Florida 2019 Regular Session Status: In Committee 1 R cosponsors

SB 908 — Firesafety Systems

Last action — Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 1393 (Ch. 2019-140), CS/CS/HB 7103 (Ch. 2019-165)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

323 added · 292 removed

323 line(s) added, 292 removed.

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Florida Senate - 2019 SB 908 By Senator Hooper 16-00954A-19 2019908__ A bill to be entitled An act relating to firesafety systems;
Florida Senate - 2019 CS for SB 908 By the Committee on Banking and Insurance;
and Senator Hooper 597-03202-19 2019908c1 A bill to be entitled An act relating to firesafety systems;
163.08, F.S.;
553.792, F.S.;
revising the definition of the term “qualifying improvement” to include improvements to retrofit existing high-rise residential condominiums with certain fire sprinkler systems;
requiring that a uniform fire alarm permit application, along with certain other information, be used and submitted to the local enforcement agency for any project requiring a fire alarm permit;
providing that such application may be submitted by certain means;
providing a signature requirement;
specifying information required in, and a form for, such applications;
providing applicability of certain building permit application procedures;
authorizing contractors, under certain circumstances, to begin repairs of fire alarm system upon filing the uniform fire alarm permit application;
633.216, F.S.;
conforming a cross-reference;
amending s.
requiring that certain fire protection system inspection reports be submitted pursuant to a statewide uniform set of procedures;
authorizing local authorities having jurisdiction to accept uniform summary inspection reports of certain fire hydrants and fire protection systems by certain means;
authorizing local authorities having jurisdiction to accept such reports by certain means;
requiring the State Fire Marshal to adopt rules implementing a uniform summary inspection report and certain submission procedures;
requiring the State Fire Marshal to adopt a certain rule;
providing requirements for such uniform report and procedures;
providing that such inspection reports may not be subject to certain requirements;
providing that such procedures may not require a contractor to submit certain information;
amending s.
718.120, F.S.;
authorizing condominium associations, under certain circumstances, to elect to be assessed certain taxes and assessments upon the condominium property as a whole;
specifying when such election must be made;
authorizing such associations to elect for condominium parcels to be assessed separately after certain conditions are met;
reenacting s.
288.9606(7)(c), F.S., relating to the issuance of revenue bonds, to incorporate the amendment made to s.
163.08, F.S., in a reference thereto;
57 Be It Enacted by the Legislature of the State of Florida:
58 Be It Enacted by the Legislature of the State of Florida:
59 Section 1. Paragraph (b) of subsection (2) of section 163.08, Florida Statutes, is amended to read:
60 Section 1. Section 553.792, Florida Statutes, is amended to read:
163.08 Supplemental authority for improvements to real property.— (2) As used in this section, the term:
553.792 Building permit application to local government;
(b) “Qualifying improvement” includes any:
fire alarm permit applications.— (1) Within 10 days of an applicant submitting an application to the local government, the local government shall advise the applicant what information, if any, is needed to deem the application properly completed in compliance with the filing requirements published by the local government.
1. Energy conservation and efficiency improvement, which is a measure to reduce consumption through conservation or a more efficient use of electricity, natural gas, propane, or other forms of energy on the property, including, but not limited to, air sealing;
If the local government does not provide written notice that the applicant has not submitted the properly completed application, the application shall be automatically deemed properly completed and accepted.
installation of insulation;
Within 45 days after receiving a completed application, a local government must notify an applicant if additional information is required for the local government to determine the sufficiency of the application, and shall specify the additional information that is required.
installation of energy efficient heating, cooling, or ventilation systems;
The applicant must submit the additional information to the local government or request that the local government act without the additional information.
building modifications to increase the use of daylight;
While the applicant responds to the request for additional information, the 120-day period described in this subsection is tolled.
replacement of windows;
Both parties may agree to a reasonable request for an extension of time, particularly in the event of a force major or other extraordinary circumstance.
installation of energy controls or energy recovery systems;
The local government must approve, approve with conditions, or deny the application within 120 days following receipt of a completed application.
installation of electric vehicle charging equipment;
(2) The procedures set forth in subsection (1) apply to the following building permit applications:
and installation of efficient lighting equipment.
accessory structure;
2. Renewable energy improvement, which is the installation of any system in which the electrical, mechanical, or thermal energy is produced from a method that uses one or more of the following fuels or energy sources:
alarm permit;
hydrogen, solar energy, geothermal energy, bioenergy, and wind energy.
nonresidential buildings less than 25,000 square feet;
3. Wind resistance improvement, which includes, but is not limited to:
electric;
a. Improving the strength of the roof deck attachment;
irrigation permit;
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b. Creating a secondary water barrier to prevent water intrusion;
landscaping;
c. Installing wind-resistant shingles;
mechanical;
d. Installing gable-end bracing;
plumbing;
e. Reinforcing roof-to-wall connections;
residential units other than a single family unit;
f. Installing storm shutters;
multifamily residential not exceeding 50 units;
or g. Installing opening protections.
roofing;
4. Improvement to retrofit an existing high-rise residential condominium with a fire sprinkler system in accordance with the Florida Fire Prevention Code adopted pursuant to s.
signs;
633.202, which includes:
site-plan approvals and subdivision plats not requiring public hearings or public notice;
a. Fire sprinkler systems and related improvements;
and lot grading and site alteration associated with the permit application set forth in this subsection.
or b. Engineered life safety system improvements.
The procedures set forth in subsection (1) do not apply to permits for any wireless communications facilities or when a law, agency rule, or local ordinance specify different timeframes for review of local building permit applications.
Section 2. Present subsections (4) and (5) of section 633.312, Florida Statutes, are redesignated as subsections (5) and (6), respectively, a new subsection (4) is added to that section, and subsection (3) of that section is republished, to read:
(3) For any project requiring a fire alarm permit, a uniform fire alarm permit application must be used and submitted to the local enforcement agency along with any required drawings, plans, and supporting documentation.
633.312 Inspection of fire control systems, fire hydrants, and fire protection systems.— (3) The inspecting contractor shall provide to the building owner or hydrant owner and the local authority having jurisdiction a copy of the applicable inspection report established under this chapter.
The uniform fire alarm permit application may be submitted electronically or by facsimile and must be signed by the owner, contractor, or authorized representative of either such person.
The maintenance of fire hydrant and fire protection systems as well as corrective actions on deficient systems is the responsibility of the owner of the system or hydrant.
The uniform fire alarm permit application must contain the following information in substantially the following form:
110 UNIFORM FIRE ALARM PERMIT APPLICATION 112 Tax Folio No.:
....
Application No.:
....
Owner or Representative Name:
....
Property Address:
....
City:
....
State:
....
Zip:
....
Phone:
....
Fee Simple Titleholder’s Name (if other than owner):
....
Fee Simple Titleholder’s Address (if other than owner):
....
Description of Work:
....
New Install ....
Replacement ....
Addition ....
Other ....
Construction Type:
....
Proposed Use:
....
Alarm Contractor’s Name:
....
Alarm Contractor’s Address:
....
City:
....
State:
....
Zip:
....
Phone:
....
Alarm Contractor’s License No:
....
131 Application is hereby made to obtain a permit to do the work and installation as indicated.
I certify that no work or installation has commenced before the filing of this permit application.
I certify that all of the foregoing information is true and accurate.
137 ...(Signature of Owner, Contractor, or Agent)...
Printed Name:
....
140 (4) The procedures set forth in subsection (1) do not apply to the installation or replacement of a fire alarm system if a plans review is not required by the local enforcement agency.
(5) For repairs to an existing fire alarm system that was previously permitted by the local enforcement agency, the contractor may begin the repair upon filing the uniform fire alarm permit application with the local enforcement agency.
Section 2. Subsection (1) of section 633.216, Florida Statutes, is amended to read:
633.216 Inspection of buildings and equipment;
orders;
firesafety inspection training requirements;
certification;
disciplinary action.—The State Fire Marshal and her or his agents or persons authorized to enforce laws and rules of the State Fire Marshal shall, at any reasonable hour, when the State Fire Marshal has reasonable cause to believe that a violation of this chapter or s.
509.215, or a rule adopted thereunder, or a minimum firesafety code adopted by the State Fire Marshal or a local authority, may exist, inspect any and all buildings and structures which are subject to the requirements of this chapter or s.
509.215 and rules adopted thereunder.
The authority to inspect shall extend to all equipment, vehicles, and chemicals which are located on or within the premises of any such building or structure.
(1) Each county, municipality, and special district that has firesafety enforcement responsibilities shall employ or contract with a firesafety inspector.
Except as provided in s.
633.312(2), and (3), and (4), the firesafety inspector must conduct all firesafety inspections that are required by law.
The governing body of a county, municipality, or special district that has firesafety enforcement responsibilities may provide a schedule of fees to pay only the costs of inspections conducted pursuant to this subsection and related administrative expenses.
Two or more counties, municipalities, or special districts that have firesafety enforcement responsibilities may jointly employ or contract with a firesafety inspector.
Section 3. Present subsections (4) and (5) of section 633.312, Florida Statutes, are redesignated as subsections (5) and (6), respectively, and subsection (3) of that section is amended, to read:
633.312 Inspection of fire control systems, fire hydrants, and fire protection systems.— (3)(a) The inspecting contractor shall provide to the building owner or hydrant owner and the local authority having jurisdiction a copy of the applicable uniform summary inspection report established under this chapter.
The local authority having jurisdiction may accept uniform summary inspection reports by United States mail, by hand delivery, by electronic submission, or through a third-party vendor that collects the reports on behalf of the local authority having jurisdiction.
(b) The State Fire Marshal shall adopt rules to implement a uniform summary inspection report and submission procedures to be used by all third-party vendors and local authorities having jurisdiction.
For purposes of this section, a uniform summary inspection report must record the address where the fire protection system or hydrant is located, the company and person conducting the inspection and their license number, the date of the inspection, and the fire protection system or hydrant inspection status, including a brief summary of each deficiency, critical deficiency, noncritical deficiency, or impairment found.
A contractor’s detailed inspection report is not required to follow the uniform summary inspection report format.
The State Fire Marshal shall establish by rule a submission procedure for each means provided under paragraph (a) by which a local authority having jurisdiction may accept uniform summary inspection reports.
Each of the submission procedures must allow a contractor to attach additional documents with the submission of a uniform summary inspection report, including a physical copy of the contractor’s detailed inspection report.
A submission procedure may not require a contractor to submit information contained within the detailed inspection report unless the information is required to be included in the uniform summary inspection report.
(4) The maintenance of fire hydrant and fire protection systems as well as corrective actions on deficient systems is the responsibility of the owner of the system or hydrant.
(4) A fire protection system inspection report provided by a contractor in accordance with subsection (3) must be submitted pursuant to a statewide uniform set of procedures.
Section 4. Paragraph (l) of subsection (2) of section 718.112, Florida Statutes, is amended to read:
A local authority having jurisdiction may accept such contractor inspection reports directly or through a third-party electronic submission vendor.
The State Fire Marshal shall adopt a rule requiring all third-party vendors or local authorities having jurisdiction to follow a standardized procedure, including:
(a) A uniform reporting format that must be used by all local authorities having jurisdiction and that is designed to reduce the amount of information a contractor must manually input into the system.
(b) A set of uniform submission procedures to be used by local authorities having jurisdiction or by vendors.
134 The rule must allow a contractor to attach additional documents, including the contractor’s detailed inspection report, to the submission.
A contractor’s inspection report is not required to follow a standardized format, and a vendor or local authority having jurisdiction may not require a contractor to enter the details of the inspection report or of the deficiency repair status into an electronic system.
Section 3. Paragraph (l) of subsection (2) of section 718.112, Florida Statutes, is amended to read:
184 If a residential condominium association fails to timely comply with the requirements of this subparagraph, the authority having jurisdiction shall assess a penalty against the association in the amount of $500 per day until it attains compliance.
268 If a residential condominium association fails to timely comply with the requirements of this subparagraph, the authority having jurisdiction shall assess a penalty against the association in the amount of $500 per day until it attains compliance.
Section 4. Section 718.120, Florida Statutes, is amended to read:
Section 5. This act shall take effect upon becoming a law.
718.120 Separate taxation of condominium parcels;
survival of declaration after tax sale;
assessment of timeshare estates;
assessment election after qualifying improvements.— (1) Ad valorem taxes, benefit taxes, and special assessments by taxing authorities shall be assessed against the condominium parcels and not upon the condominium property as a whole.
No ad valorem tax, benefit tax, or special assessment, including those made by special districts, drainage districts, or water management districts, may be separately assessed against recreational facilities or other common elements if such facilities or common elements are owned by the condominium association or are owned jointly by the owners of the condominium parcels.
Each condominium parcel shall be separately assessed for ad valorem taxes and special assessments as a single parcel.
The taxes and special assessments levied against each condominium parcel shall constitute a lien only upon the condominium parcel assessed and upon no other portion of the condominium property.
(2) All provisions of a declaration relating to a condominium parcel which has been sold for taxes or special assessments survive and are enforceable after the issuance of a tax deed or master’s deed, upon foreclosure of an assessment, a certificate or lien, a tax deed, tax certificate, or tax lien, to the same extent that they would be enforceable against a voluntary grantee of the title immediately prior to the delivery of the tax deed, master’s deed, or clerk’s certificate of title as provided in s.
197.573.
(3) Condominium property divided into fee timeshare real property shall be assessed for purposes of ad valorem taxes and special assessments as provided in s.
192.037.
(4) Notwithstanding subsection (1), a condominium association that elects to make a qualifying improvement under s.
163.08(2)(b)4.
may elect to be assessed upon the condominium property as a whole, rather than assigning to each unit owner a portion of the common area’s value.
Such election must be made to the taxing authorities before implementing such improvements.
Upon completion of the improvements and termination of any finance agreements under s.
163.08, a condominium association may elect that condominium property be assessed as provided under subsection (1).
Section 5. For the purpose of incorporating the amendment made by this act to section 163.08, Florida Statutes, in a reference thereto, paragraph (c) of subsection (7) of section 288.9606, Florida Statutes, is reenacted to read:
288.9606 Issue of revenue bonds.— (7) Notwithstanding any provision of this section, the corporation in its corporate capacity may, without authorization from a public agency under s.
163.01(7), issue revenue bonds or other evidence of indebtedness under this section to:
(c) If permitted by federal law, finance qualifying improvement projects within the state under s.
163.08.
Section 6. This act shall take effect upon becoming a law.
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Action History

  1. Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 1393 (Ch. 2019-140), CS/CS/HB 7103 (Ch. 2019-165)

  2. Substituted HB 647 (Died in returning Messages)

  3. Read 2nd time

  4. Retained on Special Order Calendar

  5. CS/CS/CS by Rules read 1st time

  6. Placed on Special Order Calendar, 04/25/19

  7. Placed on Calendar, on 2nd reading

  8. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  9. CS/CS/CS by- Rules; YEAS 14 NAYS 3

  10. On Committee agenda-- Rules, 04/23/19, 2:00 pm, 110 Senate Building

  11. CS/CS by Community Affairs read 1st time

  12. Now in Rules

  13. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  14. CS/CS by Community Affairs; YEAS 4 NAYS 1

  15. On Committee agenda-- Community Affairs, 04/02/19, 2:00 pm, 301 Senate Building

  16. CS by Banking and Insurance read 1st time

  17. Now in Community Affairs

  18. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  19. CS by Banking and Insurance; YEAS 7 NAYS 0

  20. On Committee agenda-- Banking and Insurance, 03/18/19, 4:00 pm, 412 Knott Building

  21. Introduced

  22. Referred to Banking and Insurance; Community Affairs; Rules

  23. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 14 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12200
Republican 2100
Total 14300
% of votes cast 82%18%0%0%
How each member voted (17)
Member Party Vote
Book — Nay
Farmer — Yea
Hutson — Yea
Thurston — Yea
Braynon — Yea
Flores — Yea
Lee — Yea
Montford — Yea
Simmons — Yea
Simpson — Yea
Stargel — Yea
Gibson — Yea
Benacquisto — Yea
Brandes — Nay
Bradley, Jennifer Republican Yea
Passidomo, Kathleen Republican Nay
Rodriguez, Ana Maria Republican Yea

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Subjects

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Frequently asked questions

Who sponsors SB 908?
SB 908 is sponsored by Hooper, Ed (Republican).
What is the current status of SB 908?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 908?
Track SB 908 free on One Click Politics — get push/email alerts when it moves.

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