Bill Amendment: FL S0908 | 2019 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Firesafety Systems
Status: 2019-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 1393 (Ch. 2019-140), CS/CS/HB 7103 (Ch. 2019-165) [S0908 Detail]
Download: Florida-2019-S0908-Senate_Floor_Amendment_592476.html
Bill Title: Firesafety Systems
Status: 2019-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 1393 (Ch. 2019-140), CS/CS/HB 7103 (Ch. 2019-165) [S0908 Detail]
Download: Florida-2019-S0908-Senate_Floor_Amendment_592476.html
Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 908 Ì592476IÎ592476 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Brandes moved the following: 1 Senate Amendment (with title amendment) 2 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, 20242020. By 23 December 31, 20202016, 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, 20232019. 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 65 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