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House Bill 1307e1

HB 1307, First Engrossed 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. HB 1307, First Engrossed 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 within the last 3 years of 31 a crime that directly relates to the business for which 2 CODING: Words stricken are deletions; words underlined are additions. HB 1307, First Engrossed 1 employment is being sought. Although the employee is barred 2 from operating as an alarm system agent for 3 years subsequent 3 to his conviction, the employer shall be supplied the 4 information regarding any convictions occurring prior to that 5 time, and the employer may at his discretion consider an 6 earlier conviction to be a bar to employment as an alarm 7 system agent. To ensure that this requirement has been met, a 8 licensed electrical or alarm contractor must obtain from the 9 Florida Department of Law Enforcement a completed fingerprint 10 and criminal background check for each applicant for 11 employment as a burglar an alarm system agent or for each 12 individual currently employed on the effective date of this 13 act as a burglar an alarm system agent. 14 (d) Has not been committed for controlled substance 15 abuse or been found guilty of a crime under chapter 893 or a 16 similar law relating to controlled substances in any other 17 state within the 3-year period immediately preceding the date 18 of application for employment, or the effective date of this 19 act for an individual employed as a burglar an alarm system 20 agent on that date, unless he or she establishes that he or 21 she is not currently abusing any controlled substance and has 22 successfully completed a rehabilitation course. 23 (2)(a) Persons who perform only monitoring or sales 24 are not required to complete the training required for burglar 25 alarm system agents. 26 (b) Persons who perform only monitoring at an 27 out-of-state location are not required to comply with 28 background check requirements. 29 (c) Persons who perform proprietary burglar alarm 30 system agent duties for only a single employer, and who do not 31 3 CODING: Words stricken are deletions; words underlined are additions. HB 1307, First Engrossed 1 offer alarm system contracting services to the public, are not 2 required to comply with background check requirements. 3 (d) Any applicant for employment as a burglar alarm 4 system agent, or any individual employed as a burglar alarm 5 system agent on July 1, 1997, who has completed training 6 between July 1, 1995, and July 1, 1997, in a program that, 7 upon application, meets the standards for training providers 8 need not take additional training in order to comply with this 9 section. 10 (e) A state-certified electrical contractor, a 11 state-certified alarm system contractor, a state-registered 12 alarm system contractor, a journeyman electrician licensed by 13 any local jurisdiction, or an alarm technician licensed by a 14 local jurisdiction that requires an examination and experience 15 or training as licensure qualifications, is not required to 16 complete the training required for burglar alarm system 17 agents. A state-registered electrical contractor is not 18 required to complete the training required for burglar alarm 19 system agents, so long as he or she is only doing electrical 20 work up to the alarm panel. 21 (f) A nonsupervising employee working as a helper or 22 apprentice under the direct, on-site, continuous supervision 23 of a state-certified electrical contractor, a state-registered 24 electrical contractor, a state-certified alarm system 25 contractor, a state-registered alarm system contractor, a 26 journeyman electrician licensed by any local jurisdiction, an 27 alarm technician licensed by a local jurisdiction that 28 requires an examination and experience or training as 29 licensure qualifications, or a qualified alarm system agent is 30 not required to complete the training otherwise required and 31 is not required to be 18 years of age or older. 4 CODING: Words stricken are deletions; words underlined are additions. HB 1307, First Engrossed 1 (3)(2) An applicant for employment as an alarm system 2 agent, or an individual employed as a burglar an alarm system 3 agent on the effective date of this act, may commence or 4 continue employment pending the completion of the required 5 training and the results of the background check required by 6 this section for a period not to exceed 60 days after the date 7 of application for employment, or 60 days after the effective 8 date of this act for individuals currently employed as burglar 9 alarm system agents. However, the person must work under the 10 direction and control of a sponsoring licensed electrical or 11 burglar alarm system contractor pending the completion of the 12 training and the criminal background check. If an applicant 13 or an individual employed on the effective date of this act 14 does not complete the training or receive a satisfactory 15 criminal background check within the 60-day period, the 16 employment must be terminated immediately. 17 (4)(3)(a) A licensed electrical or alarm system 18 contractor shall furnish each of its burglar alarm system 19 agents with an identification card. The card shall include a 20 picture of the agent, and shall specify at least the name of 21 the holder of the card and the name and license number of the 22 contractor, and shall be signed by the contractor and by the 23 holder of the card. The identification card shall be in the 24 possession of each burglar alarm system agent while engaged in 25 burglar alarm system agent duties. 26 (b) Each person to whom an identification card has 27 been issued shall be responsible for the safekeeping thereof 28 and shall not loan, or allow any other person to use or 29 display, the identification card. 30 31 5 CODING: Words stricken are deletions; words underlined are additions. HB 1307, First Engrossed 1 (5)(4) Failure to comply with any of the provisions of 2 this section shall be a disciplinable offense against the 3 contractor pursuant to s. 489.533. 4 Section 3. Section 489.529, Florida Statutes, 1996 5 Supplement, is amended to read: 6 489.529 Alarm verification calls required.--All 7 residential or commercial intrusion/burglary alarms that have 8 central monitoring must have a central monitoring verification 9 call made to the premises generating the alarm signal, prior 10 to alarm monitor personnel contacting a law enforcement agency 11 for alarm dispatch. However, if the intrusion/burglary alarms 12 have properly operating visual or auditory sensors that enable 13 the monitoring personnel to verify the alarm signal, 14 verification calling is not required. 15 Section 4. Section 489.5315, Florida Statutes, is 16 created to read: 17 489.5315 Proprietary electrical or alarm 18 contractors.--Businesses that obtain an electrical or burglar 19 alarm system license to work only on their own equipment, and 20 that do not offer electrical or alarm contracting services to 21 the public, are not electrical or burglar alarm system 22 contracting businesses and do not have to obtain an 23 occupational license in addition to any they are otherwise 24 required to have. 25 Section 5. This act shall take effect July 1, 1997. 26 27 28 29 30 31 6