House Bill 4429

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    Florida House of Representatives - 1998                HB 4429

        By the Committee on Business Regulation & Consumer Affairs
    and Representatives Ogles, Lynn and Dawson-White





  1                      A bill to be entitled

  2         An act relating to fire alarm system

  3         contracting; amending s. 489.505, F.S.;

  4         defining the term "fire alarm system agent";

  5         creating s. 489.5185, F.S.; providing

  6         requirements for fire alarm system agents,

  7         including specified training and fingerprint

  8         and criminal background checks; providing for

  9         fees for approval of training providers and

10         courses; providing applicability to applicants,

11         current employees, and various licensees;

12         requiring an identification card and providing

13         requirements therefor; providing continuing

14         education requirements; providing disciplinary

15         penalties; providing an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Subsection (28) is added to section

20  489.505, Florida Statutes, to read:

21         489.505  Definitions.--As used in this part:

22         (28)  "Fire alarm system agent" means a person:

23         (a)  Who is employed by a licensed fire alarm

24  contractor or certified unlimited electrical contractor;

25         (b)  Who is performing duties which are an element of

26  an activity that constitutes fire alarm system contracting

27  requiring certification under this part; and

28         (c)  Whose specific duties include any of the

29  following:  altering, installing, maintaining, moving,

30  repairing, replacing, servicing, selling onsite, or monitoring

31  a fire alarm system for compensation.

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    Florida House of Representatives - 1998                HB 4429

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  1         Section 2.  Section 489.5185, Florida Statutes, is

  2  created to read:

  3         489.5185  Fire alarm system agents.--

  4         (1)  A certified unlimited electrical contractor or

  5  licensed fire alarm contractor may not employ a person to

  6  perform the duties of a fire alarm system agent unless the

  7  person:

  8         (a)  Is at least 18 years of age or has evidence of a

  9  court-approved declaration of emancipation.

10         (b)  Has successfully completed a minimum of 18 hours

11  of initial training, to include basic fire alarm system

12  technology in addition to related training in National Fire

13  Protection Association (NFPA) codes and standards and access

14  control training. Such training must be from a board-approved

15  provider, and the employee or applicant for employment must

16  provide proof of successful completion to the licensed

17  employer. The board, by rule, shall establish criteria for the

18  approval of training courses and providers. The board shall

19  approve qualified providers that conduct training in other

20  than the English language. The board shall establish a fee for

21  the approval of training providers, not to exceed $200, and a

22  fee for the approval of courses at $25 per credit hour, not to

23  exceed $100 per course.

24         (c)  Has not been convicted within the last 3 years of

25  a crime that directly relates to the business for which

26  employment is being sought. Although the employee is barred

27  from operating as a fire alarm system agent for 3 years

28  subsequent to his or her conviction, the employer shall be

29  supplied the information regarding any convictions occurring

30  prior to that time, and the employer may at his or her

31  discretion consider an earlier conviction to be a bar to

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    Florida House of Representatives - 1998                HB 4429

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  1  employment as a fire alarm system agent. To ensure that this

  2  requirement has been met, a certified unlimited electrical

  3  contractor or licensed fire alarm contractor must obtain from

  4  the Florida Department of Law Enforcement a completed

  5  fingerprint and criminal background check for each applicant

  6  for employment as a fire alarm system agent or for each

  7  individual currently employed on the effective date of this

  8  act as a fire alarm system agent.

  9         (d)  Has not been committed for controlled substance

10  abuse or been found guilty of a crime under chapter 893 or any

11  similar law relating to controlled substances in any other

12  state within the 3-year period immediately preceding the date

13  of application for employment, or immediately preceding the

14  effective date of this act for an individual employed as a

15  fire alarm system agent on that date, unless the person

16  establishes that he or she is not currently abusing any

17  controlled substance and has successfully completed a

18  rehabilitation course.

19         (2)(a)  Any applicant for employment as a fire alarm

20  system agent, or any individual employed as a fire alarm

21  system agent on the effective date of this act, who has

22  completed alarm system agent or burglar alarm system agent

23  training prior to the effective date of this act in a

24  board-certified program is not required to take additional

25  training in order to comply with the initial training

26  requirements of this section.

27         (b)  A state-certified electrical contractor, a

28  state-certified fire alarm system contractor, a

29  state-registered fire alarm system contractor, a journeyman

30  electrician licensed by any local jurisdiction, or an alarm

31  technician licensed by a local jurisdiction that requires an

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    Florida House of Representatives - 1998                HB 4429

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  1  examination and experience or training as licensure

  2  qualifications is not required to complete the training

  3  required for fire alarm system agents. A state-registered

  4  electrical contractor is not required to complete the training

  5  required for fire alarm system agents, so long as he or she is

  6  only doing electrical work up to the alarm panel.

  7         (c)  A nonsupervising employee working as a helper or

  8  apprentice under the direct, onsite, continuous supervision of

  9  a state-certified electrical contractor, a state-registered

10  electrical contractor, a state-certified fire alarm system

11  contractor, a state-registered fire alarm system contractor, a

12  journeyman electrician licensed by any local jurisdiction, an

13  alarm technician licensed by a local jurisdiction that

14  requires an examination and experience or training as

15  licensure qualifications, or a qualified fire alarm system

16  agent is not required to complete the training otherwise

17  required and is not required to be 18 years of age or older.

18         (d)  A burglar alarm system agent employed by a

19  licensed fire alarm contractor or certified unlimited

20  electrical contractor who has fulfilled all requirements of s.

21  489.518 prior to the effective date of this act is not

22  required to complete the initial training required by this

23  section for fire alarm system agents.

24         (3)  An applicant for employment as a fire alarm system

25  agent may commence employment, or an individual employed as a

26  fire alarm system agent on the effective date of this act may

27  continue employment, pending completion of both the training

28  and the fingerprint and criminal background checks required by

29  this section, for a period not to exceed 90 days after the

30  date of application for employment or 90 days after the

31  effective date of this act for individuals employed as fire

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    Florida House of Representatives - 1998                HB 4429

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  1  alarm system agents on that date. However, the person must

  2  work under the direction and control of a sponsoring certified

  3  unlimited electrical contractor or licensed fire alarm

  4  contractor until completion of both the training and the

  5  fingerprint and criminal background checks. If an applicant or

  6  an individual employed on the effective date of this act does

  7  not complete the training or receive satisfactory fingerprint

  8  and criminal background checks within the 90-day period, the

  9  employment must be terminated immediately.

10         (4)(a)  A certified unlimited electrical contractor or

11  licensed fire alarm contractor must furnish each of his or her

12  fire alarm system agents with an identification card.

13         (b)  The card shall follow a board-approved format, to

14  include a picture of the agent; shall specify at least the

15  name of the holder of the card and the name and license number

16  of the certified unlimited electrical contractor or licensed

17  fire alarm contractor; and shall be signed by both the

18  contractor and the holder of the card. Each identification

19  card shall be valid for a period of 2 years after the date of

20  issuance. The identification card must be in the possession of

21  the fire alarm system agent while engaged in fire alarm system

22  agent duties.

23         (c)  Each person to whom an identification card has

24  been issued is responsible for the safekeeping thereof, and

25  may not loan, or allow any other person to use or display, the

26  identification card.

27         (d)  Each identification card must be renewed every 2

28  years and in a board-approved format to show compliance with

29  the 6 hours of continuing education necessary to maintain

30  certification as a fire alarm system agent.

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    Florida House of Representatives - 1998                HB 4429

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  1         (5)  Each fire alarm system agent must receive 6 hours

  2  of continuing education on fire alarm system installation and

  3  repair every 2 years from a board-approved sponsor of training

  4  and through a board-approved training course.

  5         (6)  Failure to comply with any of the provisions of

  6  this section shall be grounds for disciplinary action against

  7  the contractor pursuant to s. 489.533.

  8         Section 3.  This act shall take effect January 1 of the

  9  year after the year in which enacted.

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11            *****************************************

12                          HOUSE SUMMARY

13
      Defines the term "alarm system agent." Provides
14    requirements for fire alarm system agents, including
      specified training and fingerprint and criminal
15    background checks. Provides for fees for approval of
      training providers and courses. Provides applicability to
16    applicants, current employees, and various licensees.
      Requires an identification card and provides requirements
17    therefor. Provides continuing education requirements.
      Provides disciplinary penalties. See bill for details.
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