HB 0745 2003
1	CHAMBER ACTION
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6	The Committee on Business Regulation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to electrical and alarm system
12	contracting; amending s. 489.517, F.S.; requiring
13	certificateholders and registrants to have continuing
14	education on false alarm prevention; amending s. 489.518,
15	F.S.; revising qualifications for burglar alarm system
16	agents; requiring additional criminal background check;
17	removing an exemption from training requirements for
18	persons who only perform sales; authorizing employment as
19	an alarm system agent or burglar alarm system agent under
20	supervision for a specified period pending completion of
21	training and the criminal background check; providing
22	format, validity period, and renewal requirements for
23	burglar alarm system agent identification cards; requiring
24	an updated criminal background check of each burglar alarm
25	system agent renewing certification; providing continuing
26	education requirements for burglar alarm system agents;
27	amending s. 489.5185, F.S.; revising qualifications for
28	fire alarm system agents; requiring additional criminal
29	background check; requiring an updated criminal background
30	check of each fire alarm system agent renewing
31	certification; requiring fire alarm system agents to have
32	continuing education on false alarm prevention; amending
33	s. 489.529, F.S.; requiring a second alarm verification
34	call if the first call is unanswered; providing an
35	effective date.
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37	Be It Enacted by the Legislature of the State of Florida:
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39	Section 1. Paragraph (b) of subsection (4) of section
40	489.517, Florida Statutes, is amended to read:
41	489.517 Renewal of certificate or registration; continuing
42	education.--
43	(4)
44	(b) Of the 14 classroom hours of continuing education
45	required, at least 7 hours must be on technical subjects, 2
46	hours on false alarm prevention,1 hour on workers'
47	compensation, 1 hour on workplace safety, and 1 hour on business
48	practices.
49	Section 2. Section 489.518, Florida Statutes, is amended
50	to read:
51	489.518 Alarm system agents.--
52	(1) A licensed electrical or alarm system contractor may
53	not employ a person to perform the duties of a burglar alarm
54	system agent unless the person:
55	(a) Is at least 18 years of age or has evidence of a
56	court-approved declaration of emancipation.
57	(b) Has successfully completed a minimum of 1412hours of
58	training, to include basic alarm system electronics in addition
59	to related training including CCTV and access control training,
60	with at least 2 hours on false alarm prevention. Such training
61	shall be from a board-approved provider, and the employee or
62	applicant for employment shall provide proof of successful
63	completion to the licensed employer. The board shall by rule
64	establish criteria for the approval of training courses and
65	providers and may by rule establish criteria for accepting
66	alternative nonclassroom education on an hour-for-hour basis.
67	The board shall approve providers that conduct training in other
68	than the English language. The board shall establish a fee for
69	the approval of training providers or courses, not to exceed
70	$60. Qualified employers may conduct training classes for their
71	employees, with board approval.
72	(c) Has not been convicted within the last 3 years of a
73	crime that directly relates to the business for which employment
74	is being sought. Although the employee is barred from operating
75	as an alarm system agent for 3 years subsequent to his or her
76	conviction, the employer shall be supplied the information
77	regarding any convictions occurring prior to that time, and the
78	employer may at his or her discretion consider an earlier
79	conviction to be a bar to employment as an alarm system agent.
80	To ensure that this requirement has been met, a licensed
81	electrical or alarm contractor must obtain from the Florida
82	Department of Law Enforcement a completed fingerprint and
83	criminal background check, including a check through the
84	National Crime Information Center,for each applicant for
85	employment as a burglar alarm system agent or for each
86	individual currently employed on the effective date of this act
87	as a burglar alarm system agent.
88	(d) Has not been committed for controlled substance abuse
89	or been found guilty of a crime under chapter 893 or a similar
90	law relating to controlled substances in any other state within
91	the 3-year period immediately preceding the date of application
92	for employment, or the effective date of this act for an
93	individual employed as a burglar alarm system agent on that
94	date, unless he or she establishes that he or she is not
95	currently abusing any controlled substance and has successfully
96	completed a rehabilitation course.
97	(2)(a) Persons who perform only monitoring or salesare
98	not required to complete the training required for burglar alarm
99	system agents.
100	(b) Persons who perform only monitoring at an out-of-state
101	location are not required to comply with background check
102	requirements.
103	(c) Persons who perform proprietary burglar alarm system
104	agent duties for only a single employer, and who do not offer
105	alarm system contracting services to the public, are not
106	required to comply with background check requirements.
107	(d) A state-certified electrical contractor, a state-
108	certified alarm system contractor, a state-registered alarm
109	system contractor, a journeyman electrician licensed by any
110	local jurisdiction, or an alarm technician licensed by a local
111	jurisdiction that requires an examination and experience or
112	training as licensure qualifications, is not required to
113	complete the training required for burglar alarm system agents.
114	A state-registered electrical contractor is not required to
115	complete the training required for burglar alarm system agents,
116	so long as he or she is only doing electrical work up to the
117	alarm panel.
118	(e) A nonsupervising employee working as a helper or
119	apprentice under the direct, on-site, continuous supervision of
120	a state-certified electrical contractor, a state-registered
121	electrical contractor, a state-certified alarm system
122	contractor, a state-registered alarm system contractor, a
123	journeyman electrician licensed by any local jurisdiction, an
124	alarm technician licensed by a local jurisdiction that requires
125	an examination and experience or training as licensure
126	qualifications, or a qualified alarm system agent is not
127	required to complete the training otherwise required and is not
128	required to be 18 years of age or older.
129	(3) An applicant for employment as an alarm system agent,
130	or an individual employed as a burglar alarm system agent on the
131	effective date of this act, may commence or continue employment
132	pending the completion of the required training and the results
133	of the background check required by this section for a period
134	not to exceed 9060days after the date of application for
135	employment, or 9060days after the effective date of this act
136	for individuals currently employed as burglar alarm system
137	agents. However, the person must work under the direction and
138	control of a sponsoring licensed electrical or burglar alarm
139	system contractor pending the completion of the training and the
140	criminal background check. If an applicant or an individual
141	employed on the effective date of this act does not complete the
142	training or receive a satisfactory criminal background check
143	within the 90-day60-dayperiod, the employment must be
144	terminated immediately.
145	(4)(a) A licensed electrical or alarm system contractor
146	shall furnish each of its burglar alarm system agents with an
147	identification card.
148	(b) The card shall follow a board-approved format.The
149	card shall include a picture of the agent, andshall specify at
150	least the name of the holder of the card and the name and
151	license number of the contractor, and shall be signed by the
152	contractor and by the holder of the card. Each identification
153	card shall be valid for a period of 2 years after the date of
154	issuance.The identification card shall be in the possession of
155	each burglar alarm system agent while engaged in burglar alarm
156	system agent duties.
157	(c)(b)Each person to whom an identification card has been
158	issued shall be responsible for the safekeeping thereof and
159	shall not loan, or allow any other person to use or display, the
160	identification card.
161	(d) Each identification card must be renewed every 2 years
162	and in a board-approved format to show compliance with the 6
163	hours of continuing education necessary to maintain
164	certification as a burglar alarm system agent.
165	(e) Each licensed electrical or alarm system contractor
166	must obtain an updated criminal background check from the
167	Florida Department of Law Enforcement for each burglar alarm
168	system agent who renews certification.
169	(5) Each burglar alarm system agent must receive 6 hours
170	of continuing education on burglar alarm system installation and
171	repair and false alarm prevention every 2 years from a board-
172	approved sponsor of training and through a board-approved
173	training course.
174	(6)(5)Failure to comply with any of the provisions of
175	this section shall be a disciplinable offense against the
176	contractor pursuant to s. 489.533.
177	Section 3. Section 489.5185, Florida Statutes, is amended
178	to read:
179	489.5185 Fire alarm system agents.--
180	(1) A certified unlimited electrical contractor or
181	licensed fire alarm contractor may not employ a person to
182	perform the duties of a fire alarm system agent unless the
183	person:
184	(a) Is at least 18 years of age or has evidence of a
185	court-approved declaration of emancipation.
186	(b) Has successfully completed a minimum of 1418hours of
187	initial training, to include basic fire alarm system technology
188	in addition to related training in National Fire Protection
189	Association (NFPA) codes and standards and access control
190	training, with at least 2 hours on false alarm prevention. Such
191	training must be from a board-approved provider, and the
192	employee or applicant for employment must provide proof of
193	successful completion to the licensed employer. The board, by
194	rule, shall establish criteria for the approval of training
195	courses and providers. The board shall approve qualified
196	providers that conduct training in other than the English
197	language. The board shall establish a fee for the approval of
198	training providers, not to exceed $200, and a fee for the
199	approval of courses at $25 per credit hour, not to exceed $100
200	per course.
201	(c) Has not been convicted within the last 3 years of a
202	crime that directly relates to the business for which employment
203	is being sought. Although the employee is barred from operating
204	as a fire alarm system agent for 3 years subsequent to his or
205	her conviction, the employer shall be supplied the information
206	regarding any convictions occurring prior to that time, and the
207	employer may at his or her discretion consider an earlier
208	conviction to be a bar to employment as a fire alarm system
209	agent. To ensure that this requirement has been met, a certified
210	unlimited electrical contractor or licensed fire alarm
211	contractor must obtain from the Florida Department of Law
212	Enforcement a completed fingerprint and criminal background
213	check, including a check through the National Crime Information
214	Center,for each applicant for employment as a fire alarm system
215	agent or for each individual currently employed on the effective
216	date of this act as a fire alarm system agent.
217	(d) Has not been committed for controlled substance abuse
218	or been found guilty of a crime under chapter 893 or any similar
219	law relating to controlled substances in any other state within
220	the 3-year period immediately preceding the date of application
221	for employment, or immediately preceding the effective date of
222	this act for an individual employed as a fire alarm system agent
223	on that date, unless the person establishes that he or she is
224	not currently abusing any controlled substance and has
225	successfully completed a rehabilitation course.
226	(2)(a) Any applicant for employment as a fire alarm system
227	agent, or any individual employed as a fire alarm system agent
228	on the effective date of this act, who has completed alarm
229	system agent or burglar alarm system agent training prior to the
230	effective date of this act in a board-certified program is not
231	required to take additional training in order to comply with the
232	initial training requirements of this section.
233	(b) A state-certified electrical contractor, a state-
234	certified fire alarm system contractor, a state-registered fire
235	alarm system contractor, a journeyman electrician licensed by
236	any local jurisdiction, or an alarm technician licensed by a
237	local jurisdiction that requires an examination and experience
238	or training as licensure qualifications is not required to
239	complete the training required for fire alarm system agents. A
240	state-registered electrical contractor is not required to
241	complete the training required for fire alarm system agents, so
242	long as he or she is only doing electrical work up to the alarm
243	panel.
244	(c) A nonsupervising employee working as a helper or
245	apprentice under the direct, onsite, continuous supervision of a
246	state-certified electrical contractor, a state-registered
247	electrical contractor, a state-certified fire alarm system
248	contractor, a state-registered fire alarm system contractor, a
249	journeyman electrician licensed by any local jurisdiction, an
250	alarm technician licensed by a local jurisdiction that requires
251	an examination and experience or training as licensure
252	qualifications, or a qualified fire alarm system agent is not
253	required to complete the training otherwise required and is not
254	required to be 18 years of age or older.
255	(d) A burglar alarm system agent employed by a licensed
256	fire alarm contractor or certified unlimited electrical
257	contractor who has fulfilled all requirements of s. 489.518
258	prior to the effective date of this act is not required to
259	complete the initial training required by this section for fire
260	alarm system agents.
261	(e) Persons who perform only monitoring are not required
262	to complete the training required for fire alarm system agents.
263	(3) An applicant for employment as a fire alarm system
264	agent may commence employment, or an individual employed as a
265	fire alarm system agent on the effective date of this act may
266	continue employment, pending completion of both the training and
267	the fingerprint and criminal background checks required by this
268	section, for a period not to exceed 90 days after the date of
269	application for employment or 90 days after the effective date
270	of this act for individuals employed as fire alarm system agents
271	on that date. However, the person must work under the direction
272	and control of a sponsoring certified unlimited electrical
273	contractor or licensed fire alarm contractor until completion of
274	both the training and the fingerprint and criminal background
275	checks. If an applicant or an individual employed on the
276	effective date of this act does not complete the training or
277	receive satisfactory fingerprint and criminal background checks
278	within the 90-day period, the employment must be terminated
279	immediately.
280	(4)(a) A certified unlimited electrical contractor or
281	licensed fire alarm contractor must furnish each of his or her
282	fire alarm system agents with an identification card.
283	(b) The card shall follow a board-approved format, to
284	include a picture of the agent; shall specify at least the name
285	of the holder of the card and the name and license number of the
286	certified unlimited electrical contractor or licensed fire alarm
287	contractor; and shall be signed by both the contractor and the
288	holder of the card. Each identification card shall be valid for
289	a period of 2 years after the date of issuance. The
290	identification card must be in the possession of the fire alarm
291	system agent while engaged in fire alarm system agent duties.
292	(c) Each person to whom an identification card has been
293	issued is responsible for the safekeeping thereof, and may not
294	loan, or allow any other person to use or display, the
295	identification card.
296	(d) Each identification card must be renewed every 2 years
297	and in a board-approved format to show compliance with the 6
298	hours of continuing education necessary to maintain
299	certification as a fire alarm system agent.
300	(e) Each licensed electrical or alarm system contractor
301	must obtain an updated criminal background check from the
302	Florida Department of Law Enforcement for each fire alarm system
303	agent who renews certification.
304	(5) Each fire alarm system agent must receive 6 hours of
305	continuing education on fire alarm system installation and
306	repair and false alarm preventionevery 2 years from a board-
307	approved sponsor of training and through a board-approved
308	training course.
309	(6) Failure to comply with any of the provisions of this
310	section shall be grounds for disciplinary action against the
311	contractor pursuant to s. 489.533.
312	Section 4. Section 489.529, Florida Statutes, is amended
313	to read:
314	489.529 Alarm verification calls required.--All
315	residential or commercial intrusion/burglary alarms that have
316	central monitoring must have a central monitoring verification
317	call made to the premises generating the alarm signal, prior to
318	alarm monitor personnel contacting a law enforcement agency for
319	alarm dispatch. The central monitoring station should make a
320	second call to the premises generating the alarm signal if the
321	first call is not answered.However, if the intrusion/burglary
322	alarms have properly operating visual or auditory sensors that
323	enable the monitoring personnel to verify the alarm signal,
324	verification calling is not required.
325	Section 5. This act shall take effect July 1, 2003.