HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 823 Alarm System Contractors
SPONSOR(S): Regulatory Reform Subcommittee, Mariano
TIED BILLS: IDEN./SIM. BILLS: SB 998
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee 17 Y, 0 N, As CS Brackett Anstead
2) Commerce Committee 23 Y, 0 N Brackett Hamon
SUMMARY ANALYSIS
Electrical contractors, alarm system contractors, and electrical specialty contractors are certified by or
registered with the Electrical Contractors’ Licensing Board (ECLB) of the Department of Business and
Professional Regulation (DBPR). Certified contractors can practice statewide and are licensed and regulated
by the ECLB. Registered contractors are licensed and regulated by a local jurisdiction and may practice within
that locality. Registered contractors are also required to register their license with the ECLB.
An “alarm system” is defined as “any electrical device, signaling device, or combination of electrical devices
used to signal or detect a burglary, fire, robbery, or medical emergency.
The Florida Building Code (Building Code) must be applied, administered, and enforced uniformly and
consistently from jurisdiction to jurisdiction. Local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare, and to
enforce the Building Code. It is unlawful for a person or corporation to construct, alter, repair, or demolish a
building without obtaining a permit from the local enforcing agency.
Current law requires an electrical and alarm system contractor to obtain a building permit before installing,
replacing, or repairing a fire alarm system.
Current law also requires electrical and alarm system contractors to include their license number in every offer
of service, business proposal, or advertisement, regardless of medium. However, an advertisement does not
include business stationery or any promotional novelties such as balloons, pencils, trinkets, or articles of
clothing.
The bill:
Provides that an electrical contractor or an alarm system contractor does not have to include their
license number in an advertisement for alarm system contracting, if the advertisement directs
consumer’s to the contractor’s website and the website includes their license number.
Provides that an electrical or alarm system contractor is not required to obtain a fire alarm permit before
beginning repairs on a fire alarm system, if the contractor applied for a fire alarm permit prior to
beginning the repairs.
Clarifies that repairs to a fire alarm system are not considered complete until the required fire alarm
permit has been obtained and approved by the local enforcement agency.
The bill does not have a fiscal impact on state and local governments.
The bill provides for an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0823c.COM
DATE: 3/16/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Contractors
Contractors are regulated by ch. 489, F.S., which outlines the law pertaining to contractors in the state
of Florida. Part I of ch. 489, F.S., covers contracting regulated by the Construction Industry Licensing
Board (CILB) and pt. II of ch. 489, F.S., covers contracting regulated by the Electrical Contractors’
Licensing Board (ECLB). Both boards are housed in the Department of Business and Professional
Regulation (DBPR).
Electrical contractors, alarm system contractors, and electrical specialty contractors are certified by or
registered with the ECLB. Certified contractors can practice statewide and are licensed and regulated
by ECLB. Registered contractors are licensed and regulated by a local jurisdiction and may practice
within that locality.1
Electrical contractors may work on electrical wiring, fixtures, appliances, apparatus, raceways, and
conduits which generate, transmit, transform, or utilize electrical energy in any form.2
Alarm system contractors may lay out, fabricate, install, maintain, alter, repair, monitor, inspect,
replace, or service alarm systems. An “alarm system” is defined as “any electrical device, signaling
device, or combination of electrical devices used to signal or detect a burglary, fire, robbery, or medical
emergency.”3
Electrical certified specialty contractors are contractors whose scope of work is limited to a particular
phase of electrical contracting, such as electrical signs. Certified electrical specialty contractors can
practice statewide. The ECLB creates electrical certified specialty contractor licenses through
rulemaking, and has created the following certified specialty contractor licenses:4
Lighting maintenance specialty contractor;
Sign specialty electrical contractor;
Residential electrical contractor;
Limited energy systems specialty contractor;
Utility line electrical contractor; and
Two-Way Radio Communications Enhancement Systems contractor.
The scope of work for certified electrical contractors includes any work that an alarm system contractor
is able to perform.5
Registered electrical contractors may install raceways for alarm systems.6 They may also bid on
electrical contracts, which include alarm systems as part of the contract, but they must subcontract the
work on such alarm systems to an alarm system contractor.7
State Fire Marshal
1
See generally s. 489.505, F.S.
2
S. 489.505(12), F.S.
3
S. 489.505(1)-(2), F.S.
4
Ss. 489.505(19), and 489.511(4), F.S; Rule 61G6-7.001, F.A.C.
5
S. 489.537(7), F.S.
6
A “raceway” is an enclosed channel designed to hold wires, cables, or busbars. Mike Holt, Understanding Raceways, EC&M (Feb.
13, 2018) https://www.ecmweb.com/national-electrical-code/code-basics/article/20903368/understanding-
raceways#:~:text=The%20NEC%20defines%20a%20raceway,permitted%20in%20this%20Code%20%5BArt. (last visited Mar. 3,
2021).
7
S. 489.537(2)(b), F.S.
STORAGE NAME: h0823c.COM PAGE: 2
DATE: 3/16/2021
Florida’s fire prevention and control law, ch. 633, F.S., designates the state’s Chief Financial Officer as
the State Fire Marshal. The State Fire Marshal, through the Division of State Fire Marshal (Division
within the Department of Financial Services (DFS), is charged with enforcing the provisions of ch. 633,
F.S., and all other applicable laws relating to fire safety, and has the responsibility to minimize the loss
of life and property in this state due to fire.8 Pursuant to this authority, the State Fire Marshal regulates,
trains, and certifies fire service personnel and fire safety inspectors; investigates the causes of fires;
enforces arson laws; regulates the installation of fire equipment; conducts fire safety inspections of
state property; and operates the Florida State Fire College.
The State Fire Marshal also adopts by rule the Florida Fire Prevention Code (Fire Code), which
contains all fire safety laws and rules that pertain to the design, construction, erection, alteration,
modification, repair, and demolition of public and private buildings, structures, and facilities, and the
enforcement of such fire safety laws and rules.9
The State Fire Marshall adopts a new edition of the Fire Code every three years. When adopting a new
edition of the Fire Code, the State Fire Marshal must adopt the most recent version of the National Fire
Protection Association (NFPA) Standard 1, Fire Prevention Code, and the NFPA 101 Life Safety
Code.10
State law requires all municipalities, counties, and special districts with fire safety responsibilities to
enforce the Fire Code as the minimum fire prevention code to operate uniformly among local
governments and in conjunction with the Florida Building Code.11 Each county, municipality, and
special district with fire safety enforcement responsibilities must employ or contract with a fire safety
inspector (certified by the State Fire Marshal) to conduct all fire safety inspections required by law.12
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.13
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 commission’s
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, 2002.14 The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code.15
Part IV of ch. 553, 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
8
S. 633.104, F.S.
9
Ss. 633.202(1) and (2), F.S.
10
Id. The NFPA is the National Fire Protection Association. Founded in 1896, the NFPA delivers information and knowledge through
no more than 300 consensus codes and standards, research, training, education, outreach and advocacy. NFPA, About NFPA,
https://www.nfpa.org/about-nfpa (last visited Feb. 4, 2021).
11
The Florida Building Code is the statewide building code for all construction in the state. Every local government must enforce the
Florida Building Code and issue building permits. See generally ch. 553, F.S.
12
S. 633.216(1), F.S.
13
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 Feb. 15, 2021).
14
Id.; DBPR, Building Code Information System, https://floridabuilding.org/c/default.aspx# (last visited on Feb. 15, 2021).
15
Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb. 21, 2021).
STORAGE NAME: h0823c.COM PAGE: 3
DATE: 3/16/2021
of a single, unified state building code. The Building Code must be applied, administered, and enforced
uniformly and consistently from jurisdiction to jurisdiction. 16
The Florida Building Commission (Commission) was statutorily created to implement the Building
Code. The Commission, which is housed within the 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,17 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.18
Enforcement of the Florida Building Code
It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare.19
Every local government must enforce the Florida Building Code and issue building permits.20
Current law also requires State universities, Florida College System institutions, and public school
districts to enforce the Building Code for their building projects, including conducting plan review and
inspections. State universities, Florida College System institutions, and public school districts must use
or contract with licensed building officials, inspectors, and plan examiners, and may elect to use a local
government’s building department to review plans and perform inspections.21
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.22
A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity.23 A building official is a local government employee or a person
contracted by a government entity who supervises building code activities, including plans review,
enforcement, and inspection.24 Any construction work that requires a building permit also requires plans
and inspections by the building official to ensure the work complies with the Building Code.25 Generally
speaking, a permit that passes the required inspections is considered completed or closed.26
Time-Period to Review Building Permit Applications
Fire protection systems, including fire alarms, must be installed, repaired, operated, and maintained in
accordance with the Fire Code and the Building Code.27
16
See S. 553.72(1), F.S.
17
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 Feb. 21, 2021).
18
Ss. 553.73, and 553.74, F.S.
19
S. 553.72, F.S.
20
Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
21
S. 553.80(6), F.S.
22
See Ss. 125.56(4)(a) and 553.79(1), F.S.
23
S. 468.603(2), F.S; S. 202 of the Seventh edition of the Florida Building Code (Building).
24
S. 468.603(2), F.S.; S. 202 of the Seventh edition of the Florida Building Code (Building).
25
Ss. 107, 110.1, and 110.3 of the Seventh edition of the Florida Building (Building).
26
Doug Wise, Closing Inactive & Excluded Building Permits, Palm Beach County Planning, Zoning & Building Department,
Building Division, http://discover.pbcgov.org/pzb/building/BuildingCodes/PBO-
126%20%E2%80%93%20Closing%20Inactive%20and%20Excluded%20Building%20Permits.pdf (last visited Mar. 15, 2019).
27
Sections 202 and 901.2 of the Seventh edition of the Florida Building Code (Building).
STORAGE NAME: h0823c.COM PAGE: 4
DATE: 3/16/2021
Current law requires local governments to review certain building permit applications within a specific
time-period of receiving the applications. Current law has established time-periods for local
governments to review applications for the following building permits:28
accessory structure;
alarm permit;
nonresidential buildings less than 25,000 square feet;
electric;
irrigation permit;
landscaping;
mechanical;
plumbing;
residential units other than a single family unit;
multifamily residential not exceeding 50 units;
roofing;
signs;
site-plan approvals and subdivision plats not requiring public hearings or public notice; and
lot grading and site alteration associated with the permit application set forth in this subsection.
When a local government receives an application for one of the above building permits, it must:29
Inform the applicant within 10 days of receiving the application, what information, if any, is
needed to complete the application.
o If the local government fails to provide written notice to the applicant within the 10-day
window, the application is deemed to be properly completed.
Notify the applicant within 45 days of the application being deemed complete, if additional
information is necessary to determine the sufficiency of the application;
o If additional information is needed the local government must specify what additional
information is necessary.
o The applicant may submit the additional information to the local government or request