Florida Senate - 2019 SENATOR AMENDMENT Bill No. HB 647, 1st Eng. Ì316652)Î316652 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) 3 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. 52 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;