FL
Florida House Bill H1575

Florida 2023 Regular Session

Florida House Bill H1575 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to public safety emergency 2
1616 communications systems; amending s. 553.79, F.S.; 3
1717 requiring a licensed contractor to submit a design for 4
1818 a two-way radio communication enhancement system under 5
1919 certain circumstances; prohibiting the local authorit y 6
2020 having jurisdiction from withholding a temporary 7
2121 certificate of occupancy solely on the need for a two -8
2222 way radio communication enhancement system; requiring 9
2323 the installation of such a system within a certain 10
2424 timeframe after the local authority having 11
2525 jurisdiction approves the design; prohibiting 12
2626 extensions of a temporary certificate of occupancy 13
2727 from being unnecessarily withheld; amending s. 14
2828 633.202, F.S.; requiring new and existing buildings to 15
2929 meet certain requirements in the Florida Fire 16
3030 Prevention Code; authorizing the local authority 17
3131 having jurisdiction to require the installation of a 18
3232 two-way radio communication enhancement system or an 19
3333 assessment of a building's interior radio coverage and 20
3434 signal strength under certain circumstances; limiting 21
3535 the number of times that the local authority having 22
3636 jurisdiction may require such assessment; providing 23
3737 exceptions; requiring certain consent to be obtained 24
3838 and maintained in a specified manner; specifying that 25
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4747 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
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5151 a two-way radio communication enhancement system an d a 26
5252 minimum radio strength assessment are not required 27
5353 under certain circumstances; requiring the local 28
5454 authority having jurisdiction to give certain owners a 29
5555 specified amount of time to complete certain 30
5656 modifications or retrofitting; specifying when such 31
5757 time period begins; providing exceptions; providing 32
5858 applicability; prohibiting the local authority having 33
5959 jurisdiction from enforcing certain requirements; 34
6060 requiring the State Fire Marshal to incorporate the 35
6161 changes made by this act into the Florida Fire 36
6262 Prevention Code; authorizing the State Fire Marshal to 37
6363 adopt rules; amending s. 843.16, F.S.; exempting 38
6464 certain installations of two -way radio communication 39
6565 enhancement systems from a certain prohibition; 40
6666 amending s. 440.103, F.S.; conforming a cross -41
6767 reference; providing an effective date. 42
6868 43
6969 Be It Enacted by the Legislature of the State of Florida: 44
7070 45
7171 Section 1. Subsections (23), (24), and (25) of section 46
7272 553.79, Florida Statutes, are renumbered as subsections (24), 47
7373 (25), and (26), respectively, and a n ew subsection (23) is added 48
7474 to that section to read: 49
7575 553.79 Permits; applications; issuance; inspections. — 50
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8484 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
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8888 (23) If an assessment of a new building's interior radio 51
8989 coverage and signal strength under the Florida Fire Prevention 52
9090 Code determines that inst allation of a two-way radio 53
9191 communication enhancement system is required, a contractor 54
9292 having the appropriate license issued by the department must 55
9393 submit a design to the local authority having jurisdiction for a 56
9494 two-way radio communication enhancement sys tem to correct 57
9595 noncompliant radio coverage. The local authority having 58
9696 jurisdiction may not withhold issuance of a temporary 59
9797 certificate of occupancy for the building based solely on the 60
9898 need for a two-way radio communication enhancement system. Upon 61
9999 approval of the design by the local authority having 62
100100 jurisdiction, the jurisdiction must require the installation of 63
101101 the two-way radio communication enhancement system within 12 64
102102 months after the issuance of a temporary certificate of 65
103103 occupancy. An extension for a temporary certificate of occupancy 66
104104 may not be unnecessarily withheld. 67
105105 Section 2. Subsection (18) of section 633.202, Florida 68
106106 Statutes, is amended to read: 69
107107 633.202 Florida Fire Prevention Code. — 70
108108 (18)(a) The local authority having jurisdiction sha ll 71
109109 determine the minimum radio signal strength for fire department 72
110110 communications in all new and existing buildings. Two -way radio 73
111111 communication enhancement systems or equivalent systems may be 74
112112 used to comply with the minimum radio signal strength 75
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121121 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
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125125 requirements. However, two-way radio communication enhancement 76
126126 systems or equivalent systems are not required in apartment 77
127127 buildings 75 feet or less in height that are constructed using 78
128128 wood framing, provided that the building has less than 150 79
129129 dwelling units and that all dwelling units discharge to the 80
130130 exterior or to a corridor that leads directly to an exit as 81
131131 defined by the Florida Building Code. Evidence of wood frame 82
132132 construction shall be shown by the owner providing building 83
133133 permit documentation which identif ies the construction type as 84
134134 wood frame. Existing high -rise buildings as defined by the 85
135135 Florida Building Code are not required to comply with minimum 86
136136 radio strength for fire department communications and two -way 87
137137 radio communication enhancement systems as r equired by the 88
138138 Florida Fire Prevention Code until January 1, 2025. However, by 89
139139 January 1, 2024, an existing high -rise building that is not in 90
140140 compliance with the requirements for minimum radio strength for 91
141141 fire department communications must apply for an a ppropriate 92
142142 permit for the required installation with the local government 93
143143 agency having jurisdiction and must demonstrate that the 94
144144 building will become compliant by January 1, 2025. Existing 95
145145 high-rise apartment buildings are not required to comply until 96
146146 January 1, 2025. However, existing high -rise apartment buildings 97
147147 are required to apply for the appropriate permit for the 98
148148 required communications installation by January 1, 2024. 99
149149 (b) Except as provided in this subsection, all new and 100
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158158 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
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162162 existing buildings mus t meet the minimum radio signal strength 101
163163 requirements for public safety agency communications as provided 102
164164 in the Florida Fire Prevention Code. 103
165165 (c) The local authority having jurisdiction as defined in 104
166166 the Florida Fire Prevention Code may require: 105
167167 1. The installation of a two -way radio communication 106
168168 enhancement system in a new or existing building if the interior 107
169169 of the building does not meet the minimum radio signal strength 108
170170 as required in the Florida Fire Prevention Code. 109
171171 2. An assessment of a new or existing building's interior 110
172172 radio coverage and signal strength, for purposes of determining 111
173173 the need for a two-way radio communication enhancement system 112
174174 within the building, not more frequently than once every 3 years 113
175175 for an existing high -rise building and an existing building 114
176176 having more than 12,000 total gross square feet and once every 5 115
177177 years for all other existing buildings, unless: 116
178178 a. Such building undergoes Level III building alteration 117
179179 or rehabilitation as defined in the Florida Building Code; 118
180180 b. Such building undergoes reconstruction as determined by 119
181181 the Florida Fire Prevention Code; 120
182182 c. A public safety agency reports to the local authority 121
183183 having jurisdiction that the agency's communication devices 122
184184 failed to function correctly inside a building due to poor 123
185185 signal coverage; or 124
186186 d. A building is determined to be an imminent life safety 125
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195195 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
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199199 threat to first responders. 126
200200 (d) Any modification to an existing system or any 127
201201 installation of a new system must have the express consent of 128
202202 the frequency licenseholder of the frequencies for which the 129
203203 system is intended to amplify. The consent must be maintained in 130
204204 a recordable format that can be presented to a Federal 131
205205 Communications Commission representative or other relevant 132
206206 agency investigating radio in terference. 133
207207 (e) If public safety agency communications signal strength 134
208208 or delivered audio quality, as defined in the Florida Fire 135
209209 Prevention Code, is determined by the local authority having 136
210210 jurisdiction to be inadequate at the exterior of the building, a 137
211211 two-way radio communication enhancement system or minimum radio 138
212212 strength assessment is not required. 139
213213 (f) If a local authority having jurisdiction modifies its 140
214214 public safety emergency communication system such that 141
215215 modifications to existing two -way radio communication 142
216216 enhancement system installations are required, the local 143
217217 authority having jurisdiction must give owners of the existing 144
218218 two-way radio communication enhancement systems at least 180 145
219219 days' notice before requiring any modification. 146
220220 (g) Notwithstanding paragraph (f), a local authority 147
221221 having jurisdiction that requires an existing building to 148
222222 retrofit its two-way radio communication enhancement system 149
223223 after the effective dates in paragraph (a) must give the 150
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232232 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
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236236 building owner at least 1 year to com plete the retrofit. The 1 -151
237237 year period begins when the local authority having jurisdiction 152
238238 cites the building owner with a notice of code violation in 153
239239 accordance with chapter 162. 154
240240 (h) The following occupancies or buildings are not 155
241241 required to meet minimum radio signal strength requirements or 156
242242 have a radio signal strength assessment for public safety agency 157
243243 communications: 158
244244 1. One- and two-family dwellings and townhouses. 159
245245 2. Buildings having less than 12,000 total gross square 160
246246 feet with no underground ar eas. 161
247247 3. Apartments and transient public lodging establishments 162
248248 that are less than three stories high and that have direct 163
249249 access from the apartment or guest area to an exterior means of 164
250250 egress. 165
251251 4. Wood frame apartment buildings that are not required to 166
252252 install two-way radio communication enhancement systems or 167
253253 equivalent systems pursuant to paragraph (a). 168
254254 (i) The provisions of s. 633.208 and this section which 169
255255 authorize local adoption of more stringent requirements than 170
256256 those specified in the Florida Fire Prevention Code and minimum 171
257257 firesafety codes do not apply to the requirements in this 172
258258 subsection. The local authority having jurisdiction may not 173
259259 enforce requirements that are more stringent than those 174
260260 specified in the Florida Fire Prevention Code and this 175
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269269 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
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273273 subsection with respect to the requirement for, design of, or 176
274274 installation of a two -way radio communication enhancement 177
275275 system. 178
276276 (j) The State Fire Marshal shall incorporate this 179
277277 subsection into the Florida Fire Prevention Code and may adopt 180
278278 rules to implement, interpret, and enforce this subsection. 181
279279 Section 3. Paragraph (f) is added to subsection (3) of 182
280280 section 843.16, Florida Statutes, to read: 183
281281 843.16 Unlawful to install or transport radio equipment 184
282282 using assigned frequency of state or law en forcement officers; 185
283283 definitions; exceptions; penalties. — 186
284284 (3) This section does not apply to the following: 187
285285 (f) The installation of a two -way radio communication 188
286286 enhancement system to comply with the requirements of s. 189
287287 633.202(18). 190
288288 Section 4. Section 440.103, Florida Statutes, is amended 191
289289 to read: 192
290290 440.103 Building permits; identification of minimum 193
291291 premium policy.—Every employer shall, as a condition to applying 194
292292 for and receiving a building permit, show proof and certify to 195
293293 the permit issuer that it has secured compensation for its 196
294294 employees under this chapter as provided in ss. 440.10 and 197
295295 440.38. Such proof of compensation must be evidenced by a 198
296296 certificate of coverage issued by the carrier, a valid exemption 199
297297 certificate approved by the department, or a copy of the 200
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306306 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
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310310 employer's authority to self -insure and shall be presented, 201
311311 electronically or physically, each time the employer applies for 202
312312 a building permit. As provided in s. 553.79(24) s. 553.79(23), 203
313313 for the purpose of inspection and record retention, site plans 204
314314 or building permits may be maintained at the worksite in the 205
315315 original form or in the form of an electronic copy. These plans 206
316316 and permits must be open to inspection by the building official 207
317317 or a duly authorized representative, as required by the Florida 208
318318 Building Code. As provided in s. 627.413(5), each certificate of 209
319319 coverage must show, on its face, whether or not coverage is 210
320320 secured under the minimum premium provisions of rules adopted by 211
321321 rating organizations licensed pursuant to s. 627.221. The words 212
322322 "minimum premium policy" or equivalent language shall be typed, 213
323323 printed, stamped, or legibly handwritten. 214
324324 Section 5. This act shall take effect July 1, 2023. 215