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House Bill 1307

Florida House of Representatives - 1997 HB 1307 By Representative Heyman 1 A bill to be entitled 2 An act relating to alarm system contracting; 3 amending s. 489.505, F.S.; modifying a 4 definition; amending s. 489.518, F.S.; 5 providing exceptions to training and background 6 check requirements; amending s. 489.529, F.S.; 7 providing an exception to an alarm verification 8 requirement; creating s. 489.5315, F.S.; 9 clarifying occupational licensure requirements; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (26) of section 489.505, Florida 15 Statutes, 1996 Supplement, is amended to read: 16 489.505 Definitions.--As used in this part: 17 (26) "Burglar alarm system agent" means a person: 18 (a) Who is employed by a licensed alarm system 19 contractor or licensed electrical contractor; 20 (b) Who is performing duties which are an element of 21 an activity which constitutes alarm system contracting 22 requiring licensure under this part; and 23 (c) Whose specific duties include any of the 24 following: altering, installing, maintaining, moving, 25 repairing, replacing, servicing, selling onsite, or monitoring 26 an intrusion or burglar alarm system for compensation. 27 Section 2. Section 489.518, Florida Statutes, 1996 28 Supplement, is amended to read: 29 489.518 Alarm system agents.-- 30 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1307 551-123-97 1 (1) A licensed electrical or alarm system contractor 2 may shall not employ a person to perform the duties of a 3 burglar an alarm system agent unless the person: 4 (a) Is at least 18 years of age or has evidence of a 5 court-approved declaration of emancipation. 6 (b) Has successfully completed a minimum of 12 hours 7 of training, to include basic alarm system electronics in 8 addition to related training including CCTV and access control 9 training. Such training shall be from a board-approved 10 provider, and the employee or applicant for employment shall 11 provide proof of successful completion to the licensed 12 employer. Persons performing only monitoring or sales are not 13 required to complete the training otherwise required for alarm 14 system agents pursuant to this part. The board shall by rule 15 establish criteria for the approval of training courses and 16 providers and may by rule establish criteria for accepting 17 alternative nonclassroom education on an hour-for-hour basis. 18 The board shall approve providers that conduct training in 19 other than the English language. The board shall establish a 20 fee for the approval of training providers or courses, not to 21 exceed $60. Qualified employers may conduct training classes 22 for their employees, with board approval. Any applicant for 23 employment as an alarm system agent, or any individual 24 employed as an alarm system agent on the effective date of 25 this act, who has been previously trained by any program 26 which, upon application, meets the standards set forth in rule 27 for training providers shall not be required to undergo 28 additional training in order to comply with this paragraph if 29 the training has taken place within the previous 1 year. 30 (c) Has not been convicted of a crime that directly 31 relates to the business for which employment is being sought. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1307 551-123-97 1 To ensure that this requirement has been met, a licensed 2 electrical or alarm contractor must obtain from the Florida 3 Department of Law Enforcement a completed fingerprint and 4 criminal background check for each applicant for employment as 5 a burglar an alarm system agent or for each individual 6 currently employed on the effective date of this act as a 7 burglar an alarm system agent. 8 (d) Has not been committed for controlled substance 9 abuse or been found guilty of a crime under chapter 893 or a 10 similar law relating to controlled substances in any other 11 state within the 3-year period immediately preceding the date 12 of application for employment, or the effective date of this 13 act for an individual employed as a burglar an alarm system 14 agent on that date, unless he or she establishes that he or 15 she is not currently abusing any controlled substance and has 16 successfully completed a rehabilitation course. 17 (2)(a) Persons who perform only monitoring or sales 18 are not required to complete the training required for burglar 19 alarm system agents. 20 (b) Persons who perform only monitoring at an out of 21 state location are not required to comply with background 22 check requirements. 23 (c) Persons who perform proprietary burglar alarm 24 system agent duties for only a single employer, and who do not 25 offer alarm system contracting services to the public, are not 26 required to comply with background check requirements. 27 (d) Any applicant for employment as a burglar alarm 28 system agent, or any individual employed as a burglar alarm 29 system agent on July 1, 1997, who has completed training 30 between July 1, 1995, and July 1, 1997, in a program that, 31 upon application, meets the standards for training providers 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1307 551-123-97 1 need not take additional training in order to comply with this 2 section. 3 (e) A state-certified electrical or alarm contractor 4 or a local licensed journeyman electrician or local licensed 5 alarm technician is not required to complete the training 6 required for burglar alarm system agents. 7 (f) A nonsupervising employee working as a helper or 8 apprentice under the direct, on-site, continuous supervision 9 of a certified electrical or alarm contractor, a local 10 licensed journeyman electrician, local licensed journeyman 11 alarm technician, or qualified alarm system agent is not 12 required to complete the training otherwise required. 13 (3)(2) An applicant for employment as an alarm system 14 agent, or an individual employed as a burglar an alarm system 15 agent on the effective date of this act, may commence or 16 continue employment pending the completion of the required 17 training and the results of the background check required by 18 this section for a period not to exceed 60 days after the date 19 of application for employment, or 60 days after the effective 20 date of this act for individuals currently employed as burglar 21 alarm system agents. However, the person must work under the 22 direction and control of a sponsoring licensed electrical or 23 burglar alarm system contractor pending the completion of the 24 training and the criminal background check. If an applicant 25 or an individual employed on the effective date of this act 26 does not complete the training or receive a satisfactory 27 criminal background check within the 60-day period, the 28 employment must be terminated immediately. 29 (4)(3)(a) A licensed electrical or alarm system 30 contractor shall furnish each of its burglar alarm system 31 agents with an identification card. The card shall include a 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1307 551-123-97 1 picture of the agent, and shall specify at least the name of 2 the holder of the card and the name and license number of the 3 contractor, and shall be signed by the contractor and by the 4 holder of the card. The identification card shall be in the 5 possession of each burglar alarm system agent while engaged in 6 burglar alarm system agent duties. 7 (b) Each person to whom an identification card has 8 been issued shall be responsible for the safekeeping thereof 9 and shall not loan, or allow any other person to use or 10 display, the identification card. 11 (5)(4) Failure to comply with any of the provisions of 12 this section shall be a disciplinable offense against the 13 contractor pursuant to s. 489.533. 14 Section 3. Section 489.529, Florida Statutes, 1996 15 Supplement, is amended to read: 16 489.529 Alarm verification calls required.--All 17 residential or commercial intrusion/burglary alarms that have 18 central monitoring must have a central monitoring verification 19 call made to the premises generating the alarm signal, prior 20 to alarm monitor personnel contacting a law enforcement agency 21 for alarm dispatch. However, if the alarms have properly 22 operating visual or auditory sensors that enable the 23 monitoring personnel to verify the alarm signal, verification 24 calling is not required. 25 Section 4. Section 489.5315, Florida Statutes, is 26 created to read: 27 489.5315 Proprietary electrical or alarm 28 contractors.--Businesses that obtain an electrical or burglar 29 alarm system license to work only on their own equipment, and 30 that do not offer electrical or alarm contracting services to 31 the public, are not electrical or burglar alarm system 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1307 551-123-97 1 contracting businesses and do not have to obtain an 2 occupational license in addition to any they are otherwise 3 required to have. 4 Section 5. This act shall take effect July 1, 1997. 5 6 ***************************************** 7 SENATE SUMMARY 8 Amends provisions relating to alarm system contracting. Changes the term "alarm system agent" to "burglar alarm 9 system agent." Allows certain employers to conduct their own training. Provides exceptions to certain training 10 requirements. Eliminates the necessity of a verification call in certain situations. Provides that certain persons 11 do not need a separate license. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6