Florida 2022 2022 Regular Session

Florida Senate Bill S1190 Analysis / Analysis

Filed 02/14/2022

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Rules  
 
BILL: SB 1190 
INTRODUCER:  Senator Boyd 
SUBJECT:  Two-way Radio Communication Enhancement Systems 
DATE: February 14, 2022 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Hackett Ryon CA Favorable 
2. Schrader Knudson BI Favorable 
3. Hackett Phelps RC Pre-meeting 
 
I. Summary: 
SB 1190 provides that two-way radio communication enhancement systems may be used to 
comply with a local authority’s minimum radio signal strength requirements, but may not be 
required by local fire authorities in apartment buildings that are 75 feet or less in height. 
 
Local fire authorities set minimum standards for radio signal strength throughout buildings 
within their jurisdictions in order to ensure consistent fire and rescue communication 
capabilities.  
 
The bill takes effect July 1, 2022. 
II. Present Situation: 
Florida Fire Prevention Code 
The State Fire Marshal, by rule, adopts the Florida Fire Prevention Code (Florida Fire Code), 
which contains all firesafety laws and rules that pertain to the design, construction, erection, 
alteration, modification, repair, and demolition of public and private buildings, structures, and 
facilities, and the enforcement of such firesafety laws and rules.
1
 The State Fire Marshal adopts a 
new edition of the Florida Fire Code every three years.
2
 The Florida Fire Code is largely based 
on the National Fire Protection Association’s (NFPA) Standard 1, Fire Prevention Code, along 
with the current edition of the Life Safety Code, NFPA 101.
3
 The 7
th
, and current, edition took 
effect on December 31, 2020.
4
 State law requires all municipalities, counties, and special 
districts with firesafety responsibilities to enforce the Florida Fire Code as the minimum fire 
                                                
1
 Fla. Admin. Code R. 69A-60.002. 
2
 Section 633.202(1), F.S. 
3
 Section 633.202(2), F.S. 
4
 Division of State Fire Marshal, Florida Fire Prevention Code, available at 
https://www.myfloridacfo.com/division/sfm/bfp/floridafirepreventioncodepage.htm (last visited Jan. 30, 2022). 
REVISED:   BILL: SB 1190   	Page 2 
 
prevention code to operate uniformly among local governments and in conjunction with the 
Florida Building Code.
5
 The Florida Fire Code applies to every building and structure throughout 
the state with few exceptions.
6
 Municipalities, counties, and special districts with firesafety 
responsibilities may supplement the Florida Fire Code with more stringent standards adopted in 
accordance with s. 633.208, F.S.
7
  
 
Radio Signal Strength for Fire Department Communications 
The life safety of firefighters and citizens depends on reliable, functional communication tools 
that work in the harshest and most hostile of environments. All firefighters, professional and 
volunteer, operate in extreme environments that are markedly different from those of any other 
radio users. The radio is the lifeline that connects the firefighters to command and outside 
assistance when in the most desperate of situations.
8
   
 
Modern focus on radio signal strength stems from difficulties experienced by firefighters 
attempting rescue operations on September 11, 2001, in the World Trade Towers, who found that 
in certain areas of the building their radio signal degraded, making live communication difficult 
or impossible.
9
 
 
Two-way radio communication enhancement systems are devices installed after a building is 
constructed that accept and then amplify radio signals used by first responders. A radio 
frequency site survey may be conducted in a building to determine areas where radio signal 
strength drops due to materials used in construction, such as thick walls, metal construction, 
underground structures, and low-emissivity glass windows. The generally desired effect is that 
radio signal strength at ground level, where a fire rescue operation might be based, is equal to the 
radio signal strength in all locations throughout the building, to ensure consistent 
communication. Several devices are available to boost signal strength to meet required radio 
signal strength. These include bi-directional amplifiers and networks of indoor antennae, referred 
to collectively as a distributed antenna system.
10
  
 
                                                
5
 Sections 633.108 and 633.208, F.S. 
6
 Section 633.208, F.S., and Fla. Admin. Code R. 69A-60.002(1). 
7
 Section 633.208(3), F.S., and Fla. Admin. Code R 69A-60.002(2). 
8
 Federal Emergency Management Agency, United States Fire Administration. Voice Radio Communications Guide for the 
Fire Service (June 2016), p. 1, available at 
https://www.usfa.fema.gov/downloads/pdf/publications/Voice_Radio_Communications_Guide_for_the_Fire_Service.pdf 
(last visited Jan. 30, 2022). 
9
 See Assessment of Total Evacuation Systems for Tall Buildings: Literature Review, National Fire Protection Association’s 
(NFPA), available at https://www.nfpa.org/-/media/Files/News-and-Research/Fire-statistics-and-reports/Executive-
summaries/evacsystemstallbuildingsliteraturereviewexecsum.ashx#:~:text=According%20to%20the%20definition%20of,floo
r%20of%20the%20highest%20occupiable (last visited Jan. 30, 2022) and Fire Engineering, World Trade Center Disaster: 
Initial Response, https://www.fireengineering.com/firefighting/world-trade-center-disaster-initial-response/#gref (Sep 1, 
2002) (last visited Jan 30, 2022). 
10
 See High-Rise Public Safety System Integrators, Treasure Island Fire Department, available at 
https://www.mytreasureisland.org/residents/departments/fire_dept/local_high-rise_public_safety_system_integrators.php 
(last visited Jan. 30, 2022); Information Bulletin: Two-Way Radio Communication Enhancement System Requirements, East 
Lake Tarpon Special Fire Control District, available at 
https://www.elfr.org/files/e2eae3cb2/Bulletin+East+Lake+Two+Way+Communications.pdf (last visited Jan. 30, 2022).  BILL: SB 1190   	Page 3 
 
Florida Fire Code Minimum Radio Signal Strength 
The Florida Fire Code provides that all new and existing buildings must maintain minimum radio 
signal strength at a level determined by the authority having jurisdiction (local fire authorities).
11
 
Where required by a local fire authority, two-way radio communication enhancement systems 
must comply with federal standards for installation, maintenance, and use of emergency services 
communications systems.
12
 Additionally, if a two-way radio communication enhancement 
system would have a negative impact on the operations of a facility, the local fire authority may 
accept an automatically activated emergency responder radio coverage system in the 
alternative.
13
 
 
Minimum Radio Signal Strength for High-rise Buildings 
Section 633.202(18), F.S., enacted in 2016
14
 and recently amended in 2021,
15
 provides that local 
fire authorities must determine minimum radio signal strength for fire department 
communications in all new and existing high-rise buildings. A high-rise building is a building 
greater than 75 feet in height where the building height is measured from the lowest level of fire 
department vehicle access to the floor of the highest story that can be occupied.
16
 Existing 
high-rise buildings are not required to comply with minimum radio strength requirements until 
January 1, 2025. However, by January 1, 2024, an existing building that is not in compliance 
with the requirements for minimum radio strength for fire department communications must 
apply for an appropriate permit for the required installation with the local government agency 
having jurisdiction and must demonstrate that the building will become compliant by January 1, 
2025. Existing apartment buildings are not required to comply until January 1, 2025. However, 
existing apartment buildings are required to apply for the appropriate permit for the required 
communications installation by January 1, 2024. 
 
A 2018 declaratory statement from the Department of Financial Services clarified that the 
compliance timeframes provided in s. 633.202(18), F.S., apply only to high-rise buildings and do 
not apply to buildings less than 75 feet in height.
17
 Thus, compliance with minimum radio signal 
strength requirements for non-high-rise buildings is controlled by s. 11.10 of the Florida Fire 
Code, which provides no grace periods or acceptable timeframes for compliance.  
III. Effect of Proposed Changes: 
Section 1 amends s. 633.202(18), F.S., to provide that two-way radio communication 
enhancement systems may be used to comply with a local authority’s minimum radio signal 
                                                
11
 Florida Fire Prevention Code (7th ed.) s. 11.10.1. The “authority having jurisdiction” is typically the designated head fire 
and rescue officer of the county, municipality, or special district with fire safety responsibilities over an area.  
12
 Florida Fire Prevention Code (7th ed.) s. 11.10.2. 
13
 Florida Fire Prevention Code (7th ed.) s. 11.10.3.  
14
 Ch. 2016-129, s. 27, L.O.F. At the time of its enactment, the subsection was s. 633.202(17), F.S. 
15
 Ch. 2021-113, s. 25, L.O.F. 
16
 NFPA 101, Life Safety Code, 2021 edition - Ch. 3.3.37.7. 
17
 Department of Financial Services Declaratory Statement, In the Matter of Charles B. Parks, Chief Florida Fire Code 
Official of Broward County, (April 18, 2018), available at https://www.doah.state.fl.us/FLAID/DFS/2018/DFS_217787-17-
DS_12042019_013047.pdf (last visited Jan. 30, 2022).  BILL: SB 1190   	Page 4 
 
strength requirements, but may not be required by local fire authorities for apartment buildings 
that are 75 feet or less in height. 
 
Section 2 provides that the bill takes effect July 1, 2022. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None identified. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
Apartment building owners may see positive impact from being able to utilize less costly 
improvement options to meet radio strength standards in certain buildings. 
C. Government Sector Impact: 
None. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None.  BILL: SB 1190   	Page 5 
 
VIII. Statutes Affected: 
This bill substantially amends section 633.202 of the Florida Statutes.   
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.