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; removing an exemption from training requirements
8for persons who only perform sales; authorizing employment
9as an alarm system agent or burglar alarm system agent
10under supervision for a specified period, pending
11completion of training and the criminal background check;
12providing the format, the validity period, and renewal
13requirements for burglar alarm system agent identification
14cards; requiring an updated criminal background check of
15each burglar alarm system agent who renews certification;
16providing continuing education requirements for burglar
17alarm system agents; amending s. 489.5185, F.S.; revising
18qualifications for fire alarm system agents; requiring an
19updated criminal background check of each fire alarm
20system agent who renews certification; requiring fire
21alarm system agents to have continuing education in
22preventing false alarms; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Paragraph (b) of subsection (4) of section
27489.517, Florida Statutes, is amended to read:
28     489.517  Renewal of certificate or registration; continuing
29education.--
30     (4)
31     (b)  Of the 14 classroom hours of continuing education
32required, at least 7 hours must be on technical subjects, 1 hour
33on workers' compensation, 1 hour on workplace safety, and 1 hour
34on business practices, and for alarm system contractors and
35electrical contractors engaged in alarm system contracting, 2
36hours on false alarm prevention.
37     Section 2.  Section 489.518, Florida Statutes, is amended
38to read:
39     489.518  Alarm system agents.--
40     (1)  A licensed electrical or alarm system contractor may
41not employ a person to perform the duties of a burglar alarm
42system agent unless the person:
43     (a)  Is at least 18 years of age or has evidence of a
44court-approved declaration of emancipation.
45     (b)  Has successfully completed a minimum of 14 12 hours of
46training, to include basic alarm system electronics in addition
47to related training including CCTV and access control training,
48with at least 2 hours of training in the prevention of false
49alarms. Such training shall be from a board-approved provider,
50and the employee or applicant for employment shall provide proof
51of successful completion to the licensed employer. The board
52shall by rule establish criteria for the approval of training
53courses and providers and may by rule establish criteria for
54accepting alternative nonclassroom education on an hour-for-hour
55basis. The board shall approve providers that conduct training
56in other than the English language. The board shall establish a
57fee for the approval of training providers or courses, not to
58exceed $60. Qualified employers may conduct training classes for
59their employees, with board approval.
60     (c)  Has not been convicted within the last 3 years of a
61crime that directly relates to the business for which employment
62is being sought. Although the employee is barred from operating
63as an alarm system agent for 3 years subsequent to his or her
64conviction, the employer shall be supplied the information
65regarding any convictions occurring prior to that time, and the
66employer may at his or her discretion consider an earlier
67conviction to be a bar to employment as an alarm system agent.
68To ensure that this requirement has been met, a licensed
69electrical or alarm contractor must obtain from the Florida
70Department of Law Enforcement a completed fingerprint and
71criminal background check for each applicant for employment as a
72burglar alarm system agent or for each individual currently
73employed on the effective date of this act as a burglar alarm
74system agent.
75     (d)  Has not been committed for controlled substance abuse
76or been found guilty of a crime under chapter 893 or a similar
77law relating to controlled substances in any other state within
78the 3-year period immediately preceding the date of application
79for employment, or the effective date of this act for an
80individual employed as a burglar alarm system agent on that
81date, unless he or she establishes that he or she is not
82currently abusing any controlled substance and has successfully
83completed a rehabilitation course.
84     (2)(a)  Persons who perform only monitoring or sales are
85not required to complete the training required for burglar alarm
86system agents.
87     (b)  Persons who perform only monitoring at an out-of-state
88location are not required to comply with background check
89requirements.
90     (c)  Persons who perform proprietary burglar alarm system
91agent duties for only a single employer, and who do not offer
92alarm system contracting services to the public, are not
93required to comply with background check requirements.
94     (d)  A state-certified electrical contractor, a state-
95certified alarm system contractor, a state-registered alarm
96system contractor, a journeyman electrician licensed by any
97local jurisdiction, or an alarm technician licensed by a local
98jurisdiction that requires an examination and experience or
99training as licensure qualifications, is not required to
100complete the training required for burglar alarm system agents.
101A state-registered electrical contractor is not required to
102complete the training required for burglar alarm system agents,
103so long as he or she is only doing electrical work up to the
104alarm panel.
105     (e)  A nonsupervising employee working as a helper or
106apprentice under the direct, on-site, continuous supervision of
107a state-certified electrical contractor, a state-registered
108electrical contractor, a state-certified alarm system
109contractor, a state-registered alarm system contractor, a
110journeyman electrician licensed by any local jurisdiction, an
111alarm technician licensed by a local jurisdiction that requires
112an examination and experience or training as licensure
113qualifications, or a qualified alarm system agent is not
114required to complete the training otherwise required and is not
115required to be 18 years of age or older.
116     (3)  An applicant for employment as an alarm system agent,
117or an individual employed as a burglar alarm system agent on the
118effective date of this act, may commence or continue employment
119pending the completion of the required training and the results
120of the background check required by this section for a period
121not to exceed 90 60 days after the date of application for
122employment, or 90 60 days after the effective date of this act
123for individuals currently employed as burglar alarm system
124agents. However, the person must work under the direction and
125control of a sponsoring licensed electrical or burglar alarm
126system contractor pending the completion of the training and the
127criminal background check. If an applicant or an individual
128employed on the effective date of this act does not complete the
129training or receive a satisfactory criminal background check
130within the 90-day 60-day period, the employment must be
131terminated immediately.
132     (4)(a)  A licensed electrical or alarm system contractor
133shall furnish each of its burglar alarm system agents with an
134identification card.
135     (b)  The identification card shall be designed in a board-
136approved format. The card must shall include a picture of the
137agent, must and shall specify at least the name of the holder of
138the card and the name and license number of the contractor, and
139must shall be signed by the contractor and by the holder of the
140card. Each identification card is valid for a period of 2 years
141after the date of issuance. The identification card must shall
142be in the possession of each burglar alarm system agent while
143engaged in burglar alarm system agent duties.
144     (c)(b)  Each person to whom an identification card has been
145issued shall be responsible for the safekeeping thereof and
146shall not loan, or allow any other person to use or display, the
147identification card.
148     (d)  Each identification card must be renewed every 2 years
149and in a board-approved format to show compliance with the 6
150hours of continuing education necessary to maintain
151certification as a burglar alarm system agent.
152     (e)  Each licensed electrical or alarm system contractor
153must obtain an updated criminal background check from the
154Department of Law Enforcement for each burglar alarm system
155agent who renews certification.
156     (5)  Each burglar alarm system agent must receive 6 hours
157of continuing education on burglar alarm system installation and
158repair and false alarm prevention every 2 years from a board-
159approved sponsor of training and through a board-approved
160training course.
161     (6)(5)  Failure to comply with any of the provisions of
162this section shall be a disciplinable offense against the
163contractor pursuant to s. 489.533.
164     Section 3.  Section 489.5185, Florida Statutes, is amended
165to read:
166     489.5185  Fire alarm system agents.--
167     (1)  A certified unlimited electrical contractor or
168licensed fire alarm contractor may not employ a person to
169perform the duties of a fire alarm system agent unless the
170person:
171     (a)  Is at least 18 years of age or has evidence of a
172court-approved declaration of emancipation.
173     (b)  Has successfully completed a minimum of 14 18 hours of
174initial training, to include basic fire alarm system technology
175in addition to related training in National Fire Protection
176Association (NFPA) codes and standards and access control
177training, with at least 2 hours of training in the prevention of
178false alarms. Such training must be from a board-approved
179provider, and the employee or applicant for employment must
180provide proof of successful completion to the licensed employer.
181The board, by rule, shall establish criteria for the approval of
182training courses and providers. The board shall approve
183qualified providers that conduct training in other than the
184English language. The board shall establish a fee for the
185approval of training providers, not to exceed $200, and a fee
186for the approval of courses at $25 per credit hour, not to
187exceed $100 per course.
188     (c)  Has not been convicted within the last 3 years of a
189crime that directly relates to the business for which employment
190is being sought. Although the employee is barred from operating
191as a fire alarm system agent for 3 years subsequent to his or
192her conviction, the employer shall be supplied the information
193regarding any convictions occurring prior to that time, and the
194employer may at his or her discretion consider an earlier
195conviction to be a bar to employment as a fire alarm system
196agent. To ensure that this requirement has been met, a certified
197unlimited electrical contractor or licensed fire alarm
198contractor must obtain from the Florida Department of Law
199Enforcement a completed fingerprint and criminal background
200check for each applicant for employment as a fire alarm system
201agent or for each individual currently employed on the effective
202date of this act as a fire alarm system agent.
203     (d)  Has not been committed for controlled substance abuse
204or been found guilty of a crime under chapter 893 or any similar
205law relating to controlled substances in any other state within
206the 3-year period immediately preceding the date of application
207for employment, or immediately preceding the effective date of
208this act for an individual employed as a fire alarm system agent
209on that date, unless the person establishes that he or she is
210not currently abusing any controlled substance and has
211successfully completed a rehabilitation course.
212     (2)(a)  Any applicant for employment as a fire alarm system
213agent, or any individual employed as a fire alarm system agent
214on the effective date of this act, who has completed alarm
215system agent or burglar alarm system agent training prior to the
216effective date of this act in a board-certified program is not
217required to take additional training in order to comply with the
218initial training requirements of this section.
219     (b)  A state-certified electrical contractor, a state-
220certified fire alarm system contractor, a state-registered fire
221alarm system contractor, a journeyman electrician licensed by
222any local jurisdiction, or an alarm technician licensed by a
223local jurisdiction that requires an examination and experience
224or training as licensure qualifications is not required to
225complete the training required for fire alarm system agents. A
226state-registered electrical contractor is not required to
227complete the training required for fire alarm system agents, so
228long as he or she is only doing electrical work up to the alarm
229panel.
230     (c)  A nonsupervising employee working as a helper or
231apprentice under the direct, onsite, continuous supervision of a
232state-certified electrical contractor, a state-registered
233electrical contractor, a state-certified fire alarm system
234contractor, a state-registered fire alarm system contractor, a
235journeyman electrician licensed by any local jurisdiction, an
236alarm technician licensed by a local jurisdiction that requires
237an examination and experience or training as licensure
238qualifications, or a qualified fire alarm system agent is not
239required to complete the training otherwise required and is not
240required to be 18 years of age or older.
241     (d)  A burglar alarm system agent employed by a licensed
242fire alarm contractor or certified unlimited electrical
243contractor who has fulfilled all requirements of s. 489.518
244prior to the effective date of this act is not required to
245complete the initial training required by this section for fire
246alarm system agents.
247     (e)  Persons who perform only monitoring are not required
248to complete the training required for fire alarm system agents.
249     (3)  An applicant for employment as a fire alarm system
250agent may commence employment, or an individual employed as a
251fire alarm system agent on the effective date of this act may
252continue employment, pending completion of both the training and
253the fingerprint and criminal background checks required by this
254section, for a period not to exceed 90 days after the date of
255application for employment or 90 days after the effective date
256of this act for individuals employed as fire alarm system agents
257on that date. However, the person must work under the direction
258and control of a sponsoring certified unlimited electrical
259contractor or licensed fire alarm contractor until completion of
260both the training and the fingerprint and criminal background
261checks. If an applicant or an individual employed on the
262effective date of this act does not complete the training or
263receive satisfactory fingerprint and criminal background checks
264within the 90-day period, the employment must be terminated
265immediately.
266     (4)(a)  A certified unlimited electrical contractor or
267licensed fire alarm contractor must furnish each of his or her
268fire alarm system agents with an identification card.
269     (b)  The card shall follow a board-approved format, to
270include a picture of the agent; shall specify at least the name
271of the holder of the card and the name and license number of the
272certified unlimited electrical contractor or licensed fire alarm
273contractor; and shall be signed by both the contractor and the
274holder of the card. Each identification card shall be valid for
275a period of 2 years after the date of issuance. The
276identification card must be in the possession of the fire alarm
277system agent while engaged in fire alarm system agent duties.
278     (c)  Each person to whom an identification card has been
279issued is responsible for the safekeeping thereof, and may not
280loan, or allow any other person to use or display, the
281identification card.
282     (d)  Each identification card must be renewed every 2 years
283and in a board-approved format to show compliance with the 6
284hours of continuing education necessary to maintain
285certification as a fire alarm system agent.
286     (e)  Each licensed electrical or alarm system contractor
287must obtain an updated criminal background check from the
288Department of Law Enforcement for each fire alarm system agent
289who renews certification.
290     (5)  Each fire alarm system agent must receive 6 hours of
291continuing education on fire alarm system installation and
292repair and false alarm prevention every 2 years from a board-
293approved sponsor of training and through a board-approved
294training course.
295     (6)  Failure to comply with any of the provisions of this
296section shall be grounds for disciplinary action against the
297contractor pursuant to s. 489.533.
298     Section 4.  This act shall take effect July 1, 2004.


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