Senate Bill sb1952c1

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    Florida Senate - 2003                           CS for SB 1952

    By the Committee on Regulated Industries; and Senator Bennett





    315-2167-03

  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                           CS for SB 1952
    315-2167-03




 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, 1

13  hour on workers' compensation, 1 hour on workplace safety, and

14  1 hour on business practices, and for alarm system contractors

15  and electrical contractors engaged in alarm system

16  contracting, 2 hours on false alarm prevention.

17         Section 2.  Section 489.518, Florida Statutes, is

18  amended to read:

19         489.518  Alarm system agents.--

20         (1)  A licensed electrical or alarm system contractor

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

22  alarm system agent unless the person:

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

24  court-approved declaration of emancipation.

25         (b)  Has successfully completed a minimum of 14 12

26  hours of training, to include basic alarm system electronics

27  in addition to related training including CCTV and access

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

29  prevention. Such training shall be from a board-approved

30  provider, and the employee or applicant for employment shall

31  provide proof of successful completion to the licensed

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    Florida Senate - 2003                           CS for SB 1952
    315-2167-03




 1  employer. The board shall by rule establish criteria for the

 2  approval of training courses and providers and may by rule

 3  establish criteria for accepting alternative nonclassroom

 4  education on an hour-for-hour basis. The board shall approve

 5  providers that conduct training in other than the English

 6  language. The board shall establish a fee for the approval of

 7  training providers or courses, not to exceed $60. Qualified

 8  employers may conduct training classes for their employees,

 9  with board approval.

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

11  a crime that directly relates to the business for which

12  employment is being sought. Although the employee is barred

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

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

15  information regarding any convictions occurring prior to that

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

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

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

19  licensed electrical or alarm contractor must obtain from the

20  Florida Department of Law Enforcement a completed fingerprint

21  and criminal background check, including a check through the

22  National Crime Information Center, for each applicant for

23  employment as a burglar alarm system agent or for each

24  individual currently employed on the effective date of this

25  act as a burglar alarm system agent.

26         (d)  Has not been committed for controlled substance

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

28  similar law relating to controlled substances in any other

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

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

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

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    Florida Senate - 2003                           CS for SB 1952
    315-2167-03




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

 2  not currently abusing any controlled substance and has

 3  successfully completed a rehabilitation course.

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

 5  are not required to complete the training required for burglar

 6  alarm system agents.

 7         (b)  Persons who perform only monitoring at an

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

 9  background check requirements.

10         (c)  Persons who perform proprietary burglar alarm

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

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

13  required to comply with background check requirements.

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

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

16  alarm system contractor, a journeyman electrician licensed by

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

18  local jurisdiction that requires an examination and experience

19  or training as licensure qualifications, is not required to

20  complete the training required for burglar alarm system

21  agents. A state-registered electrical contractor is not

22  required to complete the training required for burglar alarm

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

24  work up to the alarm panel.

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

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

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

28  electrical contractor, a state-certified alarm system

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

30  journeyman electrician licensed by any local jurisdiction, an

31  alarm technician licensed by a local jurisdiction that

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    Florida Senate - 2003                           CS for SB 1952
    315-2167-03




 1  requires an examination and experience or training as

 2  licensure qualifications, or a qualified alarm system agent is

 3  not required to complete the training otherwise required and

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

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

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

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

 8  continue employment pending the completion of the required

 9  training and the results of the background check required by

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

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

12  effective date of this act for individuals currently employed

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

14  under the direction and control of a sponsoring licensed

15  electrical or burglar alarm system contractor pending the

16  completion of the training and the criminal background check.

17  If an applicant or an individual employed on the effective

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

19  satisfactory criminal background check within the 90-day

20  60-day period, the employment must be terminated immediately.

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

22  contractor shall furnish each of its burglar alarm system

23  agents with an identification card.

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

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

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

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

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

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

30  issuance. The identification card shall be in the possession

31  

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    Florida Senate - 2003                           CS for SB 1952
    315-2167-03




 1  of each burglar alarm system agent while engaged in burglar

 2  alarm system agent duties.

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

 4  been issued shall be responsible for the safekeeping thereof

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

 6  display, the identification card.

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

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

 9  the 6 hours of continuing education necessary to maintain

10  certification as a burglar alarm system agent.

11         (e)  Each licensed electrical or alarm system

12  contractor must obtain an updated criminal background check

13  from the Florida Department of Law Enforcement for each

14  burglar alarm system agent who renews certification.

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

16  hours of continuing education on burglar alarm system

17  installation and repair and false alarm prevention every 2

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

19  board-approved training course.

20         (6)(5)  Failure to comply with any of the provisions of

21  this section shall be a disciplinable offense against the

22  contractor pursuant to s. 489.533.

23         Section 3.  Section 489.5185, Florida Statutes, is

24  amended to read:

25         489.5185  Fire alarm system agents.--

26         (1)  A certified unlimited electrical contractor or

27  licensed fire alarm contractor may not employ a person to

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

29  person:

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

31  court-approved declaration of emancipation.

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    Florida Senate - 2003                           CS for SB 1952
    315-2167-03




 1         (b)  Has successfully completed a minimum of 14 18

 2  hours of initial training, to include basic fire alarm system

 3  technology in addition to related training in National Fire

 4  Protection Association (NFPA) codes and standards and access

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

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

 7  provider, and the employee or applicant for employment must

 8  provide proof of successful completion to the licensed

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

10  approval of training courses and providers. The board shall

11  approve qualified providers that conduct training in other

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

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

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

15  exceed $100 per course.

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

17  a crime that directly relates to the business for which

18  employment is being sought. Although the employee is barred

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

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

21  supplied the information regarding any convictions occurring

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

23  discretion consider an earlier conviction to be a bar to

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

25  requirement has been met, a certified unlimited electrical

26  contractor or licensed fire alarm contractor must obtain from

27  the Florida Department of Law Enforcement a completed

28  fingerprint and criminal background check, including a check

29  through the National Crime Information Center, for each

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

31  

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    Florida Senate - 2003                           CS for SB 1952
    315-2167-03




 1  each individual currently employed on the effective date of

 2  this act as a fire alarm system agent.

 3         (d)  Has not been committed for controlled substance

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

 5  similar law relating to controlled substances in any other

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

 7  of application for employment, or immediately preceding the

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

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

10  establishes that he or she is not currently abusing any

11  controlled substance and has successfully completed a

12  rehabilitation course.

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

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

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

16  completed alarm system agent or burglar alarm system agent

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

18  board-certified program is not required to take additional

19  training in order to comply with the initial training

20  requirements of this section.

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

22  state-certified fire alarm system contractor, a

23  state-registered fire alarm system contractor, a journeyman

24  electrician licensed by any local jurisdiction, or an alarm

25  technician licensed by a local jurisdiction that requires an

26  examination and experience or training as licensure

27  qualifications is not required to complete the training

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

29  electrical contractor is not required to complete the training

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

31  only doing electrical work up to the alarm panel.

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    Florida Senate - 2003                           CS for SB 1952
    315-2167-03




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

 2  apprentice under the direct, onsite, continuous supervision of

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

 4  electrical contractor, a state-certified fire alarm system

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

 6  journeyman electrician licensed by any local jurisdiction, an

 7  alarm technician licensed by a local jurisdiction that

 8  requires an examination and experience or training as

 9  licensure qualifications, or a qualified fire alarm system

10  agent is not required to complete the training otherwise

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

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

13  licensed fire alarm contractor or certified unlimited

14  electrical contractor who has fulfilled all requirements of s.

15  489.518 prior to the effective date of this act is not

16  required to complete the initial training required by this

17  section for fire alarm system agents.

18         (e)  Persons who perform only monitoring are not

19  required to complete the training required for fire alarm

20  system agents.

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

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

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

24  continue employment, pending completion of both the training

25  and the fingerprint and criminal background checks required by

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

27  date of application for employment or 90 days after the

28  effective date of this act for individuals employed as fire

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

30  work under the direction and control of a sponsoring certified

31  unlimited electrical contractor or licensed fire alarm

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    Florida Senate - 2003                           CS for SB 1952
    315-2167-03




 1  contractor until completion of both the training and the

 2  fingerprint and criminal background checks. If an applicant or

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

 4  not complete the training or receive satisfactory fingerprint

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

 6  employment must be terminated immediately.

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

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

 9  fire alarm system agents with an identification card.

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

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

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

13  of the certified unlimited electrical contractor or licensed

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

15  contractor and the holder of the card. Each identification

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

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

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

19  agent duties.

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

21  been issued is responsible for the safekeeping thereof, and

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

23  identification card.

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

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

26  the 6 hours of continuing education necessary to maintain

27  certification as a fire alarm system agent.

28         (e)  Each licensed electrical or alarm system

29  contractor must obtain an updated criminal background check

30  from the Florida Department of Law Enforcement for each fire

31  alarm system agent who renews certification.

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    Florida Senate - 2003                           CS for SB 1952
    315-2167-03




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

 2  of continuing education on fire alarm system installation and

 3  repair and false alarm prevention every 2 years from a

 4  board-approved sponsor of training and through a

 5  board-approved training course.

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

 7  this section shall be grounds for disciplinary action against

 8  the contractor pursuant to s. 489.533.

 9         Section 4.  Section 489.529, Florida Statutes, is

10  amended to read:

11         489.529  Alarm verification calls required.--All

12  residential or commercial intrusion/burglary alarms that have

13  central monitoring must have a central monitoring verification

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

15  to alarm monitor personnel contacting a law enforcement agency

16  for alarm dispatch. The central monitoring station should make

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

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

19  intrusion/burglary alarms have properly operating visual or

20  auditory sensors that enable the monitoring personnel to

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

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

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 1952

26                                 

27  Clarifies that only alarm system contractors and electrical
    system contractors engaged in alarm system contracting be
28  required to take 2 hours on false alarm system prevention as
    part of the required 14 classroom hours of continuing
29  education for renewal of their certificates or registrations.

30  Changes the continuing education hours for alarm system agents
    from 12 to 14 and changes the continuing education hours for
31  fire alarm system agents from 18 to 14.

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