Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. HB 647, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/3R          .                                
             04/29/2019 01:35 PM       .                                

       Senator Pizzo moved the following:
    1         Senate Amendment to Amendment (799580) (with title
    2  amendment)
    4         Between lines 171 and 172
    5  insert:
    6         Section 4. Section 718.1085, Florida Statutes, is amended
    7  to read:
    8         718.1085 Certain regulations not to be retroactively
    9  applied.—Notwithstanding the provisions of chapter 633 or of any
   10  other code, statute, ordinance, administrative rule, or
   11  regulation, or any interpretation thereof, an association,
   12  condominium, or unit owner is not obligated to retrofit the
   13  common elements or units of a residential condominium that meets
   14  the definition of “housing for older persons” in s.
   15  760.29(4)(b)3. to comply with requirements relating to handrails
   16  and guardrails if the unit owners have voted to forego such
   17  retrofitting by the affirmative vote of two-thirds of all voting
   18  interests in the affected condominium. However, a condominium
   19  association may not vote to forego the retrofitting in common
   20  areas in a high-rise building. For the purposes of this section,
   21  the term “high-rise building” means a building that is greater
   22  than 75 feet in height where the building height is measured
   23  from the lowest level of fire department access to the floor of
   24  the highest occupiable level. For the purposes of this section,
   25  the term “common areas” means stairwells and exposed, outdoor
   26  walkways and corridors and does not include individual
   27  balconies. In no event shall the local authority having
   28  jurisdiction require retrofitting of common areas with handrails
   29  and guardrails before the end of 2014.
   30         (1) A vote to forego retrofitting may not be obtained by
   31  general proxy or limited proxy, but shall be obtained by a vote
   32  personally cast at a duly called membership meeting, or by
   33  execution of a written consent by the member, and shall be
   34  effective upon the recording of a certificate attesting to such
   35  vote in the public records of the county where the condominium
   36  is located. The association shall provide each unit owner
   37  written notice of the vote to forego retrofitting of the
   38  required handrails or guardrails, or both, in at least 16-point
   39  bold type, by certified mail, within 20 days after the
   40  association’s vote. After such notice is provided to each owner,
   41  a copy of such notice shall be provided by the current owner to
   42  a new owner prior to closing and shall be provided by a unit
   43  owner to a renter prior to signing a lease.
   44         (2) As part of the information collected annually from
   45  condominiums, the division shall require condominium
   46  associations to report the membership vote and recording of a
   47  certificate under this subsection and, if retrofitting has been
   48  undertaken, the per-unit cost of such work. The division shall
   49  annually report to the Division of State Fire Marshal of the
   50  Department of Financial Services the number of condominiums that
   51  have elected to forego retrofitting.
   53  ================= T I T L E  A M E N D M E N T ================
   54  And the title is amended as follows:
   55         Between lines 294 and 295
   56  insert:
   57         amending s. 718.1085, F.S.; revising the definition of
   58         the term “common areas” to exclude individual
   59         balconies from handrail and guardrail requirements;