Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. HB 647, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/3R          .                                
             04/29/2019 01:36 PM       .                                

       Senator Hooper moved the following:
    1         Senate Amendment to Amendment (799580) (with title
    2  amendment)
    4         Delete lines 201 - 250
    5  and insert:
    6  the affected condominium.
    7         1. The local authority having jurisdiction may not require
    8  completion of retrofitting with a fire sprinkler system or
    9  completion of installation of an engineered life safety system
   10  before January 1, 2024 2020. By December 31, 2016, a residential
   11  condominium association that is not in compliance with the
   12  requirements for a fire sprinkler system and has not voted to
   13  forego retrofitting of such a system must initiate an
   14  application for a building permit for the required installation
   15  with the local government having jurisdiction demonstrating that
   16  the association will become compliant by December 31, 2023 2019.
   17         2.1. A vote to forego retrofitting may be obtained by
   18  limited proxy or by a ballot personally cast at a duly called
   19  membership meeting, or by execution of a written consent by the
   20  member, and is effective upon recording a certificate attesting
   21  to such vote in the public records of the county where the
   22  condominium is located. The association shall mail or hand
   23  deliver to each unit owner written notice at least 14 days
   24  before the membership meeting in which the vote to forego
   25  retrofitting of the required fire sprinkler system is to take
   26  place. Within 30 days after the association’s opt-out vote,
   27  notice of the results of the opt-out vote must be mailed or hand
   28  delivered to all unit owners. Evidence of compliance with this
   29  notice requirement must be made by affidavit executed by the
   30  person providing the notice and filed among the official records
   31  of the association. After notice is provided to each owner, a
   32  copy must be provided by the current owner to a new owner before
   33  closing and by a unit owner to a renter before signing a lease.
   34         3.2. If there has been a previous vote to forego
   35  retrofitting, a vote to require retrofitting may be obtained at
   36  a special meeting of the unit owners called by a petition of at
   37  least 10 percent of the voting interests. Such a vote may only
   38  be called once every 3 years. Notice shall be provided as
   39  required for any regularly called meeting of the unit owners,
   40  and must state the purpose of the meeting. Electronic
   41  transmission may not be used to provide notice of a meeting
   42  called in whole or in part for this purpose.
   43         4.3. As part of the information collected annually from
   44  condominiums, the division shall require condominium
   45  associations to report the membership vote and recording of a
   46  certificate under this subsection and, if retrofitting has been
   47  undertaken, the per-unit cost of such work. The division shall
   48  annually report to the Division of State Fire Marshal of the
   49  Department of Financial Services the number of condominiums that
   50  have elected to forego retrofitting.
   51         5.4. Notwithstanding s. 553.509, a residential association
   52  may not be obligated to, and may forego the retrofitting of, any
   53  improvements required by s. 553.509(2) upon an affirmative vote
   54  of a majority of the voting interests in the affected
   55  condominium.
   56         6.This paragraph does not apply to timeshare condominium
   57  associations, which shall be governed by s. 721.24.
   59  ================= T I T L E  A M E N D M E N T ================
   60  And the title is amended as follows:
   61         Delete lines 305 - 311
   62  and insert:
   63         extending the date before which a local authority
   64         having jurisdiction may not require completion of a
   65         condominium’s retrofitting with a fire sprinkler
   66         system; specifying the date before which such local
   67         authority having jurisdiction may not require
   68         completion of installation of an engineered life
   69         safety system; extending a certain deadline for
   70         residential condominium associations for compliance
   71         with certain requirements; providing applicability;
   72         requiring the State