This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0535e.COM
DATE: 2/8/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 535 Low-voltage Alarm System Projects
SPONSOR(S): Local Administration, Federal Affairs & Special Districts Subcommittee, Snyder
TIED BILLS: IDEN./SIM. BILLS: SB 496
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
13 Y, 0 N Wright Anstead
2) Local Administration, Federal Affairs & Special
Districts Subcommittee
15 Y, 0 N, As CS Burgess Darden
3) Commerce Committee 17 Y, 0 N Wright Hamon
SUMMARY ANALYSIS
A “low-voltage electric fence” is an alarm system that consists of a fence structure and an energizer powered
by a commercial storage battery not exceeding 12 volts which produces an electric charge upon contact with
the fence structure. Florida law sets out a streamlined process for permitting low-voltage electric fence
projects.
If a low-voltage electric fence meets certain requirements, it may be permitted as a low-voltage alarm system
project, and no other permit may be required. Requirements include:
The low-voltage electric fence will be completely enclosed by a nonelectric fence or wall. Current law is
unclear if the fence must be enclosed on both sides or enclosed only on the outside perimeter.
The low-voltage electric fence will not be installed in an area zoned exclusively for single-family or
multifamily residential use.
A municipality, county, district, or other entity of local government may not adopt or maintain in effect any
ordinance or rule regarding a low-voltage alarm system project that is inconsistent with Florida Statutes.
Recently, two Florida trial courts differed on when an ordinance or rule relating to a low-voltage alarm system
project is preempted and inconsistent with Florida law.
The bill clarifies that a nonelectric fence or wall must only be completely enclosed on the outside perimeter of
the low-voltage electric fence but does not have to be completely enclosed on both sides. The bill requires a
low-voltage electric fence to be 2 feet higher than the perimeter nonelectric fence or wall.
The bill provides that a local government must allow low-voltage electric fences in areas not exclusively zoned
for single- or multi-family residential use and therefore may not prohibit such fences in areas zoned in multiple
zoning categories.
The bill clarifies that any ordinance or rule with additional requirements beyond those set out in, or that is
otherwise inconsistent, with Florida Statutes related to the installation or maintenance of a low-voltage alarm
system project may not be adopted by a municipality, county, district, or other entity of local government.
The bill has no fiscal impact on state and local governments.
The bill provides an effective date of July 1, 2024. STORAGE NAME: h0535e.COM PAGE: 2
DATE: 2/8/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
The Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum standards were met. Local governments could
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes as
they desired.
1
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study’s commission
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002.
2
The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code.
3
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent
of the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Building Code must be applied, administered,
and enforced uniformly and consistently from jurisdiction to jurisdiction.
4
The Florida Building Commission (Commission) was statutorily created to implement the Building
Code. The Commission, which is housed within the Department of Business and Professional
Regulation (DBPR), is a 19-member technical body made up of design professionals, contractors, and
government experts in various disciplines covered by the Building Code. The Commission reviews
several International Codes published by the International Code Council,
5
the National Electric Code,
and other nationally adopted model codes to determine if the Building Code needs to be updated and
adopts an updated Building Code every three years.
6
Building Permits
It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction for the protection of the public’s health, safety, and
welfare.
7
Every local government must enforce the Building Code and issue building permits.
8
A building permit is an official document or certificate issued by the local building official that authorizes
the performance of a specific activity.
9
Any construction work that requires a building permit also
1
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Jan, 11, 2024).
2
Id.
3
Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan, 11, 2024).
4
See s. 553.72(1), F.S.
5
The International Code Council (ICC) is an association that develops model codes and standards used in the design,
building, and compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code
Council, About the ICC, https://www.iccsafe.org/about/who-we-are/ (last visited Jan, 11, 2024).
6
S. 553.73(7)(a), F.S.
7
S. 553.72, F.S.
8
Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
9
S. 468.603(2), F.S; § 202, FBC, Building, 7th Ed., (2020). STORAGE NAME: h0535e.COM PAGE: 3
DATE: 2/8/2024
requires plan reviews and inspections by the building official, inspector, or plans examiner to ensure the
work complies with the Building Code.
10
It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
building without first obtaining a building permit from the local government or from such persons as
may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
as set forth in a schedule of fees adopted by the enforcing agency.
11
A building permit is not valid until
the fees for the permit have been paid.
12
To obtain a permit, an applicant must complete an application for the proposed work on the form
furnished by the local enforcing agency, which must be posted on its website.
13
An application for a
permit must include building plans.
14
A local enforcing agency may not issue a permit until the building
official or plans reviewer has reviewed the building plans and determined that they comply with the
Building Code.
15
Streamlined Permitting for Low-voltage Electric Fences
Section 553.793, F.S., sets out a streamlined process for permitting low-voltage alarm system projects,
which includes low-voltage electric fence projects.
A “low-voltage alarm system project” means a project for the installation, maintenance, inspection,
replacement, or service of the following new or existing alarm systems, or any ancillary components
thereof, by a licensed electrical or alarm systems contractor:
16
Hardwired and low-voltage
17
video cameras and closed-circuit television systems used to signal
or detect a burglary, fire, robbery, or medical emergency; and
Low-voltage electric fences.
A “low-voltage electric fence” is an alarm system that consists of a fence structure and an energizer
powered by a commercial storage battery not exceeding 12 volts which produces an electric charge
upon contact with the fence structure.
18
If a low-voltage electric fence meets all of the following requirements, it may be permitted as a low-
voltage alarm system project, and no other permit may be required:
19
The electric charge produced by the fence upon contact does not exceed the international
standard for energizer characteristics.
20
The low-voltage electric fence will be completely enclosed by a nonelectric fence or wall. The
low-voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence or
wall.
o Current law is unclear if the fence must be enclosed on both sides or enclosed only on
the outside perimeter.
The low-voltage electric fence is identified using warning signs attached to the fence at intervals
of not more than 60 feet.
The low-voltage electric fence will not be installed in an area zoned exclusively for single-
family or multifamily residential use.
The low-voltage electric fence will not enclose residential portions of a property.
10
§§ 107, 110.1, and 110.3, FBC, Building, 7th Ed., (2020).
11
See ss. 125.56(4)(a) and 553.79(1), F.S.
12
§ 109.1, FBC, Building, 7th Ed., (2020).
13
Ss. 125.56(4)(b), 553.79(1), and 713.135(5) and (6), F.S.
14
Ss. 468.603(8), and 553.79(2), F.S.
15
S. 553.79(2), F.S.
16
S. 553.793(1)(b), F.S.
17
As defined in Standard 70, NEC. S. 553.793(1)(b), F.S.
18
S. 553.793(1)(c), F.S.
19
S. 553.793(3), F.S.
20
§ 22.108, Figure 102, IEC 60335-2-76. STORAGE NAME: h0535e.COM PAGE: 4
DATE: 2/8/2024
The streamlined permitting process is as follows:
First, instead of requiring individualized permits, the local enforcement agency must make
uniform basic permit labels available for purchase in bulk by an electrical or alarm systems
contractor to be used for the installation or replacement of a new or existing alarm system at a
cost of not more than $40 per label per project per unit.
21
o The local enforcement agency may not require a contractor, as a condition of purchasing
a label, to submit any information other than identification information and proof of
license.
22
Second, before commencing a project, the contractor must post an unused uniform basic permit
label in a conspicuous place on the premises of the low-voltage alarm system project site.
23
o The contractor is not required to notify the local enforcement agency before
commencing work.
Third, within 14 days after completing the project, the contractor must submit a notice of
completing the project
24
to the local enforcement agency.
25
Fourth, to inspect the project for compliance with applicable codes and standards, a local
enforcement agency may coordinate directly with the owner or customer to inspect the project.
o If the project fails the inspection, the contractor must take corrective action as necessary
to pass inspection.
26
A municipality, county, district, or other entity of local government may not adopt or maintain in effect
any ordinance or rule regarding a low-voltage alarm system project that is inconsistent with s. 553.793,
F.S.
27
Preemption
Florida law recognizes two types of preemption: express and implied. Express preemption requires a
specific legislative statement; it cannot be implied or inferred.
28
To expressly preempt a subject area,
the Legislature must use clear statutory language stating its intention to do so.
29
Implied preemption
occurs when the Legislature has demonstrated an intent to preempt an area, though not expressly.
Florida courts find implied preemption when “the legislative scheme is so pervasive as to evidence an
intent to preempt the particular area, and where strong public policy reasons exist for finding such an
area to be preempted by the Legislature.”
30
Where state preemption applies, a local government may not exercise authority in that area.
31
Whether
a local government ordinance or other measure violates preemption is ultimately decided by a court. If
a local government improperly enacts an ordinance or other measure on a matter preempted to the
state, a person may challenge the ordinance by filing a lawsuit. A court ruling against the government
may declare the preempted ordinance void.
32
Recent Litigation Concerning Low-voltage Electric Fences
Recently, two Florida trial courts differed on whether an ordinance or rule relating to a low-voltage
alarm system project is preempted and inconsistent with Florida law as set forth in s. 553.793, F.S.
21
S. 553.793(5), F.S.
22
S. 553.793(5)(b), F.S.
23
S. 553.793(6), F.S.
24
The form requirements are outlined in s. 553.793(8), F.S.
25
S. 553.793(7), F.S.
26
S. 553-793(9), F.S.
27
S. 553.793(10), F.S.
28
See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County,
894 So. 2d 1011, 1018 (Fla. 2d DCA 2005).
29
Mulligan, 934 So. 2d at 1243.
30
Tallahassee Mem. Reg. Med. Ctr., Inc. v. Tallahassee Med. Ctr., Inc., 681 So. 2d 826, 831 (Fla. 1st DCA 1996).
31
D’Agastino v. City of Miami, 220 So. 3d 410 (Fla. 2017); Judge James R. Wolf and Sarah Harley Bolinder, The
Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009).
32
See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So. 2d 504 (Fla. 3d DCA 2002). STORAGE NAME: h0535e.COM PAGE: 5
DATE: 2/8/2024
Hillsborough County
In a case filed in Hillsborough County,
33
the trial court held that the county ordinance for low-voltage
electric fences was inconsistent with and preempted by state law “to the extent that it prohibits or
imposes additional requirements for low-voltage electric fences in areas of Hillsborough County other
than those areas zoned exclusively for single-family or multiple-family residential use, where these
fences satisfy the requirements of s. 553.793, F.S.” The ordinance imposed restrictions on such fences
in mixed-use areas.
34
City of Orlando
In a case addressing a requirement in the City of Orlando’s zoning code which prohibited the
installation of electric fences in a certain heritage zoning district,
35
the trial court disagreed with the
finding in the Hillsborough County case. The court held that the “standard is not whether the city’s code
imposes additional requirements, but whether those requirements conflict with [s. 553.793, F.S.]. That
is, whether the code and the statute cannot coexist, or if the Plaintiff must violate one to comply with the
other.”
36
The court also held that “as long as the ordinance is not inconsistent with [that section], a municipality is
not prevented from enacting regulations regarding electric fences.”
37
The court also found that the city’s ordinance was not preempted by s. 553.793, F.S, as the ordinance
at issue:
Does not require an additional permit for an electric fence--it only regulates
where the electric fences can be installed. It is within Orlando’s police powers to
maintain its communities, and the city has a legitimate interest in maintaining the
appearance of the [heritage zoning] district with importance to the community.
38
Accordingly, the City of Orlando’s regulation prohibiting low-voltage electric fences in certain locations
did not constitute an additional requirement for installing such fences, and the court found in favor of
the City of Orlando.
39
Effect of the Bill
The bill clarifies that a nonelectric fence or wall must only be completely enclosed on the outside
perimeter of the low-voltage electric fence but does not have to be completely enclosed on both sides.
The low-voltage electric fence must be 2 feet higher than the perimeter nonelectric fence or wall.
The bill provides that a local government must allow low-voltage electric fences in areas not exclusively
zoned for single- or multi-family residential use and therefore may not prohibit such fences in areas
zoned in multiple zoning categories.
The bill provides any ordinance or rule with additional requirements beyond those set out in, or that is
otherwise inconsistent, with s. 553.793, F.S., for the installation or maintenance of a low-voltage alarm
system project may not be adopted by a municipality, county, district, or other entity of local
government.
B. SECTION DIRECTORY:
33
See Electric Guard Dog, LLC v. Hillsborough Co., Fla., (Case No. 17-CA-010362, Fla.13th Jud. Cir. 2019), at pp. 1-2.
34
Id. at 2.
35
See Amarok Security, LLC v. City of Orlando, Fla., (Case No. 2022-CA-011454-0, Div. 35, Fla. 9th Jud. Cir. 2023).
36
Id. at p. 8.
37
Id. at p. 9.
38
Id.
39
Id. STORAGE NAME: h0535e.COM PAGE: 6
DATE: 2/8/2024
Section 1: Amends s. 553.793, F.S.; providing requirements for low-voltage electric fence
permits.
Section 2: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
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DATE: 2/8/2024
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 31, 2024, the Local Administration, Federal Affairs & Special Districts Subcommittee adopted
an amendment and reported the bill favorably as a committee substitute. The amendment requires a low-
voltage electric fence to be 2 feet higher than the perimeter nonelectric fence or wall.
This analysis is drafted to the committee substitute as passed by the Local Administration, Federal Affairs
& Special Districts Subcommittee.