Bill Text: FL S1270 | 2010 | Regular Session | Introduced

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Bill Title: Condominiums and Multifamily Dwellings [CPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Regulated Industries, companion bill(s) passed, see CS/CS/CS/CS/HB 663 (Ch. 2010-176), CS/CS/CS/SB 1196 (Ch. 2010-174) [S1270 Detail]

Download: Florida-2010-S1270-Introduced.html

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Florida Senate - 2010                                    SB 1270 
 
By Senator Ring 
32-00138B-10                                          20101270__ 
1                        A bill to be entitled 
2         An act relating to condominiums and multifamily 
3         dwellings; amending s. 633.0215, F.S.; providing an 
4         exemption, if certain conditions are met, from the 
5         requirement that certain condominiums install a manual 
6         fire alarm system as required in the Life Safety Code; 
7         amending s. 718.112, F.S.; prohibiting an authority 
8         having jurisdiction from requiring the completion of 
9         retrofitting of common areas with a sprinkler system 
10         before a specified date; providing that certain 
11         condominiums need not retrofit the inside of units 
12         with fire alarm systems or smoke-detection systems; 
13         creating s. 720.314, F.S.; defining the term “common 
14         area facilities” for specified purposes; authorizing a 
15         condominium or homeowners’ association to disallow the 
16         use of common area facilities by unit owners who are 
17         delinquent in the payment of association fees by more 
18         than a specified number of days; repealing s. 
19         553.509(2), F.S., relating to a requirement that 
20         public elevators capable of operating from an 
21         alternate power source be installed in certain 
22         multifamily dwellings or condominiums; providing an 
23         effective date. 
24 
25  Be It Enacted by the Legislature of the State of Florida: 
26 
27         Section 1. Subsection (13) is added to section 633.0215, 
28  Florida Statutes, to read: 
29         633.0215 Florida Fire Prevention Code.— 
30         (13) A condominium that is one or two stories in height and 
31  that has a corridor providing an exterior means of egress is 
32  exempt from the requirement to install a manual fire alarm 
33  system, as required in s. 9.6 of the most recent edition of the 
34  Life Safety Code adopted in the Florida Fire Prevention Code. 
35         Section 2. Paragraph (l) of subsection (2) of section 
36  718.112, Florida Statutes, is amended to read: 
37         718.112 Bylaws.— 
38         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the 
39  following and, if they do not do so, shall be deemed to include 
40  the following: 
41         (l) Certificate of compliance.—There shall be a provision 
42  that a certificate of compliance from a licensed electrical 
43  contractor or electrician may be accepted by the association’s 
44  board as evidence of compliance of the condominium units with 
45  the applicable fire and life safety code. Notwithstanding the 
46  provisions of chapter 633 or of any other code, statute, 
47  ordinance, administrative rule, or regulation, or any 
48  interpretation of the foregoing, an association, condominium, or 
49  unit owner is not obligated to retrofit the common elements or 
50  units of a residential condominium with a fire sprinkler system 
51  or other engineered lifesafety system in a building that has 
52  been certified for occupancy by the applicable governmental 
53  entity, if the unit owners have voted to forego such 
54  retrofitting and engineered lifesafety system by the affirmative 
55  vote of two-thirds of all voting interests in the affected 
56  condominium. However, a condominium association may not vote to 
57  forego the retrofitting with a fire sprinkler system of common 
58  areas in a high-rise building. For purposes of this subsection, 
59  the term “high-rise building” means a building that is greater 
60  than 75 feet in height where the building height is measured 
61  from the lowest level of fire department access to the floor of 
62  the highest occupiable story. For purposes of this subsection, 
63  the term “common areas” means any enclosed hallway, corridor, 
64  lobby, stairwell, or entryway. In no event shall the local 
65  authority having jurisdiction require completion of retrofitting 
66  of common areas with a sprinkler system before the end of 2019 
67  2014. A condominium that has 1 1/2 hour or higher fire-rated 
68  walls and that is not a high-rise building need not retrofit the 
69  inside of units with fire alarm systems or smoke-detection 
70  systems. 
71         1. A vote to forego retrofitting may be obtained by limited 
72  proxy or by a ballot personally cast at a duly called membership 
73  meeting, or by execution of a written consent by the member, and 
74  shall be effective upon the recording of a certificate attesting 
75  to such vote in the public records of the county where the 
76  condominium is located. The association shall mail, hand 
77  deliver, or electronically transmit to each unit owner written 
78  notice at least 14 days prior to such membership meeting in 
79  which the vote to forego retrofitting of the required fire 
80  sprinkler system is to take place. Within 30 days after the 
81  association’s opt-out vote, notice of the results of the opt-out 
82  vote shall be mailed, hand delivered, or electronically 
83  transmitted to all unit owners. Evidence of compliance with this 
84  30-day notice shall be made by an affidavit executed by the 
85  person providing the notice and filed among the official records 
86  of the association. After such notice is provided to each owner, 
87  a copy of such notice shall be provided by the current owner to 
88  a new owner before prior to closing and shall be provided by a 
89  unit owner to a renter before prior to signing a lease. 
90         2. As part of the information collected annually from 
91  condominiums, the division shall require condominium 
92  associations to report the membership vote and recording of a 
93  certificate under this subsection and, if retrofitting has been 
94  undertaken, the per-unit cost of such work. The division shall 
95  annually report to the Division of State Fire Marshal of the 
96  Department of Financial Services the number of condominiums that 
97  have elected to forego retrofitting. 
98         Section 3. Section 720.314, Florida Statutes, is created to 
99  read: 
100         720.314 Common area facilities; restriction of use.— 
101         (1) For purposes of this section, the term “common area 
102  facilities” includes, but is not limited to, any clubhouse, 
103  entertainment facility, exercise facility, swimming pool, tennis 
104  court, or other recreation area owned or maintained by a 
105  homeowners’ or condominium association and provided for use by 
106  dues-paying members of such association. 
107         (2) A condominium association or homeowners’ association 
108  may disallow the use of common area facilities by unit owners 
109  who are delinquent in the payment of association fees by more 
110  than 90 days. 
111         Section 4. Subsection (2) of section 553.509, Florida 
112  Statutes, is repealed. 
113         Section 5. This act shall take effect July 1, 2010.