Senate Bill sb1952

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    Florida Senate - 2003                                  SB 1952

    By Senator Bennett





    21-1288-03                                          See HB 745

  1                      A bill to be entitled

  2         An act relating to electrical and alarm system

  3         contracting; amending s. 489.517, F.S.;

  4         requiring certificateholders and registrants to

  5         have continuing education on false alarm

  6         prevention; amending s. 489.518, F.S.; revising

  7         qualifications for burglar alarm system agents;

  8         requiring additional criminal background check;

  9         removing an exemption from training

10         requirements for persons who only perform

11         sales; authorizing employment as an alarm

12         system agent or burglar alarm system agent

13         under supervision for a specified period

14         pending completion of training and the criminal

15         background check; providing format, validity

16         period, and renewal requirements for burglar

17         alarm system agent identification cards;

18         requiring an updated criminal background check

19         of each burglar alarm system agent renewing

20         certification; providing continuing education

21         requirements for burglar alarm system agents;

22         amending s. 489.5185, F.S.; revising

23         qualifications for fire alarm system agents;

24         requiring additional criminal background check;

25         requiring an updated criminal background check

26         of each fire alarm system agent renewing

27         certification; requiring fire alarm system

28         agents to have continuing education on false

29         alarm prevention; amending s. 489.529, F.S.;

30         requiring a second alarm-verification call if

31  

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    Florida Senate - 2003                                  SB 1952
    21-1288-03                                          See HB 745




 1         the first call is unanswered; providing an

 2         effective date.

 3  

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

 5  

 6         Section 1.  Paragraph (b) of subsection (4) of section

 7  489.517, Florida Statutes, is amended to read:

 8         489.517  Renewal of certificate or registration;

 9  continuing education.--

10         (4)

11         (b)  Of the 14 classroom hours of continuing education

12  required, at least 7 hours must be on technical subjects, 2

13  hours on false alarm prevention, 1 hour on workers'

14  compensation, 1 hour on workplace safety, and 1 hour on

15  business practices.

16         Section 2.  Section 489.518, Florida Statutes, is

17  amended to read:

18         489.518  Alarm system agents.--

19         (1)  A licensed electrical or alarm system contractor

20  may not employ a person to perform the duties of a burglar

21  alarm system agent unless the person:

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

23  court-approved declaration of emancipation.

24         (b)  Has successfully completed a minimum of 12 hours

25  of training, to include basic alarm system electronics in

26  addition to related training including CCTV and access control

27  training, with at least 2 hours on false alarm prevention.

28  Such training shall be from a board-approved provider, and the

29  employee or applicant for employment shall provide proof of

30  successful completion to the licensed employer. The board

31  shall by rule establish criteria for the approval of training

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    Florida Senate - 2003                                  SB 1952
    21-1288-03                                          See HB 745




 1  courses and providers and may by rule establish criteria for

 2  accepting alternative nonclassroom education on an

 3  hour-for-hour basis. The board shall approve providers that

 4  conduct training in other than the English language. The board

 5  shall establish a fee for the approval of training providers

 6  or courses, not to exceed $60. Qualified employers may conduct

 7  training classes for their employees, with board approval.

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

 9  a crime that directly relates to the business for which

10  employment is being sought. Although the employee is barred

11  from operating as an alarm system agent for 3 years subsequent

12  to his or her conviction, the employer shall be supplied the

13  information regarding any convictions occurring prior to that

14  time, and the employer may at his or her discretion consider

15  an earlier conviction to be a bar to employment as an alarm

16  system agent. To ensure that this requirement has been met, a

17  licensed electrical or alarm contractor must obtain from the

18  Florida Department of Law Enforcement a completed fingerprint

19  and criminal background check, including a check through the

20  National Crime Information Center, for each applicant for

21  employment as a burglar alarm system agent or for each

22  individual currently employed on the effective date of this

23  act as a burglar alarm system agent.

24         (d)  Has not been committed for controlled substance

25  abuse or been found guilty of a crime under chapter 893 or a

26  similar law relating to controlled substances in any other

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

28  of application for employment, or the effective date of this

29  act for an individual employed as a burglar alarm system agent

30  on that date, unless he or she establishes that he or she is

31  

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    Florida Senate - 2003                                  SB 1952
    21-1288-03                                          See HB 745




 1  not currently abusing any controlled substance and has

 2  successfully completed a rehabilitation course.

 3         (2)(a)  Persons who perform only monitoring or sales

 4  are not required to complete the training required for burglar

 5  alarm system agents.

 6         (b)  Persons who perform only monitoring at an

 7  out-of-state location are not required to comply with

 8  background check requirements.

 9         (c)  Persons who perform proprietary burglar alarm

10  system agent duties for only a single employer, and who do not

11  offer alarm system contracting services to the public, are not

12  required to comply with background check requirements.

13         (d)  A state-certified electrical contractor, a

14  state-certified alarm system contractor, a state-registered

15  alarm system contractor, a journeyman electrician licensed by

16  any local jurisdiction, or an alarm technician licensed by a

17  local jurisdiction that requires an examination and experience

18  or training as licensure qualifications, is not required to

19  complete the training required for burglar alarm system

20  agents. A state-registered electrical contractor is not

21  required to complete the training required for burglar alarm

22  system agents, so long as he or she is only doing electrical

23  work up to the alarm panel.

24         (e)  A nonsupervising employee working as a helper or

25  apprentice under the direct, on-site, continuous supervision

26  of a state-certified electrical contractor, a state-registered

27  electrical contractor, a state-certified alarm system

28  contractor, a state-registered alarm system contractor, a

29  journeyman electrician licensed by any local jurisdiction, an

30  alarm technician licensed by a local jurisdiction that

31  requires an examination and experience or training as

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    Florida Senate - 2003                                  SB 1952
    21-1288-03                                          See HB 745




 1  licensure qualifications, or a qualified alarm system agent is

 2  not required to complete the training otherwise required and

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

 4         (3)  An applicant for employment as an alarm system

 5  agent, or an individual employed as a burglar alarm system

 6  agent on the effective date of this act, may commence or

 7  continue employment pending the completion of the required

 8  training and the results of the background check required by

 9  this section for a period not to exceed 90 60 days after the

10  date of application for employment, or 90 60 days after the

11  effective date of this act for individuals currently employed

12  as burglar alarm system agents. However, the person must work

13  under the direction and control of a sponsoring licensed

14  electrical or burglar alarm system contractor pending the

15  completion of the training and the criminal background check.

16  If an applicant or an individual employed on the effective

17  date of this act does not complete the training or receive a

18  satisfactory criminal background check within the 90-day

19  60-day period, the employment must be terminated immediately.

20         (4)(a)  A licensed electrical or alarm system

21  contractor shall furnish each of its burglar alarm system

22  agents with an identification card.

23         (b)  The card shall follow a board-approved format. The

24  card shall include a picture of the agent, and shall specify

25  at least the name of the holder of the card and the name and

26  license number of the contractor, and shall be signed by the

27  contractor and by the holder of the card. Each identification

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

29  issuance. The identification card shall be in the possession

30  of each burglar alarm system agent while engaged in burglar

31  alarm system agent duties.

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    Florida Senate - 2003                                  SB 1952
    21-1288-03                                          See HB 745




 1         (c)(b)  Each person to whom an identification card has

 2  been issued shall be responsible for the safekeeping thereof

 3  and shall not loan, or allow any other person to use or

 4  display, the identification card.

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

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

 7  the 6 hours of continuing education necessary to maintain

 8  certification as a burglar alarm system agent.

 9         (e)  Each licensed electrical or alarm system

10  contractor must obtain an updated criminal background check

11  from the Florida Department of Law Enforcement for each

12  burglar alarm system agent who renews certification.

13         (5)  Each burglar alarm system agent must receive 6

14  hours of continuing education on burglar alarm system

15  installation and repair and false alarm prevention every 2

16  years from a board-approved sponsor of training and through a

17  board-approved training course.

18         (6)(5)  Failure to comply with any of the provisions of

19  this section shall be a disciplinable offense against the

20  contractor pursuant to s. 489.533.

21         Section 3.  Section 489.5185, Florida Statutes, is

22  amended to read:

23         489.5185  Fire alarm system agents.--

24         (1)  A certified unlimited electrical contractor or

25  licensed fire alarm contractor may not employ a person to

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

27  person:

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

29  court-approved declaration of emancipation.

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

31  of initial training, to include basic fire alarm system

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    Florida Senate - 2003                                  SB 1952
    21-1288-03                                          See HB 745




 1  technology in addition to related training in National Fire

 2  Protection Association (NFPA) codes and standards and access

 3  control training, with at least 2 hours on false alarm

 4  prevention. Such training must be from a board-approved

 5  provider, and the employee or applicant for employment must

 6  provide proof of successful completion to the licensed

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

 8  approval of training courses and providers. The board shall

 9  approve qualified providers that conduct training in other

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

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

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

13  exceed $100 per course.

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

15  a crime that directly relates to the business for which

16  employment is being sought. Although the employee is barred

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

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

19  supplied the information regarding any convictions occurring

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

21  discretion consider an earlier conviction to be a bar to

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

23  requirement has been met, a certified unlimited electrical

24  contractor or licensed fire alarm contractor must obtain from

25  the Florida Department of Law Enforcement a completed

26  fingerprint and criminal background check, including a check

27  through the National Crime Information Center, for each

28  applicant for employment as a fire alarm system agent or for

29  each individual currently employed on the effective date of

30  this act as a fire alarm system agent.

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    Florida Senate - 2003                                  SB 1952
    21-1288-03                                          See HB 745




 1         (d)  Has not been committed for controlled substance

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

 3  similar law relating to controlled substances in any other

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

 5  of application for employment, or immediately preceding the

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

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

 8  establishes that he or she is not currently abusing any

 9  controlled substance and has successfully completed a

10  rehabilitation course.

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

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

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

14  completed alarm system agent or burglar alarm system agent

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

16  board-certified program is not required to take additional

17  training in order to comply with the initial training

18  requirements of this section.

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

20  state-certified fire alarm system contractor, a

21  state-registered fire alarm system contractor, a journeyman

22  electrician licensed by any local jurisdiction, or an alarm

23  technician licensed by a local jurisdiction that requires an

24  examination and experience or training as licensure

25  qualifications is not required to complete the training

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

27  electrical contractor is not required to complete the training

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

29  only doing electrical work up to the alarm panel.

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

31  apprentice under the direct, onsite, continuous supervision of

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    Florida Senate - 2003                                  SB 1952
    21-1288-03                                          See HB 745




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

 2  electrical contractor, a state-certified fire alarm system

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

 4  journeyman electrician licensed by any local jurisdiction, an

 5  alarm technician licensed by a local jurisdiction that

 6  requires an examination and experience or training as

 7  licensure qualifications, or a qualified fire alarm system

 8  agent is not required to complete the training otherwise

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

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

11  licensed fire alarm contractor or certified unlimited

12  electrical contractor who has fulfilled all requirements of s.

13  489.518 prior to the effective date of this act is not

14  required to complete the initial training required by this

15  section for fire alarm system agents.

16         (e)  Persons who perform only monitoring are not

17  required to complete the training required for fire alarm

18  system agents.

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

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

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

22  continue employment, pending completion of both the training

23  and the fingerprint and criminal background checks required by

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

25  date of application for employment or 90 days after the

26  effective date of this act for individuals employed as fire

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

28  work under the direction and control of a sponsoring certified

29  unlimited electrical contractor or licensed fire alarm

30  contractor until completion of both the training and the

31  fingerprint and criminal background checks. If an applicant or

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    Florida Senate - 2003                                  SB 1952
    21-1288-03                                          See HB 745




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

 2  not complete the training or receive satisfactory fingerprint

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

 4  employment must be terminated immediately.

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

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

 7  fire alarm system agents with an identification card.

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

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

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

11  of the certified unlimited electrical contractor or licensed

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

13  contractor and the holder of the card. Each identification

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

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

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

17  agent duties.

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

19  been issued is responsible for the safekeeping thereof, and

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

21  identification card.

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

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

24  the 6 hours of continuing education necessary to maintain

25  certification as a fire alarm system agent.

26         (e)  Each licensed electrical or alarm system

27  contractor must obtain an updated criminal background check

28  from the Florida Department of Law Enforcement for each fire

29  alarm system agent who renews certification.

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

31  of continuing education on fire alarm system installation and

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    Florida Senate - 2003                                  SB 1952
    21-1288-03                                          See HB 745




 1  repair and false alarm prevention every 2 years from a

 2  board-approved sponsor of training and through a

 3  board-approved training course.

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

 5  this section shall be grounds for disciplinary action against

 6  the contractor pursuant to s. 489.533.

 7         Section 4.  Section 489.529, Florida Statutes, is

 8  amended to read:

 9         489.529  Alarm verification calls required.--All

10  residential or commercial intrusion/burglary alarms that have

11  central monitoring must have a central monitoring verification

12  call made to the premises generating the alarm signal, prior

13  to alarm monitor personnel contacting a law enforcement agency

14  for alarm dispatch. The central monitoring station should make

15  a second call to the premises generating the alarm signal if

16  the first call is not answered. However, if the

17  intrusion/burglary alarms have properly operating visual or

18  auditory sensors that enable the monitoring personnel to

19  verify the alarm signal, verification calling is not required.

20         Section 5.  This act shall take effect July 1, 2003.

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