1                      A bill to be entitled
  2         An act relating to condominiums and
  3         cooperatives; creating s. 718.1085, F.S., and
  4         amending s. 719.1055, F.S.; authorizing certain
  5         condominiums, condominium associations,
  6         cooperatives, and unit owners to opt out of
  7         retrofitting requirements with respect to
  8         handrails and guardrails; prescribing limits on
  9         such authority; providing an effective date.
10 
11  Be It Enacted by the Legislature of the State of Florida:
12 
13         Section 1.  Section 718.1085, Florida Statutes, is
14  created to read:
15        718.1085  Certain regulations not to be retroactively
16  applied.--Notwithstanding the provisions of chapter 633 or of
17  any other code, statute, ordinance, administrative rule, or
18  regulation, or any interpretation thereof, an association
19  condominium, or unit owner is not obligated to retrofit the
20  common elements or units of a residential condominium that
21  meets the definition of "housing for older persons" in
22  subparagraph 760.29(4)(b)3. to comply with requirements
23  relating to handrails and guardrails if the unit owners have
24  voted to forego such retrofitting by the affirmative vote of
25  two-thirds of all voting interests in the affected
26  condominium. However, a condominium association may not vote
27  to forego the retrofitting in common areas in a high-rise
28  building. For the purposes of this section, the term
29  "high-rise building" means a building that is greater than 75
30  feet in height where the building height is measured from the
31  lowest level of fire department access to the floor of the

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 1  highest occupiable level. For the purposes of this section,
 2  the term "common areas" means stairwells and exposed, outdoor
 3  walkways and corridors. In no event shall the local authority
 4  having jurisdiction require retrofitting of common areas with
 5  handrails and guardrails before the end of 2014.
 6        (1)  A vote to forego retrofitting may not be obtained
 7  by general proxy or limited proxy, but shall be obtained by a
 8  vote personally cast at a duly called membership meeting, or
 9  by execution of a written consent by the member, and shall be
10  effective upon the recording of a certificate attesting to
11  such vote in the public records of the county where the
12  condominium is located. The association shall provide each
13  unit owner written notice of the vote to forego retrofitting
14  of the required handrails or guardrails, or both, in at least
15  16-point bold type, by certified mail, within 20 days after
16  the association's vote. After such notice is provided to each
17  owner, a copy of such notice shall be provided by the current
18  owner to a new owner prior to closing and shall be provided by
19  a unit owner to a renter prior to signing a lease.
20        (2)  As part of the information collected annually from
21  condominiums, the division shall require condominium
22  associations to report the membership vote and recording of a
23  certificate under this subsection and, if retrofitting has
24  been undertaken, the per-unit cost of such work. The division
25  shall annually report to the Division of State Fire Marshal of
26  the Department of Financial Services the number of
27  condominiums that have elected to forego retrofitting.
28         Section 2.  Subsection (6) is added to section
29  719.1055, Florida Statutes, to read:
30        719.1055  Amendment of cooperative documents;
31  alteration and acquisition of property.--

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 1         (6)  Notwithstanding the provisions of chapter 633 or
 2  of any other code, statute, ordinance, administrative rule, or
 3  regulation, or any interpretation thereof, a cooperative or
 4  unit owner is not obligated to retrofit the common elements or
 5  units of a residential cooperative that meets the definition
 6  of "housing for older persons" in subparagraph 760.29(4)(b)3.
 7  to comply with requirements relating to handrails and
 8  guardrails in a building that has been certified for occupancy
 9  by the applicable governmental entity, if the unit owners have
10  voted to forego such retrofitting by the affirmative vote of
11  two-thirds of all voting interests in the affected
12  cooperative. However, a cooperative may not forego the
13  retrofitting in common areas in a high-rise building. For
14  purposes of this subsection, the term "high-rise building"
15  means a building that is greater than 75 feet in height where
16  the building height is measured from the lowest level of fire
17  department access to the floor of the highest occupiable
18  story. For purposes of this subsection, the term "common
19  areas" means stairwells and exposed, outdoor walkways and
20  corridors. In no event shall the local authority having
21  jurisdiction require completion of retrofitting of common
22  areas with handrails and guardrails before the end of 2014.
23         (a)  A vote to forego retrofitting may not be obtained
24  by general proxy or limited proxy, but shall be obtained by a
25  vote personally cast at a duly called membership meeting, or
26  by execution of a written consent by the member, and shall be
27  effective upon the recording of a certificate attesting to
28  such vote in the public records of the county where the
29  cooperative is located. The association shall provide each
30  unit owner written notice of the vote to forego retrofitting
31  of the required handrails or guardrails, or both, in at least

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 1  16-point bold type, by certified mail, within 20 days after
 2  the association's vote. After such notice is provided to each
 3  owner, a copy of such notice shall be provided by the current
 4  owner to a new owner prior to closing and shall be provided by
 5  a unit owner to a renter prior to signing a lease.
 6         (b)  As part of the information collected annually from
 7  cooperatives, the division shall require associations to
 8  report the membership vote and recording of a certificate
 9  under this subsection and, if retrofitting has been
10  undertaken, the per-unit cost of such work. The division shall
11  annually report to the Division of State Fire Marshal of the
12  Department of Financial Services the number of cooperatives
13  that have elected to forego retrofitting.
14         Section 3.  This act shall take effect July 1, 2004.
15 
16            *****************************************
17                          SENATE SUMMARY
18    Provides that a residential condominium or cooperative
        that qualifies as "housing for older persons" may elect
19    to forego retrofitting common elements or units to meet
         new handrail and guardrail requirements.
20 
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CODING: Words stricken are deletions; words underlined are additions.