Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 908
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Banking and Insurance (Hooper) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 633.216, Florida
    6  Statutes, is amended to read:
    7         633.216 Inspection of buildings and equipment; orders;
    8  firesafety inspection training requirements; certification;
    9  disciplinary action.—The State Fire Marshal and her or his
   10  agents or persons authorized to enforce laws and rules of the
   11  State Fire Marshal shall, at any reasonable hour, when the State
   12  Fire Marshal has reasonable cause to believe that a violation of
   13  this chapter or s. 509.215, or a rule adopted thereunder, or a
   14  minimum firesafety code adopted by the State Fire Marshal or a
   15  local authority, may exist, inspect any and all buildings and
   16  structures which are subject to the requirements of this chapter
   17  or s. 509.215 and rules adopted thereunder. The authority to
   18  inspect shall extend to all equipment, vehicles, and chemicals
   19  which are located on or within the premises of any such building
   20  or structure.
   21         (1) Each county, municipality, and special district that
   22  has firesafety enforcement responsibilities shall employ or
   23  contract with a firesafety inspector. Except as provided in s.
   24  633.312(2), and (3), and (4), the firesafety inspector must
   25  conduct all firesafety inspections that are required by law. The
   26  governing body of a county, municipality, or special district
   27  that has firesafety enforcement responsibilities may provide a
   28  schedule of fees to pay only the costs of inspections conducted
   29  pursuant to this subsection and related administrative expenses.
   30  Two or more counties, municipalities, or special districts that
   31  have firesafety enforcement responsibilities may jointly employ
   32  or contract with a firesafety inspector.
   33         Section 2. Present subsections (4) and (5) of section
   34  633.312, Florida Statutes, are redesignated as subsections (5)
   35  and (6), respectively, and subsection (3) of that section is
   36  amended, to read:
   37         633.312 Inspection of fire control systems, fire hydrants,
   38  and fire protection systems.—
   39         (3)(a) The inspecting contractor shall provide to the
   40  building owner or hydrant owner and the local authority having
   41  jurisdiction a copy of the applicable uniform summary inspection
   42  report established under this chapter. The local authority
   43  having jurisdiction may accept uniform summary inspection
   44  reports by United States mail, by hand delivery, by electronic
   45  submission, or through a third-party vendor that collects the
   46  reports on behalf of the local authority having jurisdiction.
   47         (b) The State Fire Marshal shall adopt rules to implement a
   48  uniform summary inspection report and submission procedures to
   49  be used by all third-party vendors and local authorities having
   50  jurisdiction. For purposes of this section, a uniform summary
   51  inspection report must record the address where the fire
   52  protection system or hydrant is located, the company and person
   53  conducting the inspection and their license number, the date of
   54  the inspection, and the fire protection system or hydrant
   55  inspection status, including a brief summary of each deficiency,
   56  critical deficiency, noncritical deficiency, or impairment
   57  found. A contractor’s detailed inspection report is not required
   58  to follow the uniform summary inspection report format. The
   59  State Fire Marshal shall establish by rule a submission
   60  procedure for each means provided under paragraph (a) by which a
   61  local authority having jurisdiction may accept uniform summary
   62  inspection reports. Each of the submission procedures must allow
   63  a contractor to attach additional documents with the submission
   64  of a uniform summary inspection report, including a physical
   65  copy of the contractor’s detailed inspection report. A
   66  submission procedure may not require a contractor to submit
   67  information contained within the detailed inspection report
   68  unless the information is required to be included in the uniform
   69  summary inspection report.
   70         (4) The maintenance of fire hydrant and fire protection
   71  systems as well as corrective actions on deficient systems is
   72  the responsibility of the owner of the system or hydrant.
   73  Equipment requiring periodic testing or operation to ensure its
   74  maintenance shall be tested or operated as specified in the Fire
   75  Prevention Code, Life Safety Code, National Fire Protection
   76  Association standards, or as directed by the appropriate
   77  authority, provided that such appropriate authority may not
   78  require a sprinkler system not required by the Fire Prevention
   79  Code, Life Safety Code, or National Fire Protection Association
   80  standards to be removed regardless of its condition. This
   81  section does not prohibit governmental entities from inspecting
   82  and enforcing firesafety codes.
   83         Section 3. Paragraph (l) of subsection (2) of section
   84  718.112, Florida Statutes, is amended to read:
   85         718.112 Bylaws.—
   86         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
   87  following and, if they do not do so, shall be deemed to include
   88  the following:
   89         (l) Firesafety.An association must ensure reasonable
   90  compliance with the Florida Fire Prevention Code. For purposes
   91  of this paragraph, the term “reasonable compliance means the
   92  ability to select alternative solutions to ensure that the
   93  property meets the level of firesafety required by the Florida
   94  Fire Prevention Code. As to a residential condominium building
   95  that is a high-rise building as defined under the Florida Fire
   96  Prevention Code, the association may either retrofit a fire
   97  sprinkler system or install an engineered life safety system as
   98  specified in the Florida Fire Prevention Code Certificate of
   99  compliance.— A provision that a certificate of compliance from a
  100  licensed electrical contractor or electrician may be accepted by
  101  the association’s board as evidence of compliance of the
  102  condominium units with the applicable fire and life safety code
  103  must be included. Notwithstanding chapter 633 or of any other
  104  code, statute, ordinance, administrative rule, or regulation, or
  105  any interpretation of the foregoing, an association, residential
  106  condominium, or unit owner is not obligated to retrofit the
  107  common elements, association property, or units of a residential
  108  condominium with a fire sprinkler system in a building that has
  109  been certified for occupancy by the applicable governmental
  110  entity if the unit owners have voted to forego such retrofitting
  111  by the affirmative vote of a majority of all voting interests in
  112  the affected condominium.
  113         1. The local authority having jurisdiction may not require
  114  completion of retrofitting with a fire sprinkler system or
  115  completion of installation of an engineered life safety system
  116  before January 1, 2023 2020. A residential condominium
  117  association that is not in compliance with the requirements for
  118  a fire sprinkler system or an engineered life safety system
  119  shall:
  120         a. By July 1, 2020, submit a final fire sprinkler permit
  121  application and supporting documents to the authority having
  122  jurisdiction;
  123         b. By July 1, 2021, obtain all necessary permits; and
  124         c. By December 31, 2022, pass final inspection.
  126  If a residential condominium association fails to timely comply
  127  with the requirements of this subparagraph, the authority having
  128  jurisdiction shall assess a penalty against the association in
  129  the amount of $500 per day until it attains compliance. The
  130  Division of Florida Condominiums, Timeshares, and Mobile Homes
  131  of the Department of Business and Professional Regulation shall
  132  collect all such payments and remit them to the Firefighter
  133  Assistance Grant Program created under s. 633.135 By December
  134  31, 2016, a residential condominium association that is not in
  135  compliance with the requirements for a fire sprinkler system and
  136  has not voted to forego retrofitting of such a system must
  137  initiate an application for a building permit for the required
  138  installation with the local government having jurisdiction
  139  demonstrating that the association will become compliant by
  140  December 31, 2019.
  141         1. A vote to forego retrofitting may be obtained by limited
  142  proxy or by a ballot personally cast at a duly called membership
  143  meeting, or by execution of a written consent by the member, and
  144  is effective upon recording a certificate attesting to such vote
  145  in the public records of the county where the condominium is
  146  located. The association shall mail or hand deliver to each unit
  147  owner written notice at least 14 days before the membership
  148  meeting in which the vote to forego retrofitting of the required
  149  fire sprinkler system is to take place. Within 30 days after the
  150  association’s opt-out vote, notice of the results of the opt-out
  151  vote must be mailed or hand delivered to all unit owners.
  152  Evidence of compliance with this notice requirement must be made
  153  by affidavit executed by the person providing the notice and
  154  filed among the official records of the association. After
  155  notice is provided to each owner, a copy must be provided by the
  156  current owner to a new owner before closing and by a unit owner
  157  to a renter before signing a lease.
  158         2. If there has been a previous vote to forego
  159  retrofitting, a vote to require retrofitting may be obtained at
  160  a special meeting of the unit owners called by a petition of at
  161  least 10 percent of the voting interests. Such a vote may only
  162  be called once every 3 years. Notice shall be provided as
  163  required for any regularly called meeting of the unit owners,
  164  and must state the purpose of the meeting. Electronic
  165  transmission may not be used to provide notice of a meeting
  166  called in whole or in part for this purpose.
  167         3. As part of the information collected annually from
  168  condominiums, the division shall require condominium
  169  associations to report the membership vote and recording of a
  170  certificate under this subsection and, if retrofitting has been
  171  undertaken, the per-unit cost of such work. The division shall
  172  annually report to the Division of State Fire Marshal of the
  173  Department of Financial Services the number of condominiums that
  174  have elected to forego retrofitting.
  175         2.4. Notwithstanding s. 553.509, a residential association
  176  may not be obligated to, and may forego the retrofitting of, any
  177  improvements required by s. 553.509(2) upon an affirmative vote
  178  of a majority of the voting interests in the affected
  179  condominium.
  180         Section 4. This act shall take effect upon becoming a law.
  182  ================= T I T L E  A M E N D M E N T ================
  183  And the title is amended as follows:
  184         Delete everything before the enacting clause
  185  and insert:
  186                        A bill to be entitled                      
  187         An act relating to firesafety systems; amending s.
  188         633.216, F.S.; conforming a cross-reference; amending
  189         s. 633.312, F.S.; authorizing local authorities having
  190         jurisdiction to accept uniform summary inspection
  191         reports of certain fire hydrants and fire protection
  192         systems by certain means; requiring the State Fire
  193         Marshal to adopt rules implementing a uniform summary
  194         inspection report and certain submission procedures;
  195         providing requirements for such uniform report and
  196         procedures; providing that such procedures may not
  197         require a contractor to submit certain information;
  198         amending s. 718.112, F.S.; requiring that condominium
  199         association bylaws provide requirements for the
  200         association’s reasonable compliance with the Florida
  201         Fire Prevention Code; defining the term “reasonable
  202         compliance”; providing construction; specifying
  203         authorized means of compliance for certain residential
  204         condominiums; deleting a requirement for association
  205         bylaws to contain a certain certificate of compliance
  206         provision; deleting an exemption from a requirement to
  207         retrofit certain condominium property with a fire
  208         sprinkler system; deleting procedures for such
  209         exemption; extending the date before which a local
  210         authority having jurisdiction may not require
  211         completion of retrofitting with a fire sprinkler
  212         system; specifying the date before which a local
  213         authority having jurisdiction may not require
  214         completion of installation of an engineered life
  215         safety system; requiring a residential condominium
  216         association that is not in compliance with certain
  217         requirements to perform certain duties by specified
  218         dates; providing a penalty; requiring the Division of
  219         Florida Condominiums, Timeshares, and Mobile Homes of
  220         the Department of Business and Professional Regulation
  221         to collect such penalty payments and remit them to the
  222         Firefighter Assistance Grant Program within the
  223         Division of State Fire Marshal of the Department of
  224         Financial Services; deleting an obsolete provision;
  225         deleting requirements for condominium associations to
  226         report certain information to the Division of Florida
  227         Condominiums, Timeshares, and Mobile Homes and for the
  228         division to report certain information to the Division
  229         of State Fire Marshal; providing an effective date.