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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to public safety emergency 2
communications systems; amending s. 553.79, F.S.; 3
requiring a licensed contractor to submit a design for 4
a two-way radio communication enhancement system under 5
certain circumstances; prohibiting the local authority 6
having jurisdiction from withholding a temporary 7
certificate of occupancy solely on the need for a two -8
way radio communication enhancement system; requiring 9
the installation of such a system within a certain 10
timeframe after the local authority having 11
jurisdiction approves the design; prohibiting 12
extensions of a temporary certificate of occupancy 13
from being unnecessarily withheld; amending s. 14
633.202, F.S.; requiring new and existing buildings to 15
meet certain requirements in the Florida Fire 16
Prevention Code; authorizing the local authority 17
having jurisdiction to require the installation of a 18
two-way radio communication enhancement system or an 19
assessment of a building's interior radio coverage and 20
signal strength under certain circumstances; limiting 21
the number of times that the local authority having 22
jurisdiction may require such assessment; providing 23
exceptions; requiring certain consent to be obtain ed 24
and maintained in a specified manner; specifying that 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a two-way radio communication enhancement system and a 26
minimum radio strength assessment are not required 27
under certain circumstances; requiring the local 28
authority having jurisdiction to give certai n owners a 29
specified amount of time to complete certain 30
modifications or retrofitting; specifying when such 31
time period begins; providing exceptions; providing 32
applicability; prohibiting the local authority having 33
jurisdiction from enforcing certain requir ements; 34
requiring the State Fire Marshal to incorporate the 35
changes made by this act into the Florida Fire 36
Prevention Code; authorizing the State Fire Marshal to 37
adopt rules; amending s. 843.16, F.S.; exempting 38
certain installations of two -way radio communication 39
enhancement systems from a certain prohibition; 40
amending s. 440.103, F.S.; conforming a cross -41
reference; providing an effective date. 42
43
Be It Enacted by the Legislature of the State of Florida: 44
45
Section 1. Subsections (23), (24), and (25) of section 46
553.79, Florida Statutes, are renumbered as subsections (24), 47
(25), and (26), respectively, and a new subsection (23) is added 48
to that section to read: 49
553.79 Permits; applications; issuance; inspections. — 50
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(23) If an assessment of a new buildi ng's interior radio 51
coverage and signal strength under the Florida Fire Prevention 52
Code determines that installation of a two -way radio 53
communication enhancement system is required, a contractor 54
having the appropriate license issued by the department must 55
submit a design to the local authority having jurisdiction for a 56
two-way radio communication enhancement system to correct 57
noncompliant radio coverage. The local authority having 58
jurisdiction may not withhold issuance of a temporary 59
certificate of occupanc y for the building based solely on the 60
need for a two-way radio communication enhancement system. Upon 61
approval of the design by the local authority having 62
jurisdiction, the jurisdiction must require the installation of 63
the two-way radio communication enha ncement system within 12 64
months after the issuance of a temporary certificate of 65
occupancy. An extension for a temporary certificate of occupancy 66
may not be unnecessarily withheld. 67
Section 2. Subsection (18) of section 633.202, Florida 68
Statutes, is amended to read: 69
633.202 Florida Fire Prevention Code. — 70
(18)(a) The local authority having jurisdiction shall 71
determine the minimum radio signal strength for fire department 72
communications in all new and existing buildings. Two -way radio 73
communication enhancement systems or equivalent systems may be 74
used to comply with the minimum radio signal strength 75
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requirements. However, two -way radio communication enhancement 76
systems or equivalent systems are not required in apartment 77
buildings 75 feet or less in heig ht that are constructed using 78
wood framing, provided that the building has less than 150 79
dwelling units and that all dwelling units discharge to the 80
exterior or to a corridor that leads directly to an exit as 81
defined by the Florida Building Code. Evidence of wood frame 82
construction shall be shown by the owner providing building 83
permit documentation which identifies the construction type as 84
wood frame. Existing high -rise buildings as defined by the 85
Florida Building Code are not required to comply with minimu m 86
radio strength for fire department communications and two -way 87
radio communication enhancement systems as required by the 88
Florida Fire Prevention Code until January 1, 2025. However, by 89
January 1, 2024, an existing high -rise building that is not in 90
compliance with the requirements for minimum radio strength for 91
fire department communications must apply for an appropriate 92
permit for the required installation with the local government 93
agency having jurisdiction and must demonstrate that the 94
building will become compliant by January 1, 2025. Existing 95
high-rise apartment buildings are not required to comply until 96
January 1, 2025. However, existing high -rise apartment buildings 97
are required to apply for the appropriate permit for the 98
required communications inst allation by January 1, 2024. 99
(b) Except as provided in this subsection, all new and 100
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existing buildings must meet the minimum radio signal strength 101
requirements for public safety agency communications as provided 102
in the Florida Fire Prevention Code. 103
(c) The local authority having jurisdiction as defined in 104
the Florida Fire Prevention Code may require: 105
1. The installation of a two -way radio communication 106
enhancement system in a new or existing building if the interior 107
of the building does not meet the m inimum radio signal strength 108
as required in the Florida Fire Prevention Code. 109
2. An assessment of a new or existing building's interior 110
radio coverage and signal strength, for purposes of determining 111
the need for a two-way radio communication enhancement system 112
within the building, not more frequently than once every 3 years 113
for an existing high -rise building and an existing building 114
having more than 12,000 total gross square feet and once every 5 115
years for all other existing buildings, unless: 116
a. Such building undergoes Level III building alteration 117
or rehabilitation as defined in the Florida Building Code; 118
b. Such building undergoes reconstruction as determined by 119
the Florida Fire Prevention Code; 120
c. A public safety agency reports to the local authority 121
having jurisdiction that the agency's communication devices 122
failed to function correctly inside a building due to poor 123
signal coverage; or 124
d. A building is determined to be an imminent life safety 125
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threat to first responders. 126
(d) Any modification to an existing system or any 127
installation of a new system must have the express consent of 128
the frequency licenseholder of the frequencies for which the 129
system is intended to amplify. The consent must be m aintained in 130
a recordable format that can be presented to a Federal 131
Communications Commission representative or other relevant 132
agency investigating radio interference. 133
(e) If public safety agency communications signal strength 134
or delivered audio quality, as defined in the Florida Fire 135
Prevention Code, is determined by the local authority having 136
jurisdiction to be inadequate at the exterior of the building, a 137
two-way radio communication enhancement system or minimum radio 138
strength assessment is not require d. 139
(f) If a local authority having jurisdiction modifies its 140
public safety emergency communication system such that 141
modifications to existing two -way radio communication 142
enhancement system installations are required, the local 143
authority having jurisdicti on must give owners of the existing 144
two-way radio communication enhancement systems at least 180 145
days' notice before requiring any modification. 146
(g) Notwithstanding paragraph (f), a local authority 147
having jurisdiction that requires an existing building t o 148
retrofit its two-way radio communication enhancement system 149
after the effective dates in paragraph (a) must give the 150
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building owner at least 1 year to complete the retrofit. The 1 -151
year period begins when the local authority having jurisdiction 152
cites the building owner with a notice of code violation in 153
accordance with chapter 162. 154
(h) The following occupancies or buildings are not 155
required to meet minimum radio signal strength requirements or 156
have a radio signal strength assessment for public safety age ncy 157
communications: 158
1. One- and two-family dwellings and townhouses. 159
2. Buildings having less than 12,000 total gross square 160
feet with no underground areas. 161
3. Apartments and transient public lodging establishments 162
that are less than three stories hi gh and that have direct 163
access from the apartment or guest area to an exterior means of 164
egress. 165
4. Wood frame apartment buildings that are not required to 166
install two-way radio communication enhancement systems or 167
equivalent systems pursuant to paragraph (a). 168
(i) The provisions of s. 633.208 and this section which 169
authorize local adoption of more stringent requirements than 170
those specified in the Florida Fire Prevention Code and minimum 171
firesafety codes do not apply to the requirements in this 172
subsection. The local authority having jurisdiction may not 173
enforce requirements that are more stringent than those 174
specified in the Florida Fire Prevention Code and this 175
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subsection with respect to the requirement for, design of, or 176
installation of a two -way radio communication enhancement 177
system. 178
(j) The State Fire Marshal shall incorporate this 179
subsection into the Florida Fire Prevention Code and may adopt 180
rules to implement, interpret, and enforce this subsection. 181
Section 3. Paragraph (f) is added to subsec tion (3) of 182
section 843.16, Florida Statutes, to read: 183
843.16 Unlawful to install or transport radio equipment 184
using assigned frequency of state or law enforcement officers; 185
definitions; exceptions; penalties. — 186
(3) This section does not apply to the fo llowing: 187
(f) The installation of a two -way radio communication 188
enhancement system to comply with the requirements of s. 189
633.202(18). 190
Section 4. Section 440.103, Florida Statutes, is amended 191
to read: 192
440.103 Building permits; identification of minim um 193
premium policy.—Every employer shall, as a condition to applying 194
for and receiving a building permit, show proof and certify to 195
the permit issuer that it has secured compensation for its 196
employees under this chapter as provided in ss. 440.10 and 197
440.38. Such proof of compensation must be evidenced by a 198
certificate of coverage issued by the carrier, a valid exemption 199
certificate approved by the department, or a copy of the 200
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employer's authority to self -insure and shall be presented, 201
electronically or physi cally, each time the employer applies for 202
a building permit. As provided in s. 553.79(24) s. 553.79(23), 203
for the purpose of inspection and record retention, site plans 204
or building permits may be maintained at the worksite in the 205
original form or in the for m of an electronic copy. These plans 206
and permits must be open to inspection by the building official 207
or a duly authorized representative, as required by the Florida 208
Building Code. As provided in s. 627.413(5), each certificate of 209
coverage must show, on its face, whether or not coverage is 210
secured under the minimum premium provisions of rules adopted by 211
rating organizations licensed pursuant to s. 627.221. The words 212
"minimum premium policy" or equivalent language shall be typed, 213
printed, stamped, or legibly handwritten. 214
Section 5. This act shall take effect July 1, 2023. 215