HB 1093CS

CHAMBER ACTION



1The Committee on Business Regulation recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to electrical and alarm system
7contracting; amending s. 489.517, F.S.; requiring
8certificateholders and registrants to have continuing
9education in preventing false alarms; amending s. 489.518,
10F.S.; revising qualifications for burglar alarm system
11agents; removing an exemption from training requirements
12for persons who only perform sales; authorizing employment
13as an alarm system agent or burglar alarm system agent
14under supervision for a specified period, pending
15completion of training and the criminal background check;
16providing the format, the validity period, and renewal
17requirements for burglar alarm system agent identification
18cards; requiring an updated criminal background check of
19each burglar alarm system agent who renews certification;
20providing continuing education requirements for burglar
21alarm system agents; amending s. 489.5185, F.S.; revising
22qualifications for fire alarm system agents; requiring an
23updated criminal background check of each fire alarm
24system agent who renews certification; requiring fire
25alarm system agents to have continuing education in
26preventing false alarms; amending s. 489.529, F.S.;
27requiring a second alarm-verification call if the first
28call is unanswered; providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Paragraph (b) of subsection (4) of section
33489.517, Florida Statutes, is amended to read:
34     489.517  Renewal of certificate or registration; continuing
35education.--
36     (4)
37     (b)  Of the 14 classroom hours of continuing education
38required, at least 7 hours must be on technical subjects, 1 hour
39on workers' compensation, 1 hour on workplace safety, and 1 hour
40on business practices, and for alarm system contractors and
41electrical contractors engaged in alarm system contracting, 2
42hours on false alarm prevention.
43     Section 2.  Section 489.518, Florida Statutes, is amended
44to read:
45     489.518  Alarm system agents.--
46     (1)  A licensed electrical or alarm system contractor may
47not employ a person to perform the duties of a burglar alarm
48system agent unless the person:
49     (a)  Is at least 18 years of age or has evidence of a
50court-approved declaration of emancipation.
51     (b)  Has successfully completed a minimum of 14 12 hours of
52training, to include basic alarm system electronics in addition
53to related training including CCTV and access control training,
54with at least 2 hours of training in the prevention of false
55alarms. Such training shall be from a board-approved provider,
56and the employee or applicant for employment shall provide proof
57of successful completion to the licensed employer. The board
58shall by rule establish criteria for the approval of training
59courses and providers and may by rule establish criteria for
60accepting alternative nonclassroom education on an hour-for-hour
61basis. The board shall approve providers that conduct training
62in other than the English language. The board shall establish a
63fee for the approval of training providers or courses, not to
64exceed $60. Qualified employers may conduct training classes for
65their employees, with board approval.
66     (c)  Has not been convicted within the last 3 years of a
67crime that directly relates to the business for which employment
68is being sought. Although the employee is barred from operating
69as an alarm system agent for 3 years subsequent to his or her
70conviction, the employer shall be supplied the information
71regarding any convictions occurring prior to that time, and the
72employer may at his or her discretion consider an earlier
73conviction to be a bar to employment as an alarm system agent.
74To ensure that this requirement has been met, a licensed
75electrical or alarm contractor must obtain from the Florida
76Department of Law Enforcement a completed fingerprint and
77criminal background check for each applicant for employment as a
78burglar alarm system agent or for each individual currently
79employed on the effective date of this act as a burglar alarm
80system agent.
81     (d)  Has not been committed for controlled substance abuse
82or been found guilty of a crime under chapter 893 or a similar
83law relating to controlled substances in any other state within
84the 3-year period immediately preceding the date of application
85for employment, or the effective date of this act for an
86individual employed as a burglar alarm system agent on that
87date, unless he or she establishes that he or she is not
88currently abusing any controlled substance and has successfully
89completed a rehabilitation course.
90     (2)(a)  Persons who perform only monitoring or sales are
91not required to complete the training required for burglar alarm
92system agents.
93     (b)  Persons who perform only monitoring at an out-of-state
94location are not required to comply with background check
95requirements.
96     (c)  Persons who perform proprietary burglar alarm system
97agent duties for only a single employer, and who do not offer
98alarm system contracting services to the public, are not
99required to comply with background check requirements.
100     (d)  A state-certified electrical contractor, a state-
101certified alarm system contractor, a state-registered alarm
102system contractor, a journeyman electrician licensed by any
103local jurisdiction, or an alarm technician licensed by a local
104jurisdiction that requires an examination and experience or
105training as licensure qualifications, is not required to
106complete the training required for burglar alarm system agents.
107A state-registered electrical contractor is not required to
108complete the training required for burglar alarm system agents,
109so long as he or she is only doing electrical work up to the
110alarm panel.
111     (e)  A nonsupervising employee working as a helper or
112apprentice under the direct, on-site, continuous supervision of
113a state-certified electrical contractor, a state-registered
114electrical contractor, a state-certified alarm system
115contractor, a state-registered alarm system contractor, a
116journeyman electrician licensed by any local jurisdiction, an
117alarm technician licensed by a local jurisdiction that requires
118an examination and experience or training as licensure
119qualifications, or a qualified alarm system agent is not
120required to complete the training otherwise required and is not
121required to be 18 years of age or older.
122     (3)  An applicant for employment as an alarm system agent,
123or an individual employed as a burglar alarm system agent on the
124effective date of this act, may commence or continue employment
125pending the completion of the required training and the results
126of the background check required by this section for a period
127not to exceed 90 60 days after the date of application for
128employment, or 90 60 days after the effective date of this act
129for individuals currently employed as burglar alarm system
130agents. However, the person must work under the direction and
131control of a sponsoring licensed electrical or burglar alarm
132system contractor pending the completion of the training and the
133criminal background check. If an applicant or an individual
134employed on the effective date of this act does not complete the
135training or receive a satisfactory criminal background check
136within the 90-day 60-day period, the employment must be
137terminated immediately.
138     (4)(a)  A licensed electrical or alarm system contractor
139shall furnish each of its burglar alarm system agents with an
140identification card.
141     (b)  The identification card shall be designed in a board-
142approved format. The card must shall include a picture of the
143agent, must and shall specify at least the name of the holder of
144the card and the name and license number of the contractor, and
145must shall be signed by the contractor and by the holder of the
146card. Each identification card is valid for a period of 2 years
147after the date of issuance. The identification card must shall
148be in the possession of each burglar alarm system agent while
149engaged in burglar alarm system agent duties.
150     (c)(b)  Each person to whom an identification card has been
151issued shall be responsible for the safekeeping thereof and
152shall not loan, or allow any other person to use or display, the
153identification card.
154     (d)  Each identification card must be renewed every 2 years
155and in a board-approved format to show compliance with the 6
156hours of continuing education necessary to maintain
157certification as a burglar alarm system agent.
158     (e)  Each licensed electrical or alarm system contractor
159must obtain an updated criminal background check from the
160Department of Law Enforcement for each burglar alarm system
161agent who renews certification.
162     (5)  Each burglar alarm system agent must receive 6 hours
163of continuing education on burglar alarm system installation and
164repair and false alarm prevention every 2 years from a board-
165approved sponsor of training and through a board-approved
166training course.
167     (6)(5)  Failure to comply with any of the provisions of
168this section shall be a disciplinable offense against the
169contractor pursuant to s. 489.533.
170     Section 3.  Section 489.5185, Florida Statutes, is amended
171to read:
172     489.5185  Fire alarm system agents.--
173     (1)  A certified unlimited electrical contractor or
174licensed fire alarm contractor may not employ a person to
175perform the duties of a fire alarm system agent unless the
176person:
177     (a)  Is at least 18 years of age or has evidence of a
178court-approved declaration of emancipation.
179     (b)  Has successfully completed a minimum of 14 18 hours of
180initial training, to include basic fire alarm system technology
181in addition to related training in National Fire Protection
182Association (NFPA) codes and standards and access control
183training, with at least 2 hours of training in the prevention of
184false alarms. Such training must be from a board-approved
185provider, and the employee or applicant for employment must
186provide proof of successful completion to the licensed employer.
187The board, by rule, shall establish criteria for the approval of
188training courses and providers. The board shall approve
189qualified providers that conduct training in other than the
190English language. The board shall establish a fee for the
191approval of training providers, not to exceed $200, and a fee
192for the approval of courses at $25 per credit hour, not to
193exceed $100 per course.
194     (c)  Has not been convicted within the last 3 years of a
195crime that directly relates to the business for which employment
196is being sought. Although the employee is barred from operating
197as a fire alarm system agent for 3 years subsequent to his or
198her conviction, the employer shall be supplied the information
199regarding any convictions occurring prior to that time, and the
200employer may at his or her discretion consider an earlier
201conviction to be a bar to employment as a fire alarm system
202agent. To ensure that this requirement has been met, a certified
203unlimited electrical contractor or licensed fire alarm
204contractor must obtain from the Florida Department of Law
205Enforcement a completed fingerprint and criminal background
206check for each applicant for employment as a fire alarm system
207agent or for each individual currently employed on the effective
208date of this act as a fire alarm system agent.
209     (d)  Has not been committed for controlled substance abuse
210or been found guilty of a crime under chapter 893 or any similar
211law relating to controlled substances in any other state within
212the 3-year period immediately preceding the date of application
213for employment, or immediately preceding the effective date of
214this act for an individual employed as a fire alarm system agent
215on that date, unless the person establishes that he or she is
216not currently abusing any controlled substance and has
217successfully completed a rehabilitation course.
218     (2)(a)  Any applicant for employment as a fire alarm system
219agent, or any individual employed as a fire alarm system agent
220on the effective date of this act, who has completed alarm
221system agent or burglar alarm system agent training prior to the
222effective date of this act in a board-certified program is not
223required to take additional training in order to comply with the
224initial training requirements of this section.
225     (b)  A state-certified electrical contractor, a state-
226certified fire alarm system contractor, a state-registered fire
227alarm system contractor, a journeyman electrician licensed by
228any local jurisdiction, or an alarm technician licensed by a
229local jurisdiction that requires an examination and experience
230or training as licensure qualifications is not required to
231complete the training required for fire alarm system agents. A
232state-registered electrical contractor is not required to
233complete the training required for fire alarm system agents, so
234long as he or she is only doing electrical work up to the alarm
235panel.
236     (c)  A nonsupervising employee working as a helper or
237apprentice under the direct, onsite, continuous supervision of a
238state-certified electrical contractor, a state-registered
239electrical contractor, a state-certified fire alarm system
240contractor, a state-registered fire alarm system contractor, a
241journeyman electrician licensed by any local jurisdiction, an
242alarm technician licensed by a local jurisdiction that requires
243an examination and experience or training as licensure
244qualifications, or a qualified fire alarm system agent is not
245required to complete the training otherwise required and is not
246required to be 18 years of age or older.
247     (d)  A burglar alarm system agent employed by a licensed
248fire alarm contractor or certified unlimited electrical
249contractor who has fulfilled all requirements of s. 489.518
250prior to the effective date of this act is not required to
251complete the initial training required by this section for fire
252alarm system agents.
253     (e)  Persons who perform only monitoring are not required
254to complete the training required for fire alarm system agents.
255     (3)  An applicant for employment as a fire alarm system
256agent may commence employment, or an individual employed as a
257fire alarm system agent on the effective date of this act may
258continue employment, pending completion of both the training and
259the fingerprint and criminal background checks required by this
260section, for a period not to exceed 90 days after the date of
261application for employment or 90 days after the effective date
262of this act for individuals employed as fire alarm system agents
263on that date. However, the person must work under the direction
264and control of a sponsoring certified unlimited electrical
265contractor or licensed fire alarm contractor until completion of
266both the training and the fingerprint and criminal background
267checks. If an applicant or an individual employed on the
268effective date of this act does not complete the training or
269receive satisfactory fingerprint and criminal background checks
270within the 90-day period, the employment must be terminated
271immediately.
272     (4)(a)  A certified unlimited electrical contractor or
273licensed fire alarm contractor must furnish each of his or her
274fire alarm system agents with an identification card.
275     (b)  The card shall follow a board-approved format, to
276include a picture of the agent; shall specify at least the name
277of the holder of the card and the name and license number of the
278certified unlimited electrical contractor or licensed fire alarm
279contractor; and shall be signed by both the contractor and the
280holder of the card. Each identification card shall be valid for
281a period of 2 years after the date of issuance. The
282identification card must be in the possession of the fire alarm
283system agent while engaged in fire alarm system agent duties.
284     (c)  Each person to whom an identification card has been
285issued is responsible for the safekeeping thereof, and may not
286loan, or allow any other person to use or display, the
287identification card.
288     (d)  Each identification card must be renewed every 2 years
289and in a board-approved format to show compliance with the 6
290hours of continuing education necessary to maintain
291certification as a fire alarm system agent.
292     (e)  Each licensed electrical or alarm system contractor
293must obtain an updated criminal background check from the
294Department of Law Enforcement for each fire alarm system agent
295who renews certification.
296     (5)  Each fire alarm system agent must receive 6 hours of
297continuing education on fire alarm system installation and
298repair and false alarm prevention every 2 years from a board-
299approved sponsor of training and through a board-approved
300training course.
301     (6)  Failure to comply with any of the provisions of this
302section shall be grounds for disciplinary action against the
303contractor pursuant to s. 489.533.
304     Section 4.  Section 489.529, Florida Statutes, is amended
305to read:
306     489.529  Alarm verification calls required.--All
307residential or commercial intrusion/burglary alarms that have
308central monitoring must have a central monitoring verification
309call made to the premises generating the alarm signal, prior to
310alarm monitor personnel contacting a law enforcement agency for
311alarm dispatch. The central monitoring station must be designed
312to make a second call to the premises generating the alarm
313signal if the first call is not answered. However, if the
314intrusion/burglary alarms have properly operating visual or
315auditory sensors that enable the monitoring personnel to verify
316the alarm signal, verification calling is not required.
317     Section 5.  This act shall take effect July 1, 2004.


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