HB 0745 2003
1	A bill to be entitled
2	An act relating to electrical and alarm system
3	contracting; amending s. 489.517, F.S.; requiring
4	certificateholders and registrants to have continuing
5	education on false alarm prevention; amending s. 489.518,
6	F.S.; revising qualifications for burglar alarm system
7	agents; requiring additional criminal background check;
8	removing an exemption from training requirements for
9	persons who only perform sales; authorizing employment as
10	an alarm system agent or burglar alarm system agent under
11	supervision for a specified period pending completion of
12	training and the criminal background check; providing
13	format, validity period, and renewal requirements for
14	burglar alarm system agent identification cards; requiring
15	an updated criminal background check of each burglar alarm
16	system agent renewing certification; providing continuing
17	education requirements for burglar alarm system agents;
18	amending s. 489.5185, F.S.; revising qualifications for
19	fire alarm system agents; requiring additional criminal
20	background check; requiring an updated criminal background
21	check of each fire alarm system agent renewing
22	certification; requiring fire alarm system agents to have
23	continuing education on false alarm prevention; amending
24	s. 489.529, F.S.; requiring a second alarm verification
25	call if the first call is unanswered; providing an
26	effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1. Paragraph (b) of subsection (4) of section
31	489.517, Florida Statutes, is amended to read:
32	489.517 Renewal of certificate or registration; continuing
33	education.--
34	(4)
35	(b) Of the 14 classroom hours of continuing education
36	required, at least 7 hours must be on technical subjects, 2
37	hours on false alarm prevention,1 hour on workers'
38	compensation, 1 hour on workplace safety, and 1 hour on business
39	practices.
40	Section 2. Section 489.518, Florida Statutes, is amended
41	toread:
42	489.518 Alarm system agents.--
43	(1) A licensed electrical or alarm system contractor may
44	not employ a person to perform the duties of a burglar alarm
45	system agent unless the person:
46	(a) Is at least 18 years of age or has evidence of a
47	court-approved declaration of emancipation.
48	(b) Has successfully completed a minimum of 12 hours of
49	training, to include basic alarm system electronics in addition
50	to related training including CCTV and access control training,
51	with at least 2 hours on false alarm prevention. Such training
52	shall be from a board-approved provider, and the employee or
53	applicant for employment shall provide proof of successful
54	completion to the licensed employer. The board shall by rule
55	establish criteria for the approval of training courses and
56	providers and may by rule establish criteria for accepting
57	alternative nonclassroom education on an hour-for-hour basis.
58	The board shall approve providers that conduct training in other
59	than the English language. The board shall establish a fee for
60	the approval of training providers or courses, not to exceed
61	$60. Qualified employers may conduct training classes for their
62	employees, with board approval.
63	(c) Has not been convicted within the last 3 years of a
64	crime that directly relates to the business for which employment
65	is being sought. Although the employee is barred from operating
66	as an alarm system agent for 3 years subsequent to his or her
67	conviction, the employer shall be supplied the information
68	regarding any convictions occurring prior to that time, and the
69	employer may at his or her discretion consider an earlier
70	conviction to be a bar to employment as an alarm system agent.
71	To ensure that this requirement has been met, a licensed
72	electrical or alarm contractor must obtain from the Florida
73	Department of Law Enforcement a completed fingerprint and
74	criminal background check, including a check through the
75	National Crime Information Center,for each applicant for
76	employment as a burglar alarm system agent or for each
77	individual currently employed on the effective date of this act
78	as a burglar alarm system agent.
79	(d) Has not been committed for controlled substance abuse
80	or been found guilty of a crime under chapter 893 or a similar
81	law relating to controlled substances in any other state within
82	the 3-year period immediately preceding the date of application
83	for employment, or the effective date of this act for an
84	individual employed as a burglar alarm system agent on that
85	date, unless he or she establishes that he or she is not
86	currently abusing any controlled substance and has successfully
87	completed a rehabilitation course.
88	(2)(a) Persons who perform only monitoring or salesare
89	not required to complete the training required for burglar alarm
90	system agents.
91	(b) Persons who perform only monitoring at an out-of-state
92	location are not required to comply with background check
93	requirements.
94	(c) Persons who perform proprietary burglar alarm system
95	agent duties for only a single employer, and who do not offer
96	alarm system contracting services to the public, are not
97	required to comply with background check requirements.
98	(d) A state-certified electrical contractor, a state-
99	certified alarm system contractor, a state-registered alarm
100	system contractor, a journeyman electrician licensed by any
101	local jurisdiction, or an alarm technician licensed by a local
102	jurisdiction that requires an examination and experience or
103	training as licensure qualifications, is not required to
104	complete the training required for burglar alarm system agents.
105	A state-registered electrical contractor is not required to
106	complete the training required for burglar alarm system agents,
107	so long as he or she is only doing electrical work up to the
108	alarm panel.
109	(e) A nonsupervising employee working as a helper or
110	apprentice under the direct, on-site, continuous supervision of
111	a state-certified electrical contractor, a state-registered
112	electrical contractor, a state-certified alarm system
113	contractor, a state-registered alarm system contractor, a
114	journeyman electrician licensed by any local jurisdiction, an
115	alarm technician licensed by a local jurisdiction that requires
116	an examination and experience or training as licensure
117	qualifications, or a qualified alarm system agent is not
118	required to complete the training otherwise required and is not
119	required to be 18 years of age or older.
120	(3) An applicant for employment as an alarm system agent,
121	or an individual employed as a burglar alarm system agent on the
122	effective date of this act, may commence or continue employment
123	pending the completion of the required training and the results
124	of the background check required by this section for a period
125	not to exceed 9060days after the date of application for
126	employment, or 9060days after the effective date of this act
127	for individuals currently employed as burglar alarm system
128	agents. However, the person must work under the direction and
129	control of a sponsoring licensed electrical or burglar alarm
130	system contractor pending the completion of the training and the
131	criminal background check. If an applicant or an individual
132	employed on the effective date of this act does not complete the
133	training or receive a satisfactory criminal background check
134	within the 90-day60-dayperiod, the employment must be
135	terminated immediately.
136	(4)(a) A licensed electrical or alarm system contractor
137	shall furnish each of its burglar alarm system agents with an
138	identification card.
139	(b) The card shall follow a board-approved format.The
140	card shall include a picture of the agent, andshall specify at
141	least the name of the holder of the card and the name and
142	license number of the contractor, and shall be signed by the
143	contractor and by the holder of the card. Each identification
144	card shall be valid for a period of 2 years after the date of
145	issuance.The identification card shall be in the possession of
146	each burglar alarm system agent while engaged in burglar alarm
147	system agent duties.
148	(c)(b)Each person to whom an identification card has been
149	issued shall be responsible for the safekeeping thereof and
150	shall not loan, or allow any other person to use or display, the
151	identification card.
152	(d) Each identification card must be renewed every 2 years
153	and in a board-approved format to show compliance with the 6
154	hours of continuing education necessary to maintain
155	certification as a burglar alarm system agent.
156	(e) Each licensed electrical or alarm system contractor
157	must obtain an updated criminal background check from the
158	Florida Department of Law Enforcement for each burglar alarm
159	system agent who renews certification.
160	(5) Each burglar alarm system agent must receive 6 hours
161	of continuing education on burglar alarm system installation and
162	repair and false alarm prevention every 2 years from a board-
163	approved sponsor of training and through a board-approved
164	training course.
165	(6)(5)Failure to comply with any of the provisions of
166	this section shall be a disciplinable offense against the
167	contractor pursuant to s. 489.533.
168	Section 3. Section 489.5185, Florida Statutes, is amended
169	to read:
170	489.5185 Fire alarm system agents.--
171	(1) A certified unlimited electrical contractor or
172	licensed fire alarm contractor may not employ a person to
173	perform the duties of a fire alarm system agent unless the
174	person:
175	(a) Is at least 18 years of age or has evidence of a
176	court-approved declaration of emancipation.
177	(b) Has successfully completed a minimum of 18 hours of
178	initial training, to include basic fire alarm system technology
179	in addition to related training in National Fire Protection
180	Association (NFPA) codes and standards and access control
181	training, with at least 2 hours on false alarm prevention. Such
182	training must be from a board-approved provider, and the
183	employee or applicant for employment must provide proof of
184	successful completion to the licensed employer. The board, by
185	rule, shall establish criteria for the approval of training
186	courses and providers. The board shall approve qualified
187	providers that conduct training in other than the English
188	language. The board shall establish a fee for the approval of
189	training providers, not to exceed $200, and a fee for the
190	approval of courses at $25 per credit hour, not to exceed $100
191	per course.
192	(c) Has not been convicted within the last 3 years of a
193	crime that directly relates to the business for which employment
194	is being sought. Although the employee is barred from operating
195	as a fire alarm system agent for 3 years subsequent to his or
196	her conviction, the employer shall be supplied the information
197	regarding any convictions occurring prior to that time, and the
198	employer may at his or her discretion consider an earlier
199	conviction to be a bar to employment as a fire alarm system
200	agent. To ensure that this requirement has been met, a certified
201	unlimited electrical contractor or licensed fire alarm
202	contractor must obtain from the Florida Department of Law
203	Enforcement a completed fingerprint and criminal background
204	check, including a check through the National Crime Information
205	Center,for each applicant for employment as a fire alarm system
206	agent or for each individual currently employed on the effective
207	date of this act as a fire alarm system agent.
208	(d) Has not been committed for controlled substance abuse
209	or been found guilty of a crime under chapter 893 or any similar
210	law relating to controlled substances in any other state within
211	the 3-year period immediately preceding the date of application
212	for employment, or immediately preceding the effective date of
213	this act for an individual employed as a fire alarm system agent
214	on that date, unless the person establishes that he or she is
215	not currently abusing any controlled substance and has
216	successfully completed a rehabilitation course.
217	(2)(a) Any applicant for employment as a fire alarm system
218	agent, or any individual employed as a fire alarm system agent
219	on the effective date of this act, who has completed alarm
220	system agent or burglar alarm system agent training prior to the
221	effective date of this act in a board-certified program is not
222	required to take additional training in order to comply with the
223	initial training requirements of this section.
224	(b) A state-certified electrical contractor, a state-
225	certified fire alarm system contractor, a state-registered fire
226	alarm system contractor, a journeyman electrician licensed by
227	any local jurisdiction, or an alarm technician licensed by a
228	local jurisdiction that requires an examination and experience
229	or training as licensure qualifications is not required to
230	complete the training required for fire alarm system agents. A
231	state-registered electrical contractor is not required to
232	complete the training required for fire alarm system agents, so
233	long as he or she is only doing electrical work up to the alarm
234	panel.
235	(c) A nonsupervising employee working as a helper or
236	apprentice under the direct, onsite, continuous supervision of a
237	state-certified electrical contractor, a state-registered
238	electrical contractor, a state-certified fire alarm system
239	contractor, a state-registered fire alarm system contractor, a
240	journeyman electrician licensed by any local jurisdiction, an
241	alarm technician licensed by a local jurisdiction that requires
242	an examination and experience or training as licensure
243	qualifications, or a qualified fire alarm system agent is not
244	required to complete the training otherwise required and is not
245	required to be 18 years of age or older.
246	(d) A burglar alarm system agent employed by a licensed
247	fire alarm contractor or certified unlimited electrical
248	contractor who has fulfilled all requirements of s. 489.518
249	prior to the effective date of this act is not required to
250	complete the initial training required by this section for fire
251	alarm system agents.
252	(e) Persons who perform only monitoring are not required
253	to complete the training required for fire alarm system agents.
254	(3) An applicant for employment as a fire alarm system
255	agent may commence employment, or an individual employed as a
256	fire alarm system agent on the effective date of this act may
257	continue employment, pending completion of both the training and
258	the fingerprint and criminal background checks required by this
259	section, for a period not to exceed 90 days after the date of
260	application for employment or 90 days after the effective date
261	of this act for individuals employed as fire alarm system agents
262	on that date. However, the person must work under the direction
263	and control of a sponsoring certified unlimited electrical
264	contractor or licensed fire alarm contractor until completion of
265	both the training and the fingerprint and criminal background
266	checks. If an applicant or an individual employed on the
267	effective date of this act does not complete the training or
268	receive satisfactory fingerprint and criminal background checks
269	within the 90-day period, the employment must be terminated
270	immediately.
271	(4)(a) A certified unlimited electrical contractor or
272	licensed fire alarm contractor must furnish each of his or her
273	fire alarm system agents with an identification card.
274	(b) The card shall follow a board-approved format, to
275	include a picture of the agent; shall specify at least the name
276	of the holder of the card and the name and license number of the
277	certified unlimited electrical contractor or licensed fire alarm
278	contractor; and shall be signed by both the contractor and the
279	holder of the card. Each identification card shall be valid for
280	a period of 2 years after the date of issuance. The
281	identification card must be in the possession of the fire alarm
282	system agent while engaged in fire alarm system agent duties.
283	(c) Each person to whom an identification card has been
284	issued is responsible for the safekeeping thereof, and may not
285	loan, or allow any other person to use or display, the
286	identification card.
287	(d) Each identification card must be renewed every 2 years
288	and in a board-approved format to show compliance with the 6
289	hours of continuing education necessary to maintain
290	certification as a fire alarm system agent.
291	(e) Each licensed electrical or alarm system contractor
292	must obtain an updated criminal background check from the
293	Florida Department of Law Enforcement for each fire alarm system
294	agent who renews certification.
295	(5) Each fire alarm system agent must receive 6 hours of
296	continuing education on fire alarm system installation and
297	repair and false alarm preventionevery 2 years from a board-
298	approved sponsor of training and through a board-approved
299	training course.
300	(6) Failure to comply with any of the provisions of this
301	section shall be grounds for disciplinary action against the
302	contractor pursuant to s. 489.533.
303	Section 4. Section 489.529, Florida Statutes, is amended
304	to read:
305	489.529 Alarm verification calls required.--All
306	residential or commercial intrusion/burglary alarms that have
307	central monitoring must have a central monitoring verification
308	call made to the premises generating the alarm signal, prior to
309	alarm monitor personnel contacting a law enforcement agency for
310	alarm dispatch. The central monitoring station should make a
311	second call to the premises generating the alarm signal if the
312	first call is not answered.However, if the intrusion/burglary
313	alarms have properly operating visual or auditory sensors that
314	enable the monitoring personnel to verify the alarm signal,
315	verification calling is not required.
316	Section 5. This act shall take effect July 1, 2003.