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RESOLUTION URGING THE FLORIDA LEGISLATURE TO ALLOW CONDOMINIUM ASSOCIATIONS THE RIGHT TO DECIDE WHETHER OR NOT TO INCUR THE EXPENSE OF RETROFITTING THEIR CONDOMINIUM BUILDINGS WITH VARIOUS LIFE SAFETY ENHANCEMENTS

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WHEREAS, there are approximately 57,000 community associations in the State of Florida, including condominium and cooperative associations; and
WHEREAS, the National Fire Protection Association (NFPA) 101 Life Safety Code is currently in use in all 50 states and has been adopted statewide in 43 states, including Florida; and
WHEREAS, the NFPA 101 Life Safety Code addresses minimum building design, construction, operation and maintenance requirements necessary to protect building occupants from danger caused by fire, smoke, and toxic fumes; and
WHEREAS, when most states adopted the Life Safety Code, they made exceptions and accommodations for existing residential structures such as condominium buildings, but the State of Florida did not provide for such exceptions and has not to date; and
WHEREAS, retrofitting existing condominium buildings to the Life Safety Code frequently means costly retrofits to existing elevators, sprinkler systems and fire alarms; and
WHEREAS, in terms of residential foreclosure filings and devaluation of property values, Florida currently is one of the leading states in the U.S., and Miami-Dade County is one of the leading counties in the U.S.; and
WHEREAS, foreclosures and devaluation are particularly a problem for condominium units; and
WHEREAS, there are many condominium associations in Miami-Dade County that would be adversely impacted by the costly life safety retrofits currently required under Florida law, including retrofits to sprinklers, fire alarms and elevators; and
WHEREAS, the Florida Legislature has twice before unanimously passed legislation to extend retrofit relief to the millions of impacted Floridians but such legislation was vetoed both times by the Governor; and
WHEREAS, during the 2009 session, the Legislature passed but the Governor vetoed SB 714 which would have extended from 2014 to 2025 the date after which local authorities could require the retrofit of common areas in condominium buildings with a fire sprinkler system; and
WHEREAS, similarly during the 2006 session, the Legislature passed but the Governor vetoed similar legislation, HB 391 that would have extended from 2014 to 2025 the date for such retrofits; and
WHEREAS, this Board understands and appreciates the adverse economic impacts that could ensue should such retrofit relief not pass during the 2010 session; and
WHEREAS, in many cases, condominium buildings provide housing options that are more affordable than single-family homes; and
WHEREAS, condominium buildings also often have large numbers of residents who are elderly and on fixed incomes and cannot afford the substantial cost of retrofits; and
WHEREAS, there are bills currently moving through committees that include language that would allow each community association's membership the right to decide for themselves whether or not to incur the expense for common elements or individual units of making life safety retrofits, including retrofits to sprinklers, fire alarms and elevators; and
WHEREAS, these bills include the Committee Substitute to SB 1196 & SB 1222 by Senators Mike Fasano (R � New Port Richey) and Jeremy Ring (D � Margate), SB 648 by Senator Mike Bennett (R - Bradenton), HB 561 by Representative Ellyn Bogdanoff (R � Fort Lauderdale), HB 663 by Representative Gary Aubuchon (R � Cape Coral); and
WHEREAS, this Board supports the efforts of these legislators to help millions of financially struggling residents of Florida related to retrofits,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to allow condominium associations the right to decide whether or not to incur the expense of retrofitting their condominium buildings with various life safety enhancements.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County's state lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2010 and 2011 State Legislative Packages.