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 jurisdiction’s 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         553.79 Permits; applications; issuance; inspections.—
   41         (23) If an assessment of a new building’s 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         633.202 Florida 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 building’s
  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 agency’s 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         843.16 Unlawful 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         440.103 Building 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 employer’s
  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.