2017 Legislative Session

December 27, 2017 - Six years after Ellyn Bogdanoff's 2010 Opt-Out legislation enabled thousands of high-rise associations to forgo retrofitting a $multi-million fire sprinkler system, angry Fire Sprinkler association lobbyists hell bent on recovering the lost windfall dispatched an official from the Fire Marshal�s union to solicit the Office of State Fire Marshal for a �friendly� interpretation of the Florida Fire Prevention Code (FFPC).

Looking Back: 2017 Session

ELLYN SETNOR BOGDANOFF

The resulting May 4, 2016, Declaratory Statement authorized local Fire Marshalls to demand that thousands of Florida high-rise associations retrofit a $multi-million Engineered Life Safety System (ELSS) - an arbitrary stew of fire safety features that invariably includes a sprinkler system. Vested with broad Statutory discretion, many local Fire Marshals began rejecting any ELSS permit application that didn�t include a sprinkler system. Brazenly exceeding their authority, others simply ordered associations to install a sprinkler system, arrogantly specifying a hand-picked engineer and/or contractor for these installations.

MORAITIS EXPLAINS BILL TO COMMITTEE

SENATOR KATHLEEN PASSIDOMO

Angered by this mercenary scam to circumvent the intent of the legislature for the sole purpose of bloodletting $billions from association homeowners, Statehouse Representative George Moraitis (R � Fort Lauderdale) teamed with Association Advocate Ellyn Bogdanoff and State Senator Kathleen Passidomo (R � Naples) to file legislation providing associations with the right to opt-out of the costly ELSS. As Bogdanoff tenaciously battled with sprinkler lobbyists throughout the session, Moraitis told vetting committees that House Bill 653 would protect thousands of elderly retirees on fixed incomes who might otherwise be forced from their homes by the astronomical assessment. The legislators concurred. With one exception, every lawmaker in both chambers approved the bills.

GOVERNOR RICK SCOTT

FIRE IN GRENFELL, LONDON

In exchange for Governor Rick Scott's promise to approve the legislation, the bills were amended to require approval by 2/3 of the association�s voting interests to forgo an ELSS. Without extending a standard courtesy of first informing the bill�s sponsors, on June 26, 2017, the Governor broke his promise and vetoed the legislation, citing the June 14 fire at Grenfell Tower in London for his decision. Ironically, since the London fire was attributed to combustible aluminum cladding affixed to the building�s exterior, an ELSS wouldn�t have altered the outcome.

Round 2: Planning the 2018 Rematch

The next day, Bogdanoff notified the legislation's supporters �Our opposition seized the moment and in an abundance of political caution, Governor Scott vetoed the bill.� Concluding that the tragedy should not have impacted the ELSS opt-out, she remarked �We lost the battle but we have not lost the war. We will regroup and press on.� On July 18, 2017 Galt Mile officials met with Moraitis and Bogdanoff to discuss refiling the bill during the 2018 legislative session.

REP. GEORGE MORAITIS, PIO IERACI AND ELLYN BOGDANOFF

Bogdanoff opened with a rundown about how the veto changed the playing field. The legislative strategy would have to be reconfigured to preclude a replay of the 2017 aborted endgame. Bogdanoff said she would explore alternative new fire suppression technologies and harvest authoritative substantiation for the legislation, specifying recent contractor bids to additionally document the mind-boggling financial burden. She was also considering certain legal actions - possibly targeting local fire marshals who overstepped their authority or demonstrating that the ELSS is a blind for retrofitting fire sprinklers � thereby violating the 2010 opt-out statute.

HOUSE SPEAKER RICHARD CORCORAN AND SEN. PRES. JOE NEGRON

Moraitis and Bogdanoff detailed the procedural requirements for a veto override, exhorting its dependence on advocacy by the legislative leadership. They planned to discuss the legislation with Senate President Joe Negron and House Speaker Richard Corcoran, as their cooperation would also help facilitate an understanding with the Governor's office. Moraitis and Bogdanoff favored cloistering their preparations until they could coalesce the key elements of the strategy.

Citing �political complications� inherent in an election year session and a tragic July 14 fire in a Honolulu high-rise, Bogdanoff later suggested altering the near-term objective. In late August she proposed legislation to extend the December 31, 2019 ELSS installation deadline while convening a task force to study the cost and explore other options. In short � a holding action until she and Moraitis could cultivate traction with the legislative leadership � or after Governor Scott is term limited into another line of work on January 7, 2019. In early December, fate smiled � as House Speaker Richard Corcoran gave Mortaitis his blessing to refile the unadulterated ELSS Opt-Out bill. On December 12, Bogdanoff sent supporters a �First Update�, signaling that Round 2 of this struggle is underway. See for yourself. Read on... - [editor]

SENATOR GARY FARMER

Following the Governor�s veto, State Senator Kathleen Passidomo (R � Naples), who had previously filed the companion bill in the other chamber (Senate Bill 744), exclaimed her intention to withdraw from the 2018 effort. Later, she said she would participate. To dispel further confusion, Bogdanoff recruited Senator Gary Farmer (D � Broward), who won the Senate seat vacated by former State Senator Jeremy Ring. Since the recently redrawn Senate District 34 boundaries now include the entire Broward coast, Farmer represents the Galt Mile in the Florida Senate, as does Moraitis in the Statehouse. Ironically, when Bogdanoff filed her Fire Sprinkler Opt-Out legislation in 2010, Ring filed the companion bill in the Senate.

HOUSE SPEAKER RICHARD CORCORAN

House Speaker Richard Corcoran is a fearless political force of nature. Providing Moraitis with a green light to refile in 2018 will help rebuild credibility undermined by the 2017 gubernatorial flip-flop. Moraitis apparently considers Corcoran�s support sufficiently influential to set aside a legislative delay pending Scott�s departure or the threatened �political complications� of an election year session. Instead, he will dust off last year�s successful package and jump in with both feet.

The bill�s supporters face another challenge. Given the rigors of an election year playing field, the new team will need sufficient resources to effectively engage fire sprinkler association lobbyists with daunting deep pockets (and fire marshals on their payroll). While Moraitis and Farmer are paid by the state, Bogdanoff has to rely on contributions from those in the fiscal crosshairs of this ELSS mandate. As thousands of high-rise association homeowners threatened with a crippling assessment are apprised of the struggle�s resumption, their associations are asking the lawmakers about how they can help � an issue that Bogdanoff addresses in her �First Update�.

In high-rise associations across the state � including those on the Galt Mile, unit owners conversant with this issue have been pressuring association boards to increase their modest contributions to this effort � given the $multi-million alternative. However, time is short. Although the 60-day legislative session ordinarily begins on the first Tuesday after the first Monday in March, lawmakers seeking an extended post-session electioneering window voted to commence the 2018 session on January 9. Mirroring last year�s strategy, the team plans to hit the ground running and stay one step ahead of the opposition More to come... - [editor]

July 24, 2017 - In furtherance of a scheme hatched by Fire Sprinkler Association lobbyists to circumvent the statutory protection afforded to associations that opted out of a sprinkler retrofit, on May 4, 2016, a state bureaucrat issued a Declaratory Statement authorizing local Fire Marshalls to demand that thousands of Florida high-rise associations retrofit a $multi-million Engineered Life Safety System (ELSS) - an arbitrary collection of fire safety features that includes a sprinkler system.

REPRESENTATIVE GEORGE MORAITIS

Angered by a mercenary ploy to relegate the intent of the legislature, District 93 Statehouse Representative George Moraitis met with association officials last year to plan a response. On February 6, 2017 Moraitis issued a press release announcing his intention to file legislation �to protect condominium residents from overreaching regulation.�

SENATOR KATHLEEN PASSIDOMO

Later that day, Moraitis filed House Bill 653, which would allow association homeowners to decide whether or not they should install a $multi-million ELSS (which contains sprinklers) in high-rise association buildings that were code compliant when constructed and annually subjected to rigorous fire-safety inspections. The next day, Senator Kathleen Passidomo filed Senate Bill 744, a companion bill in the other chamber.

BOGDANOFF FIGHTS FOR RETROFIT RELIEF

The lawmakers were joined by former Statehouse Representative and Senator Ellyn Bogdanoff. Since members of the Fire Marshall's union openly employed by the Fire Sprinkler associations were fighting to preserve their anticipated windfall, Bogdanoff's unique experience in this arena would prove invaluable, having authored the original 2010 Sprinkler opt-out legislation. Throughout the committee review process, Bogdanoff turned potential opponents into supporters and repeatedly adapted the bills as required to insure their survival.

Despite relentless efforts to defeat the legislation by powerful Sprinkler Association lobbyists, the bills were passed favorably by three vetting committees in the Senate and four in the House. Ultimately, the legislation was approved unanimously in the House and overwhelmingly in the Senate (only one Senator opposed the bill). Moraitis, Passidomo and Bogdanoff delivered on their promise.

GOVERNOR RICK SCOTT

When Senator Kathleen Passidomo met with Governor Rick Scott in early April, the Governor promised to withhold a veto if the bills were amended to require approval by 2/3 of the association�s voting interests to forego an ELSS retrofit - in lieu of a simple majority. The Governor�s approval criteria were immediately incorporated into the legislation. Unfortunately, he didn�t keep his word.

ASSOCIATION ADVOCATE DONNA BERGER

On June 26, 2017, without informing Moraitis, Passidomo or Bogdanoff of his intention, the Governor vetoed the legislation, citing the June 14 fire at Grenfell Tower in London for his decision. Ironically, proliferation of the London fire was attributed to combustible aluminum cladding affixed to the building�s exterior (which is not protected by the features that comprise an ELSS). As observed by association advocate Donna Berger, �...it struck me as a failure to recognize the differences between the building codes in London, England and the very stringent building codes we have in Florida which are the strongest in our nation.�

Throughout the 2017 legislative session, Bogdanoff regularly updated associations across the State about the legislation�s progress, detailing the obstacles, recounting how they were overcome and warning about those that remained. The next day (June 27, 2017), Bogdanoff sent the following message to the legislation�s supporters (including Galt Mile officials): - [editor]

Few bills ever attract the overwhelming legislative support achieved by HB 653 in 2017. Its success was primarily due to quick thinking by Moraitis and Bogdanoff during the session and impeccable planning beforehand. Within days of the veto, Galt Mile officials received a blizzard of statewide inquiries from concerned association officials and residents, often laboring under the mistaken impression that HB 653 was their last chance to reverse this regulatory rip-off.

BOGDANOFF PLANS 2018 STRATEGY

REPRESENTATIVE GEORGE MORAITIS

At a July 18, 2017 meeting with Galt Mile officials, Moraitis and Bogdanoff discussed refiling the bill for the 2018 legislative session. Although the Gubernatorial veto was a political knee-jerk reaction to the world-wide coverage of the London fire, Moraitis and Bogdanoff outlined several strategies to preclude a potential replay in 2018, including � if need be � a veto override. Although it will require additional resources, Moraitis and Bogdanoff also plan to equip themselves with authoritative substantiation for the legislation (more on this later).

Mirroring last year�s successful preparation protocols, after researching the options discussed at the meeting, those measures deemed most effective will be incorporated into the 2018 legislative strategy. To avoid tipping off the opposition, participants agreed to keep the specific meeting details confidential until that strategy is finalized (over the summer).

FORT LAUDERDALE FIRE MARSHAL JEFF LUCAS

Although the statutory deadline for initiating an ELSS permit application passed on December 31, 2016, local Fire Marshal Jeff Lucas agreed to temporarily suspend enforcing the measure through the legislative session. Since the deadline for installing the ELSS is December 31, 2019, there are two more opportunities to cure this mercenary scam - the 2018 and 2019 legislative sessions.

Until then, associations can only be required to initiate an ELSS permit application. Although this enigmatic regulatory figment is structurally undefined, some engineers have charged associations roughly $15,000 to $25,000 to craft plans for an ELSS. Each impacted association will also have to decide the extent to which it will help fight this questionable mandate � considering its members� $multi-million alternative. More to come... - [editor]

REP. ELLYN BOGDANOFF FILES 2010 OPT-OUT BILL - HB 561

May 12, 2017 - Last May, an official from the Fire Marshals union played out a charade choreographed six years earlier, when the 2010 fire sprinkler opt-out legislation filed by then Statehouse Representative Ellyn Bogdanoff was on the verge of approval by the legislature. Unable to block Bogdanoff�s bill, Fire Marshals employed by the Fire Sprinkler Associations offered to withdraw opposition to the legislation if she agreed to remove an Engineered Life Safety System (ELSS) from the opt-out bill. Since an ELSS is an undefined stew of fire safety elements, the Fire Marshals told Bogdanoff that it would help associations and their fire safety engineers to frugally comply with local fire codes. Of course, that was just smoke.

Six years later, Fire Sprinkler Association lobbyists cashed in on the slop they sold to Bogdanoff. After dispatching an official from the Fire Marshals union to solicit a �friendly� interpretation of the Florida Fire Prevention Code (FFPC), they would leverage the resulting Declaratory Statement to demand the installation of an Emergency Life Safety System (ELSS) in thousands of Florida high-rise associations. Since local Fire Marshals enjoy sole statutory approval authority over any ELSS in their jurisdiction, the stage was set for a statewide $multi-billion bait and switch. Although barred from officially requiring sprinklers in associations that opted out, local Fire Marshals could reject any ELSS that didn�t include a $multi-million sprinkler system. Brazenly exceeding their authority, local Fire Marshals began ordering associations to immediately install sprinkler systems; others arrogantly specified an engineer and contractor for these installations.

FORT LAUDERDALE FIRE MARSHAL JEFF LUCAS

At a meeting with Galt Mile officials, Fort Lauderdale Fire Marshal Jeff Lucas disagreed with the basis for the Declaratory Statement, observing �I would think if you opt out, then you opt out of all,� and suggested that associations �pursue this issue with the State�. Lucas admonished that an ELSS would be more expensive than a sprinkler system, and most Galt Mile associations would have to cough up $millions. To provide the neighborhood association with an opportunity to legislatively address the Declaratory Statement during the upcoming session, he agreed to temporarily refrain from enforcing the measure.

ASSOCIATION ADVOCATE DONNA BERGER

Taking his advice, Galt Mile officials met with Statehouse Representative George Moraitis (R � Fort Lauderdale) and association advocate Donna Berger, who helped Ellyn Bogdanoff draft her 2010 fire sprinkler opt-out bill. Angered by a conspiracy to circumvent the intent of the legislature and bloodlet $billions from association homeowners,

REPRESENTATIVE GEORGE MORAITIS

Moraitis and State Senator Kathleen Passidomo (R � Naples) filed legislation that would provide associations with the right to opt-out of the costly ELSS. Given her intimate familiarity with the legislative process, the specific issues at stake and the slippery tactics of the same opponents she faced in 2010, former Representative and State Senator Ellyn Bogdanoff also headed to Tallahassee.

SENATOR KATHLEEN PASSIDOMO

Last month Bogdanoff updated Galt Mile officials about the legislation�s progress through the first half of the session, which was forwarded to thousands of Galt Mile residents facing $multi-million assessments. By mid-April, Moraitis� House Bill 653 had been vetted in two committees, and scheduled for two more. Passidomo�s Senate Bill 744 survived its first committee, with two to go. Bogdanoff�s reports covering the frenetic second half of the session follow next, including an endgame that proved a double-edged sword. As Week 7 was beginning on April 18, 2017, Bogdanoff sent the following snapshot. � [editor]

HOUSE CIVIL JUSTICE & CLAIMS SUBCOMMITTEE

On March 28, 2017, just before the bill was approved by the House Civil Justice and Claims Subcommittee (10 Yeas vs. 4 Nays), Fire Sprinkler Association lobbyists Buddy Dewar and William Stander advised the committee to kill the bill and force homeowners to buy fire sprinklers (dropping any pretense that the bill was about an ELSS). Arguing that the cost was reasonable, they cited a 2009 DBPR study in which one of six retrofit projects was estimated at $8633 per unit. Warning that retrofit proposals often include other improvements, they explained that unnecessary aesthetic upgrades were not required by code, but because �homeowners don�t like exposed pipes in the lobby and along their hallways.�

Upon returning to the podium, Moraitis told the Committee that walls and ceilings must be demolished when retrofitting a structure, and after the equipment is installed, restoring these walls and ceilings is neither optional, nor an �aesthetic upgrade�. Waving a document he submitted earlier, Moraitis declared �This is a current vendor proposal for $15,000 per unit.�

COMMUNITY ASSOCIATIONS INSTITUTE LOBBYIST TRAVIS MOORE

The panicking lobbyist mentioned by Bogdanoff was Travis Moore, who has ably supported the bill on behalf of the Community Associations Institute (CAI). Bogdanoff�s encounter with Moore took place on April 17, 2017, in the House Government Operations & Technology Appropriations Subcommittee, where a fiscal review had been mandated to address the controversial Condominium Termination issue discussed last month. As expected, Committee members explored the huge retrofit costs mandated by the fire code.

RICK BUTCHER OF THE FIRE MARSHALS UNION

COMMITTEE VICE CHAIR REP. NEIL COMBEE

Exclaiming that the cost was irrelevant, Rick Butcher from the Fire Marshals Union told the committee �If they didn�t think it was important, they wouldn't have put it in the code.� Committee Vice Chair Rep. Neil Combee (R � Polk County) asked Butcher, �Who are �they� � these folks who write the code?� Butcher explained, �It�s a technical committee. It�s done by a group of equipment experts in their field, and it�s passed to the national NFPA, which puts it into the fire code every 3 years.� Combee then asked �And these experts are people in the fire equipment business?� �Yes,� said Butcher, �Manufacturers and installers who want to make their equipment safer.� Combee retorted, �So, the people that make this stuff also make the rules about what goes into these buildings.� Butcher went mute. The Committee approved the bill by a vote of 11 Yeas vs. 2 Nays.

BOGDANOFF WITH FIREFIGHTERS

Earlier, Bogdanoff met with firefighters to elicit their concerns about the legislation. In contrast with the Fire Marshals who were paid lobbyists, they assured her that they had no problem with the bill, but asked if a sign could be placed on an association property indicating whether the common areas were sprinklered. Bogdanoff agreed to let the State Fire Marshall determine the location and size of the sign - although it wouldn�t be ostentatious. On April 29, with one week left in the session, Bogdanoff sent the following update about accelerating events - [editor]

HOUSE COMMERCE COMMITTEE

Moraitis� House bill was approved in the House Commerce Committee � its final committee stop � on April 24 (23 Yeas vs. 3 Nays) and sent to the House floor. Thanks to a fortunate scheduling quirk, on April 28, the Senate Bill finally cleared its last stop in the Senate Rules Committee (12 Yeas vs. 0 Nays). Although Ellyn was pleased that both bills were out of committee and parked on the floor, in the few remaining days, the legislation still had to be approved in both chambers. Tick Tock. On May 2, Ellyn squeezed out the following frenzied message - [editor]

While bouncing between the House, Senate and the Governor�s office, Moraitis and Bogdanoff had to quickly and convincingly resolve obstacles that commonly sink bills in the home stretch, by negotiating problematic concessions on the fly. Agreeing to sacrifices required for the legislation�s survival is colorfully characterized as �eating fleas�

Bogdanoff�s Flea Market

FORMER GOVERNOR JEB BUSH - VETO 1

FORMER GOVERNOR CHARLIE CRIST - VETO 2

In 2006 and 2009, shortly after Fire Sprinkler opt out bills were overwhelmingly approved in the House and Senate, a contingent of fire marshals employed by the Fire Sprinkler Associations convinced Governors Jeb Bush (in 2006) and Charlie Crist (in 2009) to veto the bills. This time, when the Fire Marshalls took a run at Governor Rick Scott during Week 5 of the session, Senator Passidomo was hot on their heels, and toughened the voting standard to deter a veto. To placate Scott, the bills would be amended to require that associations opt out of an ELSS by a two-thirds vote of the full membership, not a simple majority.

Not surprisingly, thousands of associations that voted to opt out of the sprinkler retrofit did so with the approval of 95% - 100% of the membership. As such, resetting the ELSS opt-out standard at two thirds of the voting interests shouldn�t adversely impact the outcome, given how a $multi-million assessment looms as the alternative.

REPRESENTATIVE J JOS� F�LIX D�AZ

FLORIDA SENATOR REN� GARCIA

In noting that �Rep. Diaz was amended onto the ELSS bill,� Bogdanoff is referring to legislation sponsored by Florida Senator Ren� Garcia (R - Hialeah), Florida Senator Jos� Javier Rodr�guez (D - Miami) and Statehouse Representative J Jos� F�lix D�az (R - Miami-Dade). In the House, Diaz filed House Bill 1237 (HB 1237) while Garcia and Rodriguez co-sponsored companion Senate Bill 1682 (SB 1682) in the other chamber. According to the DBPR, condos in Miami-Dade recorded the highest number of complaints of any Florida county for forged ballots, financial fraud, election irregularities, missing records, and disappearing funds. Of the 1,908 complaints received statewide, 566 were filed in Miami-Dade.

Armed with a scathing report by a Miami-Dade Grand Jury, the three Miami lawmakers hoped to rein in the criminal abuses by rogue boards and shady management companies that chronically proliferate in their districts. In short, Board members who are convicted of committing crimes will be subject to Felony charges. These include forging election ballot envelopes or voting certificates, the theft or embezzlement of association funds and destroying or concealing official records in furtherance of a crime. The bill also term limits board members after eight consecutive years, unless there are an insufficient number of candidates or if they are elected by a two-thirds supermajority of the full membership.

Although aware that certain provisions were problematic, Moraitis hesitantly agreed to incorporate the �Diaz� language to guarantee survival of the ELSS opt-out bill. If Moraitis� Bill hadn�t passed its final review in the House Commerce Committee � which Diaz chaired � it wouldn�t have reached the House floor. Additionally, the stand-alone version of the Miami condo bill (HB 1237) had already been unanimously approved in the House and Senate and enrolled by 2 p.m. on May 1, almost 2 hours before Moraitis agreed to add the language to his bill at 3:49 p.m. Unless it was vetoed by the Governor, the Miami condo legislation would be enacted whether or not it was included in the ELSS opt-out bill.

After noting Scott�s concern about criminal penalties for board members, Bogdanoff mentions other provisions that �carry some costs.� Since the bill will require condo associations with 150 or more units to publish a litany of association documents on a password protected web page, most associations will have to fund changes to their websites by the July 1, 2018 deadline. Shortly before Bogdanoff sent the above message on May 2, Moraitis� bill was unanimously approved by the full House (119 Yeas vs. 0 Nays).

Stepping into the Sunshine

Despite daunting odds, the next day brought the silver linings that Moraitis and Bogdanoff hunted for months. On May 3, 2017, Passidomo�s Senate Bill 744 was swapped out for the House Bill and laid on the table (euthanized). After Moraitis� House Bill 653 was approved by the full Senate (36 Yeas vs. 1 Nay), it was ordered enrolled at 12:09 p.m. � and packed off to the Governor�s desk.

If the bill survives the Governor�s veto pen - which it should - battalions of high rise association homeowners throughout the State will recover a right to forgo the huge special assessment that�s been hanging over our heads since last May (A detailed analysis of the legislation�s impact is forthcoming). Once armed with the Statutory ELSS Opt-Out, two issues remain central to avoiding a $multi-million assessment.

First, a minimum of two-thirds (2/3) of a high-rise association�s unit owners must cast a vote to opt-out of retrofitting an ELSS. Since this vote carries a �zero-sum� impact, owners who fail to cast a vote will be considered to have voted against the opt-out (and for an assessment). Second � and equally important � the vote must be conducted and subsequently registered according to the terms specified in the amended Statute. Since one regulatory misstep will void the vote�s impact � and trigger an assessment � the association�s attorney should organize and oversee the entire process.

FORMER GOV CHARLIE CRIST SIGNS 2010 SPRINKLER OPT-OUT BILL AT BEACH COMMUNITY CENTER

It�s also worth noting that a $multi-billion ambush by the deep-pocketed sprinkler associations � seemingly conceived and executed over the past six years � was thwarted by some sleepy retirees in Northeast Fort Lauderdale (fueled by contributions from association homeowners across the State). Not too shabby!

To punctuate the successful Statutory slugfest undertaken to reinstate our rights as homeowners, GMCA President Pio Ieraci has invited Governor Rick Scott to sign the bill into law at the Beach Community Center, mirroring a similar ceremonial bill-signing by Charlie Crist when Bogdanoff�s 2010 sprinkler retrofit opt-out legislation was enacted. Whether or not Scott will show up is currently running 6-5 and pick �em. More to come � [editor]

April 15, 2017 - When a skewed interpretation of the Florida Fire Prevention Code (FFPC) was implanted in a May 4, 2016 Declaratory Statement, it authorized local Fire Marshalls to demand that thousands of Florida high-rise associations retrofit a $multi-million Engineered Life Safety System (ELSS). Since an ELSS is an arbitrary collection of fire safety features that includes a sprinkler system, Sprinkler association lobbyists used the Declaratory Statement to circumvent the statutory sprinkler opt-out and realize a $multi-billion payday - at our expense.

REPRESENTATIVE GEORGE MORAITIS

Angered by a mercenary ploy to relegate the intent of the legislature, Representative George Moraitis filed House Bill 653,

SENATOR KATHLEEN PASSIDOMO

which would provide associations with the right to opt-out of the costly ELSS. Since members of the Fire Marshall's union openly employed by the Sprinkler associations are fighting to preserve their anticipated windfall, Association Advocate Ellyn Bogdanoff - who sponsored the 2010 Sprinkler opt-out legislation - is lobbying on behalf of Moraitis� bill. Florida Senator Kathleen Passidomo filed Senate Bill 744, a companion bill in the other chamber.

A former State Senator, Bogdanoff regularly updates associations across the State about the legislation�s progress, recounting the obstacles that were overcome and those that remain. On April 8, 2017, she sent the following message to GMCA officials to help update thousands of Galt Mile residents threatened with this questionable $multi-million assessment - [editor]

The �association termination� provision mentioned by Bogsdanoff refers to the unintended consequences of a glitch in Condominium law. As of 2007, an investor who buys 80 percent of the condos in a complex can vote to convert the complex into apartments and force the remaining individual owners to sell and get out, unless the condo�s governing documents state otherwise. .

Before 2007, converting a condominium required the consent of every unit owner. Hurricane-damaged, insolvent and obsolete properties often sat vacant because developers had trouble getting consent from elderly and out-of-state owners who abandoned an uninhabitable property. Unit owners in Condominiums that were no longer functional were stuck with properties they could neither sell nor use, creating a terrible hardship. All it took was one unreachable owner to thwart a much-needed condo termination.

BROWARD COMM. & FORMER FLA. SEN. STEVE GELLER

Former Senate Minority Leader Steve Geller (D-Cooper City), currently District 5 Broward Commissioner, began working with the Florida Bar to draft legislation that would lower the threshold for condominium terminations to 80 percent owner approval, unless 10% of the owners objected. When it passed both chambers in 2006, it was vetoed by former Governor Jeb Bush, whose veto message insightfully admonished that it may cloak �unintended consequences.� Tweaked and refiled in 2007, after Senate Bill 314 was overwhelmingly approved by lawmakers (only one �Nay� in the House), the measure was signed into law by former Governor Charlie Crist.

SENATOR JACK LATVALA

The termination provision discussed by Bogdanoff seeks to protect unit owners (and their tenants) from predatory bulk buyers by reducing the percentage of association members required to reject a termination plan from 10% to 5%. If rejected, the legislation also extends how long a bulk buyer must wait before submitting another termination plan � from 18 months to 24 months. Since the termination language is patterned after provisions in Senate Bill 1520 by Senator Jack Latvala (R-Clearwater) � which should easily be approved � its inclusion in Moraitis� bill is extraneous.

As observed by Bogdanoff, it was originally anticipated that Moraitis� House Bill 653 would precede its Senate companion (SB 744) to the floor, and hopefully to the Governor�s desk. However, following its approval by the House Civil Justice & Claims Subcommittee on March 28 (10 Yeas vs. 4 Nays), instead of heading to its final stop in the House Commerce Committee, HB 653 was diverted on March 31 to the House Government Operations & Technology Appropriations Subcommittee for a fiscal review mandated by the termination issue. This unforeseen detour prompted Bogdanoff�s plan to facilitate the Senate Bill through its remaining committee stops, so if the House Bill runs out of time, the approved Senate version (without the redundant termination language) can be bundled off to the House for a vote, and then to the Governor�s desk. More to come... - [editor]

March 27, 2017 - In 2002, Florida lawmakers passed a clandestine bill crafted by Fire Sprinkler Association lobbyists that required every Florida Community Association housed in a structure 75 feet above grade � without an exterior exit access from every dwelling unit � to install a full fire sprinkler system. In 2010, former Statehouse Representative (and later State Senator) Ellyn Bogdanoff filed House Bill 561. Unanimously approved in the House and Senate, the statute empowered association unit owners to decide by a full membership vote whether or not it was in their best interests to retrofit their home with a $multimillion fire sprinkler system. Unit owners in tens of thousands of Florida Associations voted to opt-out of the retrofit requirement.

On May 4, 2016, a State official issued a questionable interpretation of the Florida Fire Code (AKA: a Declaratory Statement) that would require associations to alternatively install an Engineered Life Safety System (ELSS). An undefined blend of fire safety elements (which once again includes fire sprinklers), Fort Lauderdale Fire Marshal Jeff Lucas characterized an ELSS as �more expensive than the sprinklers�. Upon learning how a bureaucrat circumvented State Law, Statehouse Representative George Moraitis filed House Bill 653 on February 6, 2017. The bill will empower association unit owners to decide - by a full membership vote - whether their association should fund a $multimillion ELSS. On February 7, 2017, Senator Kathleen Passidomo filed companion Senate Bill 744 in the other chamber.

FORT LAUDERDALE FIRE MARSHAL JEFF LUCAS

Having authored the original sprinkler opt-out legislation, associations across the State � including the Galt Mile � contacted Bogdanoff to help address a regulatory ambush launched on behalf of Fire Sprinkler Association lobbyists. Before heading to Tallahassee in support of Moraitis� ELSS opt-out legislation, Bogdanoff warned �This will be a huge fight against the special interests that profit from this requirement and those that have little evidence that installing an ELSS is necessary for the safety of residents.�

Working with Association Advocates Donna Berger and Executive Director Yeline Goin of the Community Association Leadership Lobby (CALL), Bogdanoff updates thousands of concerned unit owners across the State with a weekly legislative progress report, while interactively harvesting current information relevant to this issue. The following two summaries were received on March 17 and March 24, 2017, and cover the bill's journey during the second and third weeks in the session. - [editor]

ELSS LEGISLATION IN TALLAHASSEE

On Tuesday, March 21, 2017, Rep. Moraitis� House Bill 653 was voted favorably (8 Yeas vs. 5 Nays) in the House Careers and Competition Subcommittee. The bill is scheduled for review by the House Civil Justice and Claims Subcommittee on Tuesday, March 28, 2017 at 3:30 PM in Summer Hall at 404 House Office Building, the second of ten bills on the agenda. As observed by Bogdanoff, Moraitis is one of 15 lawmakers who serve on the Committee. Once approved, the legislation will be vetted by the House Commerce Committee before moving to the House floor for a vote by the entire House of Representatives.

Also on Tuesday, March 28, 2017, Senator Passidomo's companion bill in the upper chamber, Senate Bill 744, will be reviewed in the Senate Committee on Regulated Industries at 11 a.m. The first of three Senate Committee stops, the legislation will also be vetted by the Senate Committee on Judiciary and the Senate Committee on Rules before the measure is placed on the Calendar for a vote by the full Senate. More to come... - [editor]

On February 6, 2017, former Statehouse Representative and Florida State Senator Ellyn Bogdanoff, who sponsored the 2010 sprinkler opt-out legislation, defined this dilemma in an editorial opinion published in the Sun Sentinel and the Florida Condo & HOA Law Blog. For her take on this scam, read on:

Although the Florida Fire Prevention Code encompasses thousands of provisional code snippets transferred annually from the National Fire Protection Association's Fire Code (NFPA 1) and Life Safety Code (NFPA 101), only one of them (FFPC 101:31.3.5.11.4) loosely describes an ELSS. It must be "developed by a registered professional engineer experienced in fire and life safety system design, approved by the Authority Having Jurisdiction (AHJ), and include some or all of the following: partial automatic sprinkler protection, smoke detection systems, smoke control systems, compartmentation, and other approved systems.

As the "Authority Having Jurisdiction" local Fire Marshals are equipped with virtually unlimited approval authority. Since an ELSS is an undefined blend of fire safety elements, ethically challenged local Fire Marshals can reject offhand any system that doesn't contain their personal wish list of features, or isn't installed by their hand-picked engineer and contractor. God Bless the Sunshine State.

Moraitis Press Release

On February 6, 2017, District 93 Statehouse Representative George Moraitis issued a press release (see below) - announcing his sponsorship of a bill that will allow high rise association homeowners to decide whether or not they should spend $millions to retrofit their home with sprinklers or an ELSS.

Make no mistake; sprinkler lobbyists are playing political hardball. They had no intention of leaving $billions in projected revenues on the table following passage of the 2010 sprinkler retrofit relief amendment. After six years of failing to convince lawmakers to mandate another mass purchase of sprinkler systems, the Sprinkler Associations devised a plan to circumvent the statutory relief. Once the 2016 legislative session ended on March 11, 2016, a high-ranking official in the Fire Marshals union put the plan in motion.

BOCA RATON FIRE MARSHAL DAVID WOODSIDE

On March 17, 2016, Boca Raton Fire Marshal David Woodside � current President of the Florida Fire Marshals and Inspectors Association (FFMIA) � petitioned the Florida Office of State Fire Marshal for a response to 3 questions about how high-rise buildings are affected by the Florida Fire Prevention Code (FFPC). As per state law, the responses comprise an official opinion, also known as a Declaratory Statement.

FLORIDA DEPUTY CHIEF FINANCIAL OFFICER JAY ETHERIDGE

The questions were channeled to Deputy Chief Financial Officer Jay Etheridge. Ironically, the Florida Fire Prevention code doesn't require high rise associations to install an ELSS. It simply provides that associations with an ELSS or an exterior exit access from every dwelling unit needn�t install an automatic sprinkler system. Woodside and the sprinkler lobbyists needed Etheridge to officially twist this exemption into a mandate.

Etheridge obligingly crafted an answer that would authorize local fire marshals to deliver $billions in association funds to the sprinkler industry, despite a glaring lack of any documented safety benefit. In 2010, when Sprinkler lobbyists toured the House floor to ply lawmakers with hypothetical Towering Inferno scenarios, Former Statehouse Representative (and later State Senator) Ellyn Bogdanoff rebutted the melodramatic assaults with official data from State records, imparting, �In 30 years, not one injury resulted from an association�s failure to perform a sprinkler retrofit.�

CHUCK AKERS - FORMER FFMIA & AFSA EXECUTIVE DIRECTOR

Since Fire Marshals are supposed to be public advocates, why are local Fire Marshals in certain jurisdictions ordering associations to immediately retrofit $multi-million sprinkler systems (as confirmed by Bogdanoffl), when the ELSS installation deadline is December 31, 2019? In short, key Fire Marshals are paid by the Sprinkler Associations to move industry product. Consider this:

THE LATE STEVEN RANDALL FORMER FFMIA PRESIDENT & NFSA SOUTH REG. DIRECTOR

When Bogdanoff filed her retrofit relief bill in 2010 - House Bill 561 - the Executive Director of the Florida Fire Marshals and Inspectors Association (FFMIA) was veteran Fire Marshal Chuck Akers. Simultaneously, Akers served as Executive Director of the American Fire Sprinkler Association, an industry trade group charged with boosting sprinkler sales.

FFMIA's & NFSA's BUDDY DEWAR

An FFMIA past President, the late Steven Randall, was also the South Central Regional Manager of the National Fire Sprinkler Association until he retired. FFMIA lifetime member Buddy Dewar is the National Fire Sprinkler Association�s Vice President of Regional Operations, and the Florida Fire Sprinkler Association�s Lobbyist and Legislative Liaison. In a nutshell, these icons in the Fire Marshal Union make a bundle selling sprinklers. To exploit the respect naturally afforded the uniform, others serve as window dressing for Sprinkler Association lobbyists �working the floor� in the House or Senate. You do the math.

FORT LAUDERDALE FIRE MARSHAL JEFF LUCAS

In contrast with many of his peers, Fort Lauderdale Fire Marshal Jeff Lucas appears fair-minded and forthright. At a meeting with Galt Mile officials, Lucas disagreed with Etheridge�s slippery interpretation of the Fire code, observing �I would think if you opt out, then you opt out of all,� and suggested that associations �pursue this with the State�.

Unless this scam is blocked by our lawmakers in Tallahassee, one of the costliest rip-offs in Florida history will parboil the family budgets of association homeowners across the State, including those of more than a million elderly retirees on fixed incomes. On February 6, Statehouse Representative George Moraitis filed House Bill 653 (HB 653), which would enable associations to opt-out of an ELSS retrofit. Florida Senator Kathleen Passidomo filed companion Senate Bill 744 (SB 744) in the other chamber on February 16, 2017. They are working with Ellyn Bogdanoff and Association Advocate Donna Berger to beat back this ambush. On the bright side, this isn�t their first time at the dance. More to come...

To GMCA HOME

To ISSUES INDEX

To TALLAHASSEE POLITICS PAGE

To TALLAHASSEE ARCHIVE

To TALLAHASSEE ARCHIVE - 2017

To TALLAHASSEE ARCHIVE - 2016

To TALLAHASSEE ARCHIVE - 2015

To TALLAHASSEE ARCHIVE - 2014

To TALLAHASSEE ARCHIVE - 2013

To TALLAHASSEE ARCHIVE - 2012

To TALLAHASSEE ARCHIVE - 2011

To TALLAHASSEE ARCHIVE - 2010

To TALLAHASSEE ARCHIVE - 2009

To TALLAHASSEE ARCHIVE - 2008

To TALLAHASSEE ARCHIVE - 2007

To TALLAHASSEE ARCHIVE - 2006

To TALLAHASSEE ARCHIVE - 2005

To TALLAHASSEE ARCHIVE - 2004

To TALLAHASSEE ARCHIVE - 2003

To FIRE SAFETY PAGE

To SHORE PROTECTION PAGE

To EMERGENCY ROOM PAGE

To CITY OF FORT LAUDERDALE PAGE

To FORT LAUDERDALE BUDGET CRISIS PAGE

To BROWARD COUNTY PAGE

To BROWARD COUNTY PROPERTY APPRAISER PAGE

To AUTOMATED EXTERNAL DEFIBRILLATOR PAGE

To CALYPSO GASWORKS PAGE

To 32^nd STREET ALLEY PAGE

To FLPD CRIME STATISTICS

To MAIN PAGE

To GOVERNANCE

To REPORT CARD

To LAWS & STATUTES

To GOVERNMENT LINKS

Click To Top of Page