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RETROFITTING SPRINKLER SYSTEM
(l) Firesafety.—An
association must ensure compliance with the Florida Fire Prevention
Code. As to a residential condominium building that is a high-rise
building as defined under the Florida Fire Prevention Code, the
association must retrofit either a fire sprinkler system or an
engineered life safety system as specified in the Florida Fire
Prevention Code. Notwithstanding chapter 633 or of any other code,
statute, ordinance, administrative rule, or regulation, or any
interpretation of the foregoing, an association, residential
condominium, or unit owner is not obligated to retrofit the common
elements, association property, or units of a residential condominium
with a fire sprinkler system in a building that has been certified for
occupancy by the applicable governmental entity if the unit owners have
voted to forego such retrofitting by the affirmative vote of a majority
of all voting interests in the affected condominium. The local authority
having jurisdiction may not require completion of retrofitting with a
fire sprinkler system or an engineered life safety system before January
1, 2024.
1. A
vote to forego retrofitting may be obtained by limited proxy or by a
ballot personally cast at a duly called membership meeting, or by
execution of a written consent by the member, and is effective upon
recording a certificate attesting to such vote in the public records
of the county where the condominium is located. The association
shall mail or hand deliver to each unit owner written notice at
least 14 days before the membership meeting in which the vote to
forego retrofitting of the required fire sprinkler system is to take
place. Within 30 days after the association’s opt-out vote, notice
of the results of the opt-out vote must be mailed or hand delivered
to all unit owners. Evidence of compliance with this notice
requirement must be made by affidavit executed by the person
providing the notice and filed among the official records of the
association. After notice is provided to each owner, a copy must be
provided by the current owner to a new owner before closing and by a
unit owner to a renter before signing a lease.
2. If
there has been a previous vote to forego retrofitting, a vote to
require retrofitting may be obtained at a special meeting of the
unit owners called by a petition of at least 10 percent of the
voting interests. Such a vote may only be called once every 3 years.
Notice shall be provided as required for any regularly called
meeting of the unit owners, and must state the purpose of the
meeting. Electronic transmission may not be used to provide notice
of a meeting called in whole or in part for this purpose.
3. As
part of the information collected annually from condominiums, the
division shall require condominium associations to report the
membership vote and recording of a certificate under this subsection
and, if retrofitting has been undertaken, the per-unit cost of such
work. The division shall annually report to the Division of State
Fire Marshal of the Department of Financial Services the number of
condominiums that have elected to forego retrofitting.
4. Notwithstanding
s. 553.509, a residential association may not be obligated to, and
may forego the retrofitting of, any improvements required by s.
553.509(2) upon an affirmative vote of a majority of the voting
interests in the affected condominium.
5. This
paragraph does not apply to timeshare condominium associations,
which shall be governed by s. 721.24.
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