HB 1093

1
A bill to be entitled
2An act relating to electrical and alarm system
3contracting; amending s. 489.517, F.S.; requiring
4certificateholders and registrants to have continuing
5education in preventing false alarms; amending s. 489.518,
6F.S.; revising qualifications for burglar alarm system
7agents; requiring an additional criminal background check;
8requiring submission of fingerprints for state and federal
9processing; removing an exemption from training
10requirements for persons who only perform sales;
11authorizing employment as an alarm system agent or burglar
12alarm system agent under supervision for a specified
13period, pending completion of training and the criminal
14background check; providing the format, the validity
15period, and renewal requirements for burglar alarm system
16agent identification cards; requiring an updated criminal
17background check of each burglar alarm system agent who
18renews certification; providing continuing education
19requirements for burglar alarm system agents; amending s.
20489.5185, F.S.; revising qualifications for fire alarm
21system agents; requiring an additional criminal background
22check; requiring submission of fingerprints for state and
23federal processing; requiring an updated criminal
24background check of each fire alarm system agent who
25renews certification; requiring fire alarm system agents
26to have continuing education in preventing false alarms;
27amending s. 489.529, F.S.; requiring a second alarm-
28verification call if the first call is unanswered;
29providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Paragraph (b) of subsection (4) of section
34489.517, Florida Statutes, is amended to read:
35     489.517  Renewal of certificate or registration; continuing
36education.--
37     (4)
38     (b)  Of the 14 classroom hours of continuing education
39required, at least 7 hours must be on technical subjects, 1 hour
40on workers' compensation, 1 hour on workplace safety, and 1 hour
41on business practices, and for alarm system contractors and
42electrical contractors engaged in alarm system contracting, 2
43hours on false alarm prevention.
44     Section 2.  Section 489.518, Florida Statutes, is amended
45to read:
46     489.518  Alarm system agents.--
47     (1)  A licensed electrical or alarm system contractor may
48not employ a person to perform the duties of a burglar alarm
49system agent unless the person:
50     (a)  Is at least 18 years of age or has evidence of a
51court-approved declaration of emancipation.
52     (b)  Has successfully completed a minimum of 14 12 hours of
53training, to include basic alarm system electronics in addition
54to related training including CCTV and access control training,
55with at least 2 hours of training in the prevention of false
56alarms. Such training shall be from a board-approved provider,
57and the employee or applicant for employment shall provide proof
58of successful completion to the licensed employer. The board
59shall by rule establish criteria for the approval of training
60courses and providers and may by rule establish criteria for
61accepting alternative nonclassroom education on an hour-for-hour
62basis. The board shall approve providers that conduct training
63in other than the English language. The board shall establish a
64fee for the approval of training providers or courses, not to
65exceed $60. Qualified employers may conduct training classes for
66their employees, with board approval.
67     (c)  Has not been convicted within the last 3 years of a
68crime that directly relates to the business for which employment
69is being sought. Although the employee is barred from operating
70as an alarm system agent for 3 years subsequent to his or her
71conviction, the employer shall be supplied the information
72regarding any convictions occurring prior to that time, and the
73employer may at his or her discretion consider an earlier
74conviction to be a bar to employment as an alarm system agent.
75To ensure that this requirement has been met, a licensed
76electrical or alarm contractor must obtain from the Florida
77Department of Law Enforcement a completed fingerprint and
78criminal background check, including a check through the
79National Crime Information Center. Each individual subject to
80the criminal background check shall file a complete set of
81fingerprints with the Department of Law Enforcement for state
82processing and with the Federal Bureau of Investigation for
83federal processing for each applicant for employment as a
84burglar alarm system agent or for each individual currently
85employed on the effective date of this act as a burglar alarm
86system agent.
87     (d)  Has not been committed for controlled substance abuse
88or been found guilty of a crime under chapter 893 or a similar
89law relating to controlled substances in any other state within
90the 3-year period immediately preceding the date of application
91for employment, or the effective date of this act for an
92individual employed as a burglar alarm system agent on that
93date, unless he or she establishes that he or she is not
94currently abusing any controlled substance and has successfully
95completed a rehabilitation course.
96     (2)(a)  Persons who perform only monitoring or sales are
97not required to complete the training required for burglar alarm
98system agents.
99     (b)  Persons who perform only monitoring at an out-of-state
100location are not required to comply with background check
101requirements.
102     (c)  Persons who perform proprietary burglar alarm system
103agent duties for only a single employer, and who do not offer
104alarm system contracting services to the public, are not
105required to comply with background check requirements.
106     (d)  A state-certified electrical contractor, a state-
107certified alarm system contractor, a state-registered alarm
108system contractor, a journeyman electrician licensed by any
109local jurisdiction, or an alarm technician licensed by a local
110jurisdiction that requires an examination and experience or
111training as licensure qualifications, is not required to
112complete the training required for burglar alarm system agents.
113A state-registered electrical contractor is not required to
114complete the training required for burglar alarm system agents,
115so long as he or she is only doing electrical work up to the
116alarm panel.
117     (e)  A nonsupervising employee working as a helper or
118apprentice under the direct, on-site, continuous supervision of
119a state-certified electrical contractor, a state-registered
120electrical contractor, a state-certified alarm system
121contractor, a state-registered alarm system contractor, a
122journeyman electrician licensed by any local jurisdiction, an
123alarm technician licensed by a local jurisdiction that requires
124an examination and experience or training as licensure
125qualifications, or a qualified alarm system agent is not
126required to complete the training otherwise required and is not
127required to be 18 years of age or older.
128     (3)  An applicant for employment as an alarm system agent,
129or an individual employed as a burglar alarm system agent on the
130effective date of this act, may commence or continue employment
131pending the completion of the required training and the results
132of the background check required by this section for a period
133not to exceed 90 60 days after the date of application for
134employment, or 90 60 days after the effective date of this act
135for individuals currently employed as burglar alarm system
136agents. However, the person must work under the direction and
137control of a sponsoring licensed electrical or burglar alarm
138system contractor pending the completion of the training and the
139criminal background check. If an applicant or an individual
140employed on the effective date of this act does not complete the
141training or receive a satisfactory criminal background check
142within the 90-day 60-day period, the employment must be
143terminated immediately.
144     (4)(a)  A licensed electrical or alarm system contractor
145shall furnish each of its burglar alarm system agents with an
146identification card.
147     (b)  The identification card shall be designed in a board-
148approved format. The card must shall include a picture of the
149agent, must and shall specify at least the name of the holder of
150the card and the name and license number of the contractor, and
151must shall be signed by the contractor and by the holder of the
152card. Each identification card is valid for a period of 2 years
153after the date of issuance. The identification card must shall
154be in the possession of each burglar alarm system agent while
155engaged in burglar alarm system agent duties.
156     (c)(b)  Each person to whom an identification card has been
157issued shall be responsible for the safekeeping thereof and
158shall not loan, or allow any other person to use or display, the
159identification card.
160     (d)  Each identification card must be renewed every 2 years
161and in a board-approved format to show compliance with the 6
162hours of continuing education necessary to maintain
163certification as a burglar alarm system agent.
164     (e)  Each licensed electrical or alarm system contractor
165must obtain an updated criminal background check from the
166Department of Law Enforcement for each burglar alarm system
167agent who renews certification.
168     (5)  Each burglar alarm system agent must receive 6 hours
169of continuing education on burglar alarm system installation and
170repair and false alarm prevention every 2 years from a board-
171approved sponsor of training and through a board-approved
172training course.
173     (6)(5)  Failure to comply with any of the provisions of
174this section shall be a disciplinable offense against the
175contractor pursuant to s. 489.533.
176     Section 3.  Section 489.5185, Florida Statutes, is amended
177to read:
178     489.5185  Fire alarm system agents.--
179     (1)  A certified unlimited electrical contractor or
180licensed fire alarm contractor may not employ a person to
181perform the duties of a fire alarm system agent unless the
182person:
183     (a)  Is at least 18 years of age or has evidence of a
184court-approved declaration of emancipation.
185     (b)  Has successfully completed a minimum of 14 18 hours of
186initial training, to include basic fire alarm system technology
187in addition to related training in National Fire Protection
188Association (NFPA) codes and standards and access control
189training, with at least 2 hours of training in the prevention of
190false alarms. Such training must be from a board-approved
191provider, and the employee or applicant for employment must
192provide proof of successful completion to the licensed employer.
193The board, by rule, shall establish criteria for the approval of
194training courses and providers. The board shall approve
195qualified providers that conduct training in other than the
196English language. The board shall establish a fee for the
197approval of training providers, not to exceed $200, and a fee
198for the approval of courses at $25 per credit hour, not to
199exceed $100 per course.
200     (c)  Has not been convicted within the last 3 years of a
201crime that directly relates to the business for which employment
202is being sought. Although the employee is barred from operating
203as a fire alarm system agent for 3 years subsequent to his or
204her conviction, the employer shall be supplied the information
205regarding any convictions occurring prior to that time, and the
206employer may at his or her discretion consider an earlier
207conviction to be a bar to employment as a fire alarm system
208agent. To ensure that this requirement has been met, a certified
209unlimited electrical contractor or licensed fire alarm
210contractor must obtain from the Florida Department of Law
211Enforcement a completed fingerprint and criminal background
212check, including a check through the National Crime Information
213Center. Each individual subject to the criminal background check
214shall file a complete set of fingerprints with the Department of
215Law Enforcement for state processing and with the Federal Bureau
216of Investigation for federal processing for each applicant for
217employment as a fire alarm system agent or for each individual
218currently employed on the effective date of this act as a fire
219alarm system agent.
220     (d)  Has not been committed for controlled substance abuse
221or been found guilty of a crime under chapter 893 or any similar
222law relating to controlled substances in any other state within
223the 3-year period immediately preceding the date of application
224for employment, or immediately preceding the effective date of
225this act for an individual employed as a fire alarm system agent
226on that date, unless the person establishes that he or she is
227not currently abusing any controlled substance and has
228successfully completed a rehabilitation course.
229     (2)(a)  Any applicant for employment as a fire alarm system
230agent, or any individual employed as a fire alarm system agent
231on the effective date of this act, who has completed alarm
232system agent or burglar alarm system agent training prior to the
233effective date of this act in a board-certified program is not
234required to take additional training in order to comply with the
235initial training requirements of this section.
236     (b)  A state-certified electrical contractor, a state-
237certified fire alarm system contractor, a state-registered fire
238alarm system contractor, a journeyman electrician licensed by
239any local jurisdiction, or an alarm technician licensed by a
240local jurisdiction that requires an examination and experience
241or training as licensure qualifications is not required to
242complete the training required for fire alarm system agents. A
243state-registered electrical contractor is not required to
244complete the training required for fire alarm system agents, so
245long as he or she is only doing electrical work up to the alarm
246panel.
247     (c)  A nonsupervising employee working as a helper or
248apprentice under the direct, onsite, continuous supervision of a
249state-certified electrical contractor, a state-registered
250electrical contractor, a state-certified fire alarm system
251contractor, a state-registered fire alarm system contractor, a
252journeyman electrician licensed by any local jurisdiction, an
253alarm technician licensed by a local jurisdiction that requires
254an examination and experience or training as licensure
255qualifications, or a qualified fire alarm system agent is not
256required to complete the training otherwise required and is not
257required to be 18 years of age or older.
258     (d)  A burglar alarm system agent employed by a licensed
259fire alarm contractor or certified unlimited electrical
260contractor who has fulfilled all requirements of s. 489.518
261prior to the effective date of this act is not required to
262complete the initial training required by this section for fire
263alarm system agents.
264     (e)  Persons who perform only monitoring are not required
265to complete the training required for fire alarm system agents.
266     (3)  An applicant for employment as a fire alarm system
267agent may commence employment, or an individual employed as a
268fire alarm system agent on the effective date of this act may
269continue employment, pending completion of both the training and
270the fingerprint and criminal background checks required by this
271section, for a period not to exceed 90 days after the date of
272application for employment or 90 days after the effective date
273of this act for individuals employed as fire alarm system agents
274on that date. However, the person must work under the direction
275and control of a sponsoring certified unlimited electrical
276contractor or licensed fire alarm contractor until completion of
277both the training and the fingerprint and criminal background
278checks. If an applicant or an individual employed on the
279effective date of this act does not complete the training or
280receive satisfactory fingerprint and criminal background checks
281within the 90-day period, the employment must be terminated
282immediately.
283     (4)(a)  A certified unlimited electrical contractor or
284licensed fire alarm contractor must furnish each of his or her
285fire alarm system agents with an identification card.
286     (b)  The card shall follow a board-approved format, to
287include a picture of the agent; shall specify at least the name
288of the holder of the card and the name and license number of the
289certified unlimited electrical contractor or licensed fire alarm
290contractor; and shall be signed by both the contractor and the
291holder of the card. Each identification card shall be valid for
292a period of 2 years after the date of issuance. The
293identification card must be in the possession of the fire alarm
294system agent while engaged in fire alarm system agent duties.
295     (c)  Each person to whom an identification card has been
296issued is responsible for the safekeeping thereof, and may not
297loan, or allow any other person to use or display, the
298identification card.
299     (d)  Each identification card must be renewed every 2 years
300and in a board-approved format to show compliance with the 6
301hours of continuing education necessary to maintain
302certification as a fire alarm system agent.
303     (e)  Each licensed electrical or alarm system contractor
304must obtain an updated criminal background check from the
305Department of Law Enforcement for each fire alarm system agent
306who renews certification.
307     (5)  Each fire alarm system agent must receive 6 hours of
308continuing education on fire alarm system installation and
309repair and false alarm prevention every 2 years from a board-
310approved sponsor of training and through a board-approved
311training course.
312     (6)  Failure to comply with any of the provisions of this
313section shall be grounds for disciplinary action against the
314contractor pursuant to s. 489.533.
315     Section 4.  Section 489.529, Florida Statutes, is amended
316to read:
317     489.529  Alarm verification calls required.--All
318residential or commercial intrusion/burglary alarms that have
319central monitoring must have a central monitoring verification
320call made to the premises generating the alarm signal, prior to
321alarm monitor personnel contacting a law enforcement agency for
322alarm dispatch. The central monitoring station must be designed
323to make a second call to the premises generating the alarm
324signal if the first call is not answered. However, if the
325intrusion/burglary alarms have properly operating visual or
326auditory sensors that enable the monitoring personnel to verify
327the alarm signal, verification calling is not required.
328     Section 5.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.