CODING: Words stricken are deletions; words underlined are additions.House Bill 1307er
ENROLLED
1997 Legislature HB 1307, First Engrossed
1
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.
ENROLLED
1997 Legislature 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.
ENROLLED
1997 Legislature 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.
ENROLLED
1997 Legislature 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.
ENROLLED
1997 Legislature 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.
ENROLLED
1997 Legislature 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