Florida Senate - 2023 CS for SB 1614 By the Committee on Banking and Insurance; and Senator Rodriguez 597-03562-23 20231614c1 1 A bill to be entitled 2 An act relating to public safety emergency 3 communications systems; amending s. 553.79, F.S.; 4 requiring a licensed contractor to submit a certain 5 design if an interior radio coverage and signal 6 strength assessment of a new building determines a 7 two-way radio communications enhancement system 8 installation is required; specifying restrictions on a 9 local jurisdictions withholding issuance of a 10 temporary certificate of occupancy for the building; 11 requiring the local jurisdiction to require 12 installation of such a system within a certain 13 timeframe; amending s. 633.202, F.S.; requiring new 14 and existing buildings to meet certain minimum radio 15 signal strength requirements, except under certain 16 circumstances; specifying the authority of local 17 authorities having jurisdiction relating to two-way 18 radio communications enhancement systems; specifying 19 requirements for, and restrictions on, such 20 authorities; providing requirements for obtaining and 21 maintaining the consent of frequency license holders; 22 exempting certain occupancies and buildings from 23 certain signal strength and assessment requirements; 24 providing applicability and construction; requiring 25 the State Fire Marshal to incorporate provisions in 26 the Florida Fire Prevention Code; authorizing the 27 State Fire Marshal to adopt rules; amending s. 843.16, 28 F.S.; exempting certain installations of two-way radio 29 communications enhancement systems from prohibitions 30 against the installation or transportation of certain 31 radio equipment; amending s. 440.103, F.S.; conforming 32 a cross-reference; providing an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1.Present subsections (23), (24), and (25) of 37 section 553.79, Florida Statutes, are redesignated as 38 subsections (24), (25), and (26), respectively, and a new 39 subsection (23) is added to that section, to read: 40 553.79Permits; applications; issuance; inspections. 41 (23)If an assessment of a new buildings interior radio 42 coverage and signal strength under the Florida Fire Prevention 43 Code determines that installation of a two-way radio 44 communications enhancement system is required, a contractor 45 having the appropriate license issued by the department must 46 submit a design for a two-way radio communications enhancement 47 system to correct noncompliant radio coverage. The local 48 jurisdiction may not withhold issuance of a temporary 49 certificate of occupancy for the building based solely on the 50 need for a two-way radio communications enhancement system. Upon 51 approval of the design by the local authority having 52 jurisdiction, the jurisdiction must require the installation of 53 the two-way radio communications enhancement system within 180 54 days after the issuance of a temporary certificate of occupancy. 55 A temporary certificate of occupancy extension may not be 56 unnecessarily withheld. 57 Section 2.Subsection (18) of section 633.202, Florida 58 Statutes, is amended to read: 59 633.202Florida Fire Prevention Code. 60 (18)(a)The authority having jurisdiction shall determine 61 the minimum radio signal strength for fire department 62 communications in all new and existing buildings. Two-way radio 63 communication enhancement systems or equivalent systems may be 64 used to comply with the minimum radio signal strength 65 requirements. However, two-way radio communication enhancement 66 systems or equivalent systems are not required in apartment 67 buildings 75 feet or less in height that are constructed using 68 wood framing, provided that the building has less than 150 69 dwelling units and that all dwelling units discharge to the 70 exterior or to a corridor that leads directly to an exit as 71 defined by the Florida Building Code. Evidence of wood frame 72 construction shall be shown by the owner providing building 73 permit documentation which identifies the construction type as 74 wood frame. Existing high-rise buildings as defined by the 75 Florida Building Code are not required to comply with minimum 76 radio strength for fire department communications and two-way 77 radio communication enhancement systems as required by the 78 Florida Fire Prevention Code until January 1, 2025. However, by 79 January 1, 2024, an existing high-rise building that is not in 80 compliance with the requirements for minimum radio strength for 81 fire department communications must apply for an appropriate 82 permit for the required installation with the local government 83 agency having jurisdiction and must demonstrate that the 84 building will become compliant by January 1, 2025. Existing 85 high-rise apartment buildings are not required to comply until 86 January 1, 2025. However, existing high-rise apartment buildings 87 are required to apply for the appropriate permit for the 88 required communications installation by January 1, 2024. 89 (b)Except as modified in this subsection, all new and 90 existing buildings must meet the minimum radio signal strength 91 requirements for public safety agency communications as provided 92 in the Florida Fire Prevention Code. 93 (c)The local authority having jurisdiction as defined in 94 the Florida Fire Prevention Code may: 95 1.Require the installation of a two-way radio 96 communications enhancement system in a new or existing building 97 if the interior of the building does not meet the minimum radio 98 signal strength as required in the Florida Fire Prevention Code. 99 2.Require assessment of a new or existing buildings 100 interior radio coverage and signal strength, for purposes of 101 determining the need for a two-way radio communications 102 enhancement system within the building, not more frequently than 103 once every 3 years for existing high-rise buildings and existing 104 buildings over 12,000 total gross square feet and once every 5 105 years for all other existing buildings, unless such building 106 undergoes Level III building alteration or rehabilitation as 107 defined in the Florida Building Code or reconstruction as 108 determined by the Florida Fire Prevention Code or if a public 109 safety agency reports to the local authority having jurisdiction 110 that the agencys communications devices failed to function 111 correctly inside a building due to poor signal coverage or upon 112 determination of an imminent life safety threat to responders. 113 (d)Any modification to an existing system or any new 114 installation must have the express consent of the frequency 115 license holder of the frequencies for which the device or system 116 is intended to amplify. The consent must be maintained in a 117 recordable format that can be presented to a Federal 118 Communications Commission representative or other relevant 119 agency investigating radio interference. 120 (e)Where public safety agency communications signal 121 strength or delivered audio quality, as defined in the Florida 122 Fire Prevention Code, is determined by the authority having 123 jurisdiction to be inadequate at the exterior of the building, a 124 two-way radio communications enhancement system or minimum radio 125 strength assessment shall not be required. 126 (f)If a jurisdiction modifies its public safety emergency 127 communications system such that modifications to existing two 128 way radio communications enhancement system installations are 129 required, the local authority having jurisdiction must give 130 owners of the two-way radio communications enhancement systems 131 at least 180 days notice before requiring any modification. 132 (g)Notwithstanding paragraph (f), a local authority having 133 jurisdiction which requires an existing building to retrofit its 134 two-way radio communications enhancement system after the 135 effective dates in paragraph (a) must give the building owner at 136 least 1 year to complete the retrofit. The 1-year period begins 137 when the local authority having jurisdiction cites the building 138 owner with a notice of code violation in accordance with chapter 139 162. 140 (h)The following occupancies or buildings are not required 141 to meet minimum radio signal strength requirements or have a 142 radio signal strength assessment for public safety agency 143 communications: 144 1.One- and two-family dwellings and townhouses. 145 2.Buildings less than 12,000 square feet with no 146 underground areas. 147 3.Apartments and transient public lodging establishments 148 that are less than three stories and that have direct access 149 from the apartment or guest area to an exterior means of egress. 150 4.Wood frame apartment buildings that are not required to 151 install two-way radio communication enhancement systems or 152 equivalent systems pursuant to paragraph (a). 153 (i)The provisions of s. 633.208 and this section which 154 authorize local adoption of more stringent requirements than 155 those specified in the Florida Fire Prevention Code and minimum 156 firesafety codes do not apply to the requirements of this 157 subsection. The local authority having jurisdiction may not 158 enforce requirements that are more stringent than those 159 specified in the Florida Fire Prevention Code and the provisions 160 of this subsection with respect to the requirement for, design 161 of, or installation of a two-way radio communications 162 enhancement system. 163 (j)The State Fire Marshal shall incorporate this 164 subsection in the Florida Fire Prevention Code and may adopt 165 rules to implement, interpret, and enforce this subsection. 166 Section 3.Paragraph (f) is added to subsection (3) of 167 section 843.16, Florida Statutes, to read: 168 843.16Unlawful to install or transport radio equipment 169 using assigned frequency of state or law enforcement officers; 170 definitions; exceptions; penalties. 171 (3)This section does not apply to the following: 172 (f)The installation of a two-way radio communications 173 enhancement system to comply with the requirements of s. 174 633.202(18). 175 Section 4.Section 440.103, Florida Statutes, is amended to 176 read: 177 440.103Building permits; identification of minimum premium 178 policy.Every employer shall, as a condition to applying for and 179 receiving a building permit, show proof and certify to the 180 permit issuer that it has secured compensation for its employees 181 under this chapter as provided in ss. 440.10 and 440.38. Such 182 proof of compensation must be evidenced by a certificate of 183 coverage issued by the carrier, a valid exemption certificate 184 approved by the department, or a copy of the employers 185 authority to self-insure and shall be presented, electronically 186 or physically, each time the employer applies for a building 187 permit. As provided in s. 553.79(24) s. 553.79(23), for the 188 purpose of inspection and record retention, site plans or 189 building permits may be maintained at the worksite in the 190 original form or in the form of an electronic copy. These plans 191 and permits must be open to inspection by the building official 192 or a duly authorized representative, as required by the Florida 193 Building Code. As provided in s. 627.413(5), each certificate of 194 coverage must show, on its face, whether or not coverage is 195 secured under the minimum premium provisions of rules adopted by 196 rating organizations licensed pursuant to s. 627.221. The words 197 minimum premium policy or equivalent language shall be typed, 198 printed, stamped, or legibly handwritten. 199 Section 5.This act shall take effect July 1, 2023.