Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 908
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 227 - 295
    4  and insert:
    5         (l) Certificate of compliance.—A provision that a
    6  certificate of compliance from a licensed electrical contractor
    7  or electrician may be accepted by the association’s board as
    8  evidence of compliance of the condominium units with the
    9  applicable fire and life safety code must be included.
   10  Notwithstanding chapter 633 or of any other code, statute,
   11  ordinance, administrative rule, or regulation, or any
   12  interpretation of the foregoing, an association, residential
   13  condominium, or unit owner is not obligated to retrofit the
   14  common elements, association property, or units of a residential
   15  condominium with a fire sprinkler system in a building that has
   16  been certified for occupancy by the applicable governmental
   17  entity if the unit owners have voted to forego such retrofitting
   18  by the affirmative vote of a majority of all voting interests in
   19  the affected condominium. The local authority having
   20  jurisdiction may not require completion of retrofitting with a
   21  fire sprinkler system or completion of installation of an
   22  engineered life safety system before January 1, 2024 2020. By
   23  December 31, 2020 2016, a residential condominium association
   24  that is not in compliance with the requirements for a fire
   25  sprinkler system and has not voted to forego retrofitting of
   26  such a system must initiate an application for a building permit
   27  for the required installation with the local government having
   28  jurisdiction demonstrating that the association will become
   29  compliant by December 31, 2023 2019.
   30         1. A vote to forego retrofitting may be obtained by limited
   31  proxy or by a ballot personally cast at a duly called membership
   32  meeting, or by execution of a written consent by the member, and
   33  is effective upon recording a certificate attesting to such vote
   34  in the public records of the county where the condominium is
   35  located. The association shall mail or hand deliver to each unit
   36  owner written notice at least 14 days before the membership
   37  meeting in which the vote to forego retrofitting of the required
   38  fire sprinkler system is to take place. Within 30 days after the
   39  association’s opt-out vote, notice of the results of the opt-out
   40  vote must be mailed or hand delivered to all unit owners.
   41  Evidence of compliance with this notice requirement must be made
   42  by affidavit executed by the person providing the notice and
   43  filed among the official records of the association. After
   44  notice is provided to each owner, a copy must be provided by the
   45  current owner to a new owner before closing and by a unit owner
   46  to a renter before signing a lease.
   47         2. If there has been a previous vote to forego
   48  retrofitting, a vote to require retrofitting may be obtained at
   49  a special meeting of the unit owners called by a petition of at
   50  least 10 percent of the voting interests. Such a vote may only
   51  be called once every 3 years. Notice shall be provided as
   52  required for any regularly called meeting of the unit owners,
   53  and must state the purpose of the meeting. Electronic
   54  transmission may not be used to provide notice of a meeting
   55  called in whole or in part for this purpose.
   56         3. As part of the information collected annually from
   57  condominiums, the division shall require condominium
   58  associations to report the membership vote and recording of a
   59  certificate under this subsection and, if retrofitting has been
   60  undertaken, the per-unit cost of such work. The division shall
   61  annually report to the Division of State Fire Marshal of the
   62  Department of Financial Services the number of condominiums that
   63  have elected to forego retrofitting.
   64         4. Notwithstanding s. 553.509, a residential association
   66  ================= T I T L E  A M E N D M E N T ================
   67  And the title is amended as follows:
   68         Delete lines 26 - 42
   69  and insert:
   70         amending s. 718.112, F.S.; extending the date before
   71         which a local authority having jurisdiction may not
   72         require completion of a condominium’s retrofitting
   73         with a fire sprinkler system; specifying the date
   74         before which such local authority having jurisdiction
   75         may not require completion of installation of an
   76         engineered life safety system; extending deadlines by
   77         which certain residential condominium associations
   78         must initiate certain building permit applications and
   79         become compliant with certain requirements; requiring
   80         the State