Bill Text: FL S1152 | 2019 | Regular Session | Introduced


Bill Title: Community Association Safety Systems

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-05-03 - Died in Community Affairs, companion bill(s) passed, see CS/CS/HB 7103 (Ch. 2019-165) [S1152 Detail]

Download: Florida-2019-S1152-Introduced.html
       Florida Senate - 2019                                    SB 1152
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-00914-19                                           20191152__
    1                        A bill to be entitled                      
    2         An act relating to community association safety
    3         systems; amending ss. 718.112 and 719.1055, F.S.;
    4         providing that a certificate of compliance from a
    5         licensed professional engineer may be accepted as
    6         evidence of compliance with certain codes; deleting a
    7         provision authorizing the acceptance of a certificate
    8         of compliance from a licensed electrical contractor or
    9         an electrician as evidence of compliance with certain
   10         codes; revising the requirements for retrofitting
   11         units, association property, and common elements;
   12         revising provisions relating to an association vote to
   13         forego retrofitting; providing that a failure to
   14         provide timely notice to unit owners does not
   15         invalidate certain votes under certain circumstances;
   16         providing that the failure to report a membership vote
   17         or the recording of a certification to the Division of
   18         Corporations of the Department of Business and
   19         Professional Regulation does not invalidate an
   20         otherwise valid opt-out vote; prohibiting the local
   21         authority having jurisdiction from requiring
   22         completion of a retrofitting with certain systems
   23         before a specified date; requiring certain
   24         associations to initiate an application for certain
   25         building permits by a specified date; providing an
   26         effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (l) of subsection (2) of section
   31  718.112, Florida Statutes, is amended to read:
   32         718.112 Bylaws.—
   33         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
   34  following and, if they do not do so, shall be deemed to include
   35  the following:
   36         (l) Certificate of compliance.—A provision that a
   37  certificate of compliance from a licensed professional engineer
   38  electrical contractor or electrician may be accepted by the
   39  association’s board as evidence of compliance of the condominium
   40  units with the applicable fire and life safety code must be
   41  included.
   42         1. Notwithstanding chapter 633, s. 509.215, s. 553.895(1),
   43  or of any other code, statute, ordinance, administrative rule,
   44  or regulation, or any interpretation of the foregoing, an
   45  association, residential condominium, or a unit owner in a
   46  building that is 75 feet or less in height is not obligated to
   47  retrofit the common elements, association property, or units of
   48  a residential condominium or a vacation rental, as described in
   49  s. 509.242(1)(c), with a fire sprinkler system or other
   50  engineered life safety system.
   51         2. An association or a unit owner is not obligated to
   52  retrofit a building greater than 75 feet in height in a building
   53  that has been certified for occupancy by the applicable
   54  governmental entity if the unit owners have opted to hold a vote
   55  and have voted to forego such retrofitting by the affirmative
   56  vote of a majority of all voting interests in the affected
   57  condominium. For the purposes of subparagraph 1. and this
   58  subparagraph, the height of the building is determined by
   59  measuring the distance from the lowest level of fire department
   60  vehicle access to the floor of the highest occupiable story The
   61  local authority having jurisdiction may not require completion
   62  of retrofitting with a fire sprinkler system before January 1,
   63  2020. By December 31, 2016, a residential condominium
   64  association that is not in compliance with the requirements for
   65  a fire sprinkler system and has not voted to forego retrofitting
   66  of such a system must initiate an application for a building
   67  permit for the required installation with the local government
   68  having jurisdiction demonstrating that the association will
   69  become compliant by December 31, 2019.
   70         3.1. A vote to forego required retrofitting may be obtained
   71  by limited proxy or by a ballot personally cast at a duly called
   72  membership meeting, or by execution of a written consent by the
   73  member, or by electronic voting, and is effective upon the
   74  recording of a certificate executed by an officer or agent of
   75  the association attesting to such vote in the public records of
   76  the county where the condominium is located. When an opt-out
   77  vote is to be conducted at a meeting, the association shall mail
   78  or hand deliver to each unit owner written notice at least 14
   79  days before the membership meeting in which the vote to forego
   80  retrofitting of the required fire sprinkler system or other
   81  engineered life safety system is to take place. Within 30 days
   82  after the association’s opt-out vote, notice of the results of
   83  the opt-out vote must be mailed or hand delivered to all unit
   84  owners. Evidence of compliance with this notice requirement must
   85  be made by affidavit executed by the person providing the notice
   86  and filed among the official records of the association. Failure
   87  to provide timely notice to unit owners does not invalidate an
   88  otherwise valid opt-out vote if notice of the results is
   89  provided to the owners After notice is provided to each owner, a
   90  copy must be provided by the current owner to a new owner before
   91  closing and by a unit owner to a renter before signing a lease.
   92         4.2. If there has been a previous vote to forego
   93  retrofitting, a subsequent vote to require retrofitting may be
   94  conducted obtained at a special meeting of the unit owners
   95  called by a petition of at least 10 percent of the voting
   96  interests or by a majority of the board of directors. Such a
   97  vote may only be called once every 3 years. Notice shall be
   98  provided as required for any regularly called meeting of the
   99  unit owners, and must state the purpose of the meeting.
  100  Electronic transmission may not be used to provide notice of a
  101  meeting called in whole or in part for this purpose.
  102         5.3. As part of the information collected annually from
  103  condominiums, the division shall require condominium
  104  associations to report any the membership vote and recording of
  105  a certificate under this subsection and, if retrofitting has
  106  been undertaken, the per-unit cost of such work. The division
  107  shall annually report to the Division of State Fire Marshal of
  108  the Department of Financial Services the number of condominiums
  109  that have elected to forego retrofitting. Failure to report a
  110  membership vote or the recording of a certificate does not
  111  invalidate an otherwise valid opt-out vote.
  112         6.4. Notwithstanding s. 553.509, a residential association
  113  may not be obligated to, and may forego the retrofitting of, any
  114  improvements required by s. 553.509(2) upon an affirmative vote
  115  of a majority of the voting interests in the affected
  116  condominium.
  117         7. The local authority having jurisdiction may not require
  118  completion of retrofitting with a fire sprinkler system or other
  119  engineered life safety system before January 1, 2022. By
  120  December 31, 2019, an association that operates a residential
  121  condominium that is not in compliance with the requirements for
  122  a fire sprinkler system or other engineered life safety system
  123  and has not voted to forego retrofitting of such a system shall
  124  initiate an application for a building permit for the required
  125  installation with the local government having jurisdiction which
  126  demonstrates that the association will become compliant by
  127  December 31, 2021.
  128         Section 2. Subsection (5) of section 719.1055, Florida
  129  Statutes, is amended to read:
  130         719.1055 Amendment of cooperative documents; alteration and
  131  acquisition of property.—
  132         (5) The bylaws must include a provision whereby a
  133  certificate of compliance from a licensed professional engineer
  134  electrical contractor or electrician may be accepted by the
  135  association’s board as evidence of compliance of the cooperative
  136  units with the applicable fire and life safety code.
  137         (a)1. Notwithstanding chapter 633, s. 509.215, s.
  138  553.895(1), or any other code, statute, ordinance,
  139  administrative rule, or regulation, or any interpretation of the
  140  foregoing, an association a cooperative or a unit owner in a
  141  building that is 75 feet or less in height is not obligated to
  142  retrofit the common elements or units of a residential
  143  cooperative or a vacation rental, as described in s.
  144  509.242(1)(c), with a fire sprinkler system or other engineered
  145  life safety system.
  146         2. An association or a unit owner is not obligated to
  147  retrofit a building greater than 75 feet in height in a building
  148  that has been certified for occupancy by the applicable
  149  governmental entity if the unit owners have opted to hold a vote
  150  and have voted to forego such retrofitting by the affirmative
  151  vote of a majority of all voting interests in the affected
  152  cooperative. For purposes of subparagraph 1. and this
  153  subparagraph, the height of the building is determined by
  154  measuring the distance from the lowest level of fire department
  155  vehicle access to the floor of the highest occupiable story The
  156  local authority having jurisdiction may not require completion
  157  of retrofitting with a fire sprinkler system before the end of
  158  2019. By December 31, 2016, a cooperative that is not in
  159  compliance with the requirements for a fire sprinkler system and
  160  has not voted to forego retrofitting of such a system must
  161  initiate an application for a building permit for the required
  162  installation with the local government having jurisdiction
  163  demonstrating that the cooperative will become compliant by
  164  December 31, 2019.
  165         3.2. A vote to forego required retrofitting may be obtained
  166  by limited proxy or by a ballot personally cast at a duly called
  167  membership meeting, or by execution of a written consent by the
  168  member, or by electronic voting, and is effective upon the
  169  recording of a certificate executed by an officer or agent of
  170  the association attesting to such vote in the public records of
  171  the county where the cooperative is located. When the opt-out
  172  vote is to be conducted at a meeting, the cooperative shall mail
  173  or hand deliver to each unit owner written notice at least 14
  174  days before the membership meeting in which the vote to forego
  175  retrofitting of the required fire sprinkler system or other
  176  engineered life safety system is to take place. Within 30 days
  177  after the cooperative’s opt-out vote, notice of the results of
  178  the opt-out vote must be mailed or hand delivered to all unit
  179  owners. Evidence of compliance with this notice requirement must
  180  be made by affidavit executed by the person providing the notice
  181  and filed among the official records of the cooperative. Failure
  182  to provide timely notice to unit owners does not invalidate an
  183  otherwise valid opt-out vote if notice of the results is
  184  provided to the owners After notice is provided to each owner, a
  185  copy must be provided by the current owner to a new owner before
  186  closing and by a unit owner to a renter before signing a lease.
  187         (b) If there has been a previous vote to forego
  188  retrofitting, a subsequent vote to require retrofitting may be
  189  conducted obtained at a special meeting of the unit owners
  190  called by a petition of least 10 percent of the voting interests
  191  or by a majority of the board of administration. Such vote may
  192  only be called once every 3 years. Notice must be provided as
  193  required for any regularly called meeting of the unit owners,
  194  and the notice must state the purpose of the meeting. Electronic
  195  transmission may not be used to provide notice of a meeting
  196  called in whole or in part for this purpose.
  197         (c) As part of the information collected annually from
  198  cooperatives, the division shall require associations to report
  199  any the membership vote and recording of a certificate under
  200  this subsection and, if retrofitting has been undertaken, the
  201  per-unit cost of such work. The division shall annually report
  202  to the Division of State Fire Marshal of the Department of
  203  Financial Services the number of cooperatives that have elected
  204  to forego retrofitting. Failure to report a membership vote or
  205  the recording of a certificate does not invalidate an otherwise
  206  valid opt-out vote.
  207         (d) The local authority having jurisdiction may not require
  208  completion of retrofitting with a fire sprinkler system or other
  209  engineered life safety system before January 1, 2022. By
  210  December 1, 2019, an association that is not in compliance with
  211  the requirements for a fire sprinkler system or other engineered
  212  life safety system and has not voted to forego retrofitting of
  213  such a system shall initiate an application for a building
  214  permit for the required installation with the local government
  215  having jurisdiction which demonstrates that the association will
  216  become compliant by December 31, 2021.
  217         Section 3. This act shall take effect July 1, 2019.

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