Chapter 3: Legal Update 2023-2024 3 CE Hours
Expiration Date : Febuary 5, 2026 Learning objectives
After completing this course, the learner will be able to: Understand the state legislature purpose and process. Recognize legal matters concerning community associations. Course overview We designed this course to summarize and explore issues and concerns that were signed into law and affect community associations during the regular and special Florida legislation sessions in 2022, and the regular session in 2023. See the Chart
Understand amendments made to the statutes for community associations. Understand rule making.
of Florida Legislation for a full list of laws covered in this course. Throughout the course, text with a line through it indicates information that was changed or deleted; text that is underlined indicates information that was added by legislature.
2022 FLORIDA LEGISLATIVE SESSIONS - PASSED LAWS
Florida Fire Prevention Code - Broward County [Section F-101 General, Effective April 24, 2022] Summary Just to identify some of the provisions amended into to the Florida Fire Prevention Code (FFPC) that apply to all new and existing buildings and sets forth a maximum of 18 months from April 24, 2022 to comply with the new ordinances. These new provisions apply to all incorporated and unincorporated areas in Broward County, Florida. The provisions of this code shall apply to new and existing buildings or structures who meet the requirements of the local amendments according to the FFPC, a 10-story building must have these devices installed on the 1st, 3rd, 5th, 7th, and 9th floors before October 24, 2023. Both automated external defibrillator (AED) and stop the bleed kit (SBK) devices must also be verified on an annual basis. The Broward County amendments to the FFPC include other important regulations concerning placement, signage, housing, maintenance, mandatory periodic training, and other requirements. Additionally, the person offering AED assistance must call 911 immediately prior to or upon the use thereof. The FFPC was amended to include the following: ● F-101.2.2 Definitions added item V. External Defibrillator (AED); item W. Stop the Bleed Kit (SBK); ● F-108.9.3 was amended to read: ○ All new and existing automatic entry gates installed in either commercial or multifamily communities shall be provided with a universal access system, approved by the Fire Prevention subcommittee of the Fire Chiefs Association or Broward County, to allow rapid entry. Existing applications may be provided up to one (1) year to complete as approved by the AHJ. ○ F-121 Automated External Defibrillator (AED) and Stop the Bleed Kit (SBK) ○ F-121.1.1 All new and existing buildings needing to comply with the following sections, shall be provided a maximum eighteen (18) months from the date approved Rights of Owners [Chapter 2022-183, HB 045, Effective July 1, 2022] Summary This amendment was made to F.S. 720. 304 and 718.113(4). It is related to homeowners’ association members rights to display certain flags on their parcel. The amendment to F.S. 720.304 added the United States Space Force (USSF) as the space service branch of the U.S. Armed Forces as an additional military service flag. The statutes were amended to read:
by the Broward County Board of Rules and Appeals to comply. ○ F-121.2 AED(s) and SBK(S) shall be installed in the following occupancies as defined in NFPA 101, Life Safety Code. ○ F-121.2.1 Assembly occupancy : to include fitness centers, gyms, indoor recreational centers in excess of 1,500 square feet; theaters, restaurants, drinking establishments with a capacity of 100 or greater; places of worship with a capacity of 100 or greater. ○ F-121.2.7 Residential occupancy : to include hotels/ motels; multi-story residential/dormitory buildings five floors or more; ○ F-121.2.7.1 Multi story occupancies listed above shall place an AED and SBK on every other floor beginning on the first floor. The AED and SBK shall be placed near the elevator(s) beginning in the first-floor lobby (first floor, third floor, fifth floor etc.) The importance of an AED, according to the American Heart Association, is high considering that the technological advances have significantly lowered the number of deaths due to sudden cardiac arrest. A question for a community association may be, “Is the liability worth the risk?” While Florida community associations are not generally required to install AED devices on association property and/ or fitness facilities, that is not the case for Broward County. When installing AED devices, associations must ensure that all parties (i.e., property management, board of directors, residents, and other authorized users) understand the potential liability associated with the use of an AED and the protections afforded to them under Florida law. Reference : For a full list of the amendments and more details concerning this code changes, see Florida Fire Prevention Code – Broward County. ● F.S. 720.304(2)(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 4 1/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.
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Book Code: CAMFL1524
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