Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. HB 647, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/RE/3R         .                                
             04/29/2019 03:26 PM       .                                

       Senator Hooper moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 553.792, Florida Statutes, is amended to
    6  read:
    7         553.792 Building permit application to local government;
    8  fire alarm permit applications.—
    9         (1) Within 10 days of an applicant submitting an
   10  application to the local government, the local government shall
   11  advise the applicant what information, if any, is needed to deem
   12  the application properly completed in compliance with the filing
   13  requirements published by the local government. If the local
   14  government does not provide written notice that the applicant
   15  has not submitted the properly completed application, the
   16  application shall be automatically deemed properly completed and
   17  accepted. Within 45 days after receiving a completed
   18  application, a local government must notify an applicant if
   19  additional information is required for the local government to
   20  determine the sufficiency of the application, and shall specify
   21  the additional information that is required. The applicant must
   22  submit the additional information to the local government or
   23  request that the local government act without the additional
   24  information. While the applicant responds to the request for
   25  additional information, the 120-day period described in this
   26  subsection is tolled. Both parties may agree to a reasonable
   27  request for an extension of time, particularly in the event of a
   28  force major or other extraordinary circumstance. The local
   29  government must approve, approve with conditions, or deny the
   30  application within 120 days following receipt of a completed
   31  application.
   32         (2) The procedures set forth in subsection (1) apply to the
   33  following building permit applications: accessory structure;
   34  alarm permit; nonresidential buildings less than 25,000 square
   35  feet; electric; irrigation permit; landscaping; mechanical;
   36  plumbing; residential units other than a single family unit;
   37  multifamily residential not exceeding 50 units; roofing; signs;
   38  site-plan approvals and subdivision plats not requiring public
   39  hearings or public notice; and lot grading and site alteration
   40  associated with the permit application set forth in this
   41  subsection. The procedures set forth in subsection (1) do not
   42  apply to permits for any wireless communications facilities or
   43  when a law, agency rule, or local ordinance specify different
   44  timeframes for review of local building permit applications.
   45         (3)Beginning October 1, 2019, for any project requiring a
   46  fire alarm permit, a uniform fire alarm permit application must
   47  be used and submitted to the local enforcement agency along with
   48  any required drawings, plans, and supporting documentation. The
   49  uniform fire alarm permit application may be submitted
   50  electronically or by facsimile and must be signed by the owner,
   51  contractor, or authorized representative of either such person.
   52  The uniform fire alarm permit application must contain the
   53  following information in substantially the following form:
   55                UNIFORM FIRE ALARM PERMIT APPLICATION              
   57         Tax Folio No.: ....
   58         Application No.: ....
   59         Owner or Representative Name: ....
   60         Property Address: ....
   61         City: .... State: .... Zip: ....
   62         Phone: ....
   63         Fee Simple Titleholder’s Name (if other than owner): ....
   64         Fee Simple Titleholder’s Address (if other than owner):
   65  ....
   66         Description of Work: .... New Install .... Replacement ....
   67  Addition .... Other ....
   68         Construction Type: ....
   69         Proposed Use: ....
   70         Alarm Contractor’s Name: ....
   71         Alarm Contractor’s Address: ....
   72         City: .... State: .... Zip: ....
   73         Phone: ....
   74         Alarm Contractor’s License No: ....
   76         Application is hereby made to obtain a permit to do the
   77  work and installation as indicated. I certify that no work or
   78  installation has commenced before the filing of this permit
   79  application. I certify that all of the foregoing information is
   80  true and accurate.
   82         ...(Signature of Owner, Contractor, or Agent)...
   83         Printed Name: ....
   85         (4) The procedures set forth in subsection (1) do not apply
   86  to the installation or replacement of a fire alarm system if a
   87  plans review is not required by the local enforcement agency.
   88         (5)For repairs to an existing fire alarm system that was
   89  previously permitted by the local enforcement agency, the
   90  contractor may begin the repair upon filing the uniform fire
   91  alarm permit application with the local enforcement agency if
   92  the local enforcement agency requires fire alarm permits for
   93  repairs.
   94         Section 2. Subsection (1) of section 633.216, Florida
   95  Statutes, is amended to read:
   96         633.216 Inspection of buildings and equipment; orders;
   97  firesafety inspection training requirements; certification;
   98  disciplinary action.—The State Fire Marshal and her or his
   99  agents or persons authorized to enforce laws and rules of the
  100  State Fire Marshal shall, at any reasonable hour, when the State
  101  Fire Marshal has reasonable cause to believe that a violation of
  102  this chapter or s. 509.215, or a rule adopted thereunder, or a
  103  minimum firesafety code adopted by the State Fire Marshal or a
  104  local authority, may exist, inspect any and all buildings and
  105  structures which are subject to the requirements of this chapter
  106  or s. 509.215 and rules adopted thereunder. The authority to
  107  inspect shall extend to all equipment, vehicles, and chemicals
  108  which are located on or within the premises of any such building
  109  or structure.
  110         (1) Each county, municipality, and special district that
  111  has firesafety enforcement responsibilities shall employ or
  112  contract with a firesafety inspector. Except as provided in s.
  113  633.312(2), and (3), and (4), the firesafety inspector must
  114  conduct all firesafety inspections that are required by law. The
  115  governing body of a county, municipality, or special district
  116  that has firesafety enforcement responsibilities may provide a
  117  schedule of fees to pay only the costs of inspections conducted
  118  pursuant to this subsection and related administrative expenses.
  119  Two or more counties, municipalities, or special districts that
  120  have firesafety enforcement responsibilities may jointly employ
  121  or contract with a firesafety inspector.
  122         Section 3. Present subsections (4) and (5) of section
  123  633.312, Florida Statutes, are redesignated as subsections (5)
  124  and (6), respectively, and subsection (3) of that section is
  125  amended, to read:
  126         633.312 Inspection of fire control systems, fire hydrants,
  127  and fire protection systems.—
  128         (3)(a) The inspecting contractor shall provide to the
  129  building owner or hydrant owner and the local authority having
  130  jurisdiction a copy of the applicable uniform summary inspection
  131  report established under this chapter. The local authority
  132  having jurisdiction may accept uniform summary inspection
  133  reports by United States mail, by hand delivery, by electronic
  134  submission, or through a third-party vendor that collects the
  135  reports on behalf of the local authority having jurisdiction.
  136         (b) The State Fire Marshal shall adopt rules to implement a
  137  uniform summary inspection report and submission procedures to
  138  be used by all third-party vendors and local authorities having
  139  jurisdiction. For purposes of this section, a uniform summary
  140  inspection report must record the address where the fire
  141  protection system or hydrant is located, the company and person
  142  conducting the inspection and their license number, the date of
  143  the inspection, and the fire protection system or hydrant
  144  inspection status, including a brief summary of each deficiency,
  145  critical deficiency, noncritical deficiency, or impairment
  146  found. A contractor’s detailed inspection report is not required
  147  to follow the uniform summary inspection report format. The
  148  State Fire Marshal shall establish by rule a submission
  149  procedure for each means provided under paragraph (a) by which a
  150  local authority having jurisdiction may accept uniform summary
  151  inspection reports. Each of the submission procedures must allow
  152  a contractor to attach additional documents with the submission
  153  of a uniform summary inspection report, including a physical
  154  copy of the contractor’s detailed inspection report. A
  155  submission procedure may not require a contractor to submit
  156  information contained within the detailed inspection report
  157  unless the information is required to be included in the uniform
  158  summary inspection report.
  159         (4) The maintenance of fire hydrant and fire protection
  160  systems as well as corrective actions on deficient systems is
  161  the responsibility of the owner of the system or hydrant.
  162  Equipment requiring periodic testing or operation to ensure its
  163  maintenance shall be tested or operated as specified in the Fire
  164  Prevention Code, Life Safety Code, National Fire Protection
  165  Association standards, or as directed by the appropriate
  166  authority, provided that such appropriate authority may not
  167  require a sprinkler system not required by the Fire Prevention
  168  Code, Life Safety Code, or National Fire Protection Association
  169  standards to be removed regardless of its condition. This
  170  section does not prohibit governmental entities from inspecting
  171  and enforcing firesafety codes.
  172         Section 4. Paragraph (l) of subsection (2) of section
  173  718.112, Florida Statutes, is amended to read:
  174         718.112 Bylaws.—
  175         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  176  following and, if they do not do so, shall be deemed to include
  177  the following:
  178         (l) Firesafety.An association must ensure reasonable
  179  compliance with the Florida Fire Prevention Code. For purposes
  180  of this paragraph, the term “reasonable compliance means the
  181  ability to select alternative solutions to ensure that the
  182  property meets the level of firesafety required by the Florida
  183  Fire Prevention Code. As to a residential condominium building
  184  that is a high-rise building as defined under the Florida Fire
  185  Prevention Code, the association may either retrofit a fire
  186  sprinkler system or install an engineered life safety system as
  187  specified in the Florida Fire Prevention Code Certificate of
  188  compliance.— A provision that a certificate of compliance from a
  189  licensed electrical contractor or electrician may be accepted by
  190  the association’s board as evidence of compliance of the
  191  condominium units with the applicable fire and life safety code
  192  must be included. Notwithstanding chapter 633 or of any other
  193  code, statute, ordinance, administrative rule, or regulation, or
  194  any interpretation of the foregoing, an association, residential
  195  condominium, or unit owner is not obligated to retrofit the
  196  common elements, association property, or units of a residential
  197  condominium with a fire sprinkler system in a building that has
  198  been certified for occupancy by the applicable governmental
  199  entity if the unit owners have voted to forego such retrofitting
  200  by the affirmative vote of a majority of all voting interests in
  201  the affected condominium.
  202         1. The local authority having jurisdiction may not require
  203  completion of retrofitting with a fire sprinkler system or
  204  completion of installation of an engineered life safety system
  205  before January 1, 2024 2020. By December 31, 2016, a residential
  206  condominium association that is not in compliance with the
  207  requirements for a fire sprinkler system and has not voted to
  208  forego retrofitting of such a system must initiate an
  209  application for a building permit for the required installation
  210  with the local government having jurisdiction demonstrating that
  211  the association will become compliant by December 31, 2019.
  212         1. A vote to forego retrofitting may be obtained by limited
  213  proxy or by a ballot personally cast at a duly called membership
  214  meeting, or by execution of a written consent by the member, and
  215  is effective upon recording a certificate attesting to such vote
  216  in the public records of the county where the condominium is
  217  located. The association shall mail or hand deliver to each unit
  218  owner written notice at least 14 days before the membership
  219  meeting in which the vote to forego retrofitting of the required
  220  fire sprinkler system is to take place. Within 30 days after the
  221  association’s opt-out vote, notice of the results of the opt-out
  222  vote must be mailed or hand delivered to all unit owners.
  223  Evidence of compliance with this notice requirement must be made
  224  by affidavit executed by the person providing the notice and
  225  filed among the official records of the association. After
  226  notice is provided to each owner, a copy must be provided by the
  227  current owner to a new owner before closing and by a unit owner
  228  to a renter before signing a lease.
  229         2. If there has been a previous vote to forego
  230  retrofitting, a vote to require retrofitting may be obtained at
  231  a special meeting of the unit owners called by a petition of at
  232  least 10 percent of the voting interests. Such a vote may only
  233  be called once every 3 years. Notice shall be provided as
  234  required for any regularly called meeting of the unit owners,
  235  and must state the purpose of the meeting. Electronic
  236  transmission may not be used to provide notice of a meeting
  237  called in whole or in part for this purpose.
  238         3. As part of the information collected annually from
  239  condominiums, the division shall require condominium
  240  associations to report the membership vote and recording of a
  241  certificate under this subsection and, if retrofitting has been
  242  undertaken, the per-unit cost of such work. The division shall
  243  annually report to the Division of State Fire Marshal of the
  244  Department of Financial Services the number of condominiums that
  245  have elected to forego retrofitting.
  246         2.4. Notwithstanding s. 553.509, a residential association
  247  may not be obligated to, and may forego the retrofitting of, any
  248  improvements required by s. 553.509(2) upon an affirmative vote
  249  of a majority of the voting interests in the affected
  250  condominium.
  251         Section 5. By July 1, 2019, the State Fire Marshal shall
  252  issue a data call to all local fire officials to collect data
  253  regarding high-rise condominiums greater than 75 feet in height
  254  which have not retrofitted with a fire sprinkler system or an
  255  engineered life safety system in accordance with ss. 633.208(5)
  256  and 718.112(2)(l), Florida Statutes. Local fire officials shall
  257  submit such data to the State Fire Marshal and shall include,
  258  for each individual building, the address, the number of units,
  259  and the number of stories. By July 1, 2020, all data must be
  260  received and compiled into a report by city and county. By
  261  September 1, 2020, the report must be sent to the Governor, the
  262  President of the Senate, and the Speaker of the House of
  263  Representatives.
  264         Section 6. This act shall take effect upon becoming a law.
  266  ================= T I T L E  A M E N D M E N T ================
  267  And the title is amended as follows:
  268         Delete everything before the enacting clause
  269  and insert:
  270                        A bill to be entitled                      
  271         An act relating to firesafety systems; amending s.
  272         553.792, F.S.; requiring, beginning on a certain date,
  273         that a uniform fire alarm permit application, along
  274         with certain other information, be used and submitted
  275         to the local enforcement agency for any project
  276         requiring a fire alarm permit; providing that such
  277         application may be submitted by certain means;
  278         providing a signature requirement; specifying
  279         information required in, and a form for, such
  280         applications; providing applicability of certain
  281         building permit application procedures; authorizing
  282         contractors, under certain circumstances, to begin
  283         fire alarm system repairs upon filing the uniform fire
  284         alarm permit application; amending s. 633.216, F.S.;
  285         conforming a cross-reference; amending s. 633.312,
  286         F.S.; authorizing local authorities having
  287         jurisdiction to accept uniform summary inspection
  288         reports of certain fire hydrants and fire protection
  289         systems by certain means; requiring the State Fire
  290         Marshal to adopt rules implementing a uniform summary
  291         inspection report and certain submission procedures;
  292         providing requirements for such uniform report and
  293         procedures; providing that such procedures may not
  294         require a contractor to submit certain information;
  295         amending s. 718.112, F.S.; requiring that condominium
  296         association bylaws provide requirements for the
  297         association’s reasonable compliance with the Florida
  298         Fire Prevention Code; defining the term “reasonable
  299         compliance”; specifying authorized means of compliance
  300         for certain residential condominiums; deleting a
  301         requirement for association bylaws to contain a
  302         certain certificate of compliance provision; deleting
  303         an exemption from a requirement to retrofit certain
  304         condominium property with a fire sprinkler system;
  305         deleting obsolete provisions; extending the date
  306         before which a local authority having jurisdiction may
  307         not require completion of a condominium’s retrofitting
  308         with a fire sprinkler system; specifying the date
  309         before which such local authority having jurisdiction
  310         may not require completion of installation of an
  311         engineered life safety system; requiring the State
  312         Fire Marshal, by a certain date, to issue a data call
  313         to all local fire officials to collect data on certain
  314         high-rise condominiums; specifying data that local
  315         fire officials must submit; requiring that all data be
  316         received and compiled into a certain report by a
  317         certain date; requiring that the report be sent to the
  318         Governor and the Legislature by a certain date;
  319         providing an effective date.