116  be made by affidavit executed by the person providing the notice
  117  and filed among the official records of the association. Failure
  118  to provide timely notice to unit owners does not invalidate an
  119  otherwise valid opt-out vote if notice of the results is
  120  provided to the owners. After notice is provided to each owner,
  121  a copy must be provided by the current owner to a new owner
  122  before closing and by a unit owner to a renter before signing a
  123  lease.
  124         4.2. If there has been a previous vote to forego
  125  retrofitting, a subsequent vote to require retrofitting may be
  126  conducted obtained at a special meeting of the unit owners
  127  called by a petition of at least 10 percent of the voting
  128  interests or by a majority of the board of directors. A vote to
  129  retrofit requires the approval of two-thirds of all voting
  130  interests in the affected condominium. Such a vote may only be
  131  called once every 3 years. Notice shall be provided as required
  132  for any regularly called meeting of the unit owners, and must
  133  state the purpose of the meeting. Electronic transmission may
  134  not be used to provide notice of a meeting called in whole or in
  135  part for this purpose.
  136         5.3. As part of the information collected annually from
  137  condominiums, the division shall require condominium
  138  associations to report any the membership vote and recording of
  139  a certificate under this subsection and, if retrofitting has
  140  been undertaken, the per-unit cost of such work. The division
  141  shall annually report to the Division of State Fire Marshal of
  142  the Department of Financial Services the number of condominiums
  143  that have elected to forego retrofitting. Failure to report a
  144  membership vote or the recording of a certificate does not
  145  invalidate an otherwise valid opt-out vote.
  146         6.4. Notwithstanding s. 553.509, a residential association
  147  may not be obligated to, and may forego the retrofitting of, any
  148  improvements required by s. 553.509(2) upon an affirmative vote
  149  of a majority of the voting interests in the affected
  150  condominium.
  151         7. The local authority having jurisdiction may not require
  152  completion of retrofitting with a fire sprinkler system or other
  153  engineered life safety system before January 1, 2023. By
  154  December 31, 2020, an association that operates a residential
  155  condominium that is not in compliance with the requirements for
  156  a fire sprinkler system or other engineered life safety system
  157  and has not voted to forego retrofitting of such a system shall
  158  initiate an application for a building permit for the required
  159  installation with the local government having jurisdiction which
  160  demonstrates that the association will become compliant by
  161  December 31, 2022.
  162  
  163  This paragraph does not apply to timeshare condominium
  164  associations.
  165         Section 3. Subsection (5) of section 719.1055, Florida
  166  Statutes, is amended to read:
  167         719.1055 Amendment of cooperative documents; alteration and
  168  acquisition of property.—
  169         (5) The bylaws must include a provision whereby a
  170  certificate of compliance from a licensed electrical contractor,
  171  or electrician, or professional engineer may be accepted by the
  172  association’s board as evidence of compliance of the cooperative
  173  units with the applicable fire and life safety code.
  174         (a)1. Notwithstanding chapter 633 or any other code,
  175  statute, ordinance, administrative rule, or regulation, or any
  176  interpretation of the foregoing, an association a cooperative or
  177  a unit owner in a building that is 75 feet or less in height is
  178  not obligated to retrofit the common elements or units of a
  179  residential cooperative with a fire sprinkler system or other
  180  engineered life safety system.
  181         2. An association or a unit owner is not obligated to
  182  retrofit a building greater than 75 feet in height in a building
  183  that has been certified for occupancy by the applicable
  184  governmental entity if the unit owners have opted to hold a vote
  185  and have voted to forego such retrofitting by the affirmative
  186  vote of two-thirds a majority of all voting interests in the
  187  affected cooperative. For purposes of subparagraph 1. and this
  188  subparagraph, the height of the building is determined by
  189  measuring the distance from the lowest level of fire department
  190  vehicle access to the floor of the highest occupiable story The
  191  local authority having jurisdiction may not require completion
  192  of retrofitting with a fire sprinkler system before the end of
  193  2019. By December 31, 2016, a cooperative that is not in
  194  compliance with the requirements for a fire sprinkler system and
  195  has not voted to forego retrofitting of such a system must
  196  initiate an application for a building permit for the required
  197  installation with the local government having jurisdiction
  198  demonstrating that the cooperative will become compliant by
  199  December 31, 2019.
  200         3.2. A vote to forego required retrofitting may be obtained
  201  by limited proxy or by a ballot personally cast at a duly called
  202  membership meeting, or by execution of a written consent by the
  203  member, or by electronic voting, and is effective upon the
  204  recording of a certificate executed by an officer or agent of
  205  the association attesting to such vote in the public records of
  206  the county where the cooperative is located. When the opt-out
  207  vote is to be conducted at a meeting, the cooperative shall mail
  208  or hand deliver to each unit owner written notice at least 14
  209  days before the membership meeting in which the vote to forego
  210  retrofitting of the required fire sprinkler system or other
  211  engineered life safety system is to take place. Within 30 days
  212  after the cooperative’s opt-out vote, notice of the results of
  213  the opt-out vote must be mailed or hand delivered to all unit
  214  owners. Evidence of compliance with this notice requirement must
  215  be made by affidavit executed by the person providing the notice
  216  and filed among the official records of the cooperative. Failure
  217  to provide timely notice to unit owners does not invalidate an
  218  otherwise valid opt-out vote if notice of the results is
  219  provided to the owners. After notice is provided to each owner,
  220  a copy must be provided by the current owner to a new owner
  221  before closing and by a unit owner to a renter before signing a
  222  lease.
  223         (b) If there has been a previous vote to forego
  224  retrofitting, a subsequent vote to require retrofitting may be
  225  conducted obtained at a special meeting of the unit owners
  226  called by a petition of least 10 percent of the voting interests
  227  or by a majority of the board of administration. A vote to
  228  retrofit requires the approval of two-thirds of all voting
  229  interests in the affected cooperative. Such vote may only be
  230  called once every 3 years. Notice must be provided as required
  231  for any regularly called meeting of the unit owners, and the
  232  notice must state the purpose of the meeting. Electronic
  233  transmission may not be used to provide notice of a meeting
  234  called in whole or in part for this purpose.
  235         (c) As part of the information collected annually from
  236  cooperatives, the division shall require associations to report
  237  any the membership vote and recording of a certificate under
  238  this subsection and, if retrofitting has been undertaken, the
  239  per-unit cost of such work. The division shall annually report
  240  to the Division of State Fire Marshal of the Department of
  241  Financial Services the number of cooperatives that have elected
  242  to forego retrofitting. Failure to report a membership vote or
  243  the recording of a certificate does not invalidate an otherwise
  244  valid opt-out vote.
  245         (d) The local authority having jurisdiction may not require
  246  completion of retrofitting with a fire sprinkler system or other
  247  engineered life safety system before January 1, 2023. By
  248  December 1, 2020, an association that is not in compliance with
  249  the requirements for a fire sprinkler system or other engineered
  250  life safety system and has not voted to forego retrofitting of
  251  such a system shall initiate an application for a building
  252  permit for the required installation with the local government
  253  having jurisdiction which demonstrates that the association will
  254  become compliant by December 31, 2022.
  255         Section 4. This act shall take effect July 1, 2019.