Senate Bill sb0562c1
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Florida Senate - 2004 CS for SB 562
By the Committee on Regulated Industries; and Senator Bennett
315-1361-04
1 A bill to be entitled
2 An act relating to electrical and alarm system
3 contracting; amending s. 489.517, F.S.;
4 requiring certificateholders and registrants to
5 have continuing education in preventing false
6 alarms; amending s. 489.518, F.S.; revising
7 qualifications for burglar alarm system agents;
8 requiring an additional criminal background
9 check; removing an exemption from training
10 requirements for persons who only perform
11 sales; authorizing employment as an alarm
12 system agent or burglar alarm system agent
13 under supervision for a specified period,
14 pending completion of training and the criminal
15 background check; providing the format, the
16 validity period, and renewal requirements for
17 burglar alarm system agent identification
18 cards; requiring an updated criminal background
19 check of each burglar alarm system agent who
20 renews certification; providing continuing
21 education requirements for burglar alarm system
22 agents; amending s. 489.5185, F.S.; revising
23 qualifications for fire alarm system agents;
24 requiring an additional criminal background
25 check; requiring an updated criminal background
26 check of each fire alarm system agent who
27 renews certification; requiring fire alarm
28 system agents to have continuing education in
29 preventing false alarms; amending s. 489.529,
30 F.S.; requiring a second alarm-verification
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Florida Senate - 2004 CS for SB 562
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1 call if the first call is unanswered; providing
2 an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. Paragraph (b) of subsection (4) of section
7 489.517, Florida Statutes, is amended to read:
8 489.517 Renewal of certificate or registration;
9 continuing education.--
10 (4)
11 (b) Of the 14 classroom hours of continuing education
12 required, at least 7 hours must be on technical subjects, 1
13 hour on workers' compensation, 1 hour on workplace safety, and
14 1 hour on business practices, and for alarm system contractors
15 and electrical contractors engaged in alarm system
16 contracting, 2 hours on false alarm prevention.
17 Section 2. Section 489.518, Florida Statutes, is
18 amended to read:
19 489.518 Alarm system agents.--
20 (1) A licensed electrical or alarm system contractor
21 may not employ a person to perform the duties of a burglar
22 alarm system agent unless the person:
23 (a) Is at least 18 years of age or has evidence of a
24 court-approved declaration of emancipation.
25 (b) Has successfully completed a minimum of 14 12
26 hours of training, to include basic alarm system electronics
27 in addition to related training including CCTV and access
28 control training, with at least 2 hours of training in the
29 prevention of false alarms. Such training shall be from a
30 board-approved provider, and the employee or applicant for
31 employment shall provide proof of successful completion to the
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Florida Senate - 2004 CS for SB 562
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1 licensed employer. The board shall by rule establish criteria
2 for the approval of training courses and providers and may by
3 rule establish criteria for accepting alternative nonclassroom
4 education on an hour-for-hour basis. The board shall approve
5 providers that conduct training in other than the English
6 language. The board shall establish a fee for the approval of
7 training providers or courses, not to exceed $60. Qualified
8 employers may conduct training classes for their employees,
9 with board approval.
10 (c) Has not been convicted within the last 3 years of
11 a crime that directly relates to the business for which
12 employment is being sought. Although the employee is barred
13 from operating as an alarm system agent for 3 years subsequent
14 to his or her conviction, the employer shall be supplied the
15 information regarding any convictions occurring prior to that
16 time, and the employer may at his or her discretion consider
17 an earlier conviction to be a bar to employment as an alarm
18 system agent. To ensure that this requirement has been met, a
19 licensed electrical or alarm contractor must obtain from the
20 Florida Department of Law Enforcement and Federal Bureau of
21 Investigation a completed fingerprint and criminal background
22 check, including a check through the National Crime
23 Information Center. Each individual subject to the background
24 criminal history check shall file a complete set of
25 fingerprints with the Florida Department of Law Enforcement
26 for state processing and with the Federal Bureau of
27 Investigation for federal processing for each applicant for
28 employment as a burglar alarm system agent or for each
29 individual currently employed on the effective date of this
30 act as a burglar alarm system agent.
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Florida Senate - 2004 CS for SB 562
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1 (d) Has not been committed for controlled substance
2 abuse or been found guilty of a crime under chapter 893 or a
3 similar law relating to controlled substances in any other
4 state within the 3-year period immediately preceding the date
5 of application for employment, or the effective date of this
6 act for an individual employed as a burglar alarm system agent
7 on that date, unless he or she establishes that he or she is
8 not currently abusing any controlled substance and has
9 successfully completed a rehabilitation course.
10 (2)(a) Persons who perform only monitoring or sales
11 are not required to complete the training required for burglar
12 alarm system agents.
13 (b) Persons who perform only monitoring at an
14 out-of-state location are not required to comply with
15 background check requirements.
16 (c) Persons who perform proprietary burglar alarm
17 system agent duties for only a single employer, and who do not
18 offer alarm system contracting services to the public, are not
19 required to comply with background check requirements.
20 (d) A state-certified electrical contractor, a
21 state-certified alarm system contractor, a state-registered
22 alarm system contractor, a journeyman electrician licensed by
23 any local jurisdiction, or an alarm technician licensed by a
24 local jurisdiction that requires an examination and experience
25 or training as licensure qualifications, is not required to
26 complete the training required for burglar alarm system
27 agents. A state-registered electrical contractor is not
28 required to complete the training required for burglar alarm
29 system agents, so long as he or she is only doing electrical
30 work up to the alarm panel.
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1 (e) A nonsupervising employee working as a helper or
2 apprentice under the direct, on-site, continuous supervision
3 of a state-certified electrical contractor, a state-registered
4 electrical contractor, a state-certified alarm system
5 contractor, a state-registered alarm system contractor, a
6 journeyman electrician licensed by any local jurisdiction, an
7 alarm technician licensed by a local jurisdiction that
8 requires an examination and experience or training as
9 licensure qualifications, or a qualified alarm system agent is
10 not required to complete the training otherwise required and
11 is not required to be 18 years of age or older.
12 (3) An applicant for employment as an alarm system
13 agent, or an individual employed as a burglar alarm system
14 agent on the effective date of this act, may commence or
15 continue employment pending the completion of the required
16 training and the results of the background check required by
17 this section for a period not to exceed 90 60 days after the
18 date of application for employment, or 90 60 days after the
19 effective date of this act for individuals currently employed
20 as burglar alarm system agents. However, the person must work
21 under the direction and control of a sponsoring licensed
22 electrical or burglar alarm system contractor pending the
23 completion of the training and the criminal background check.
24 If an applicant or an individual employed on the effective
25 date of this act does not complete the training or receive a
26 satisfactory criminal background check within the 90-day
27 60-day period, the employment must be terminated immediately.
28 (4)(a) A licensed electrical or alarm system
29 contractor shall furnish each of its burglar alarm system
30 agents with an identification card.
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1 (b) The identification card shall be designed in a
2 board-approved format. The card must shall include a picture
3 of the agent, must and shall specify at least the name of the
4 holder of the card and the name and license number of the
5 contractor, and must shall be signed by the contractor and by
6 the holder of the card. Each identification card is valid for
7 a period of 2 years after the date of issuance. The
8 identification card must shall be in the possession of each
9 burglar alarm system agent while engaged in burglar alarm
10 system agent duties.
11 (c)(b) Each person to whom an identification card has
12 been issued shall be responsible for the safekeeping thereof
13 and shall not loan, or allow any other person to use or
14 display, the identification card.
15 (d) Each identification card must be renewed every 2
16 years and in a board-approved format to show compliance with
17 the 6 hours of continuing education necessary to maintain
18 certification as a burglar alarm system agent.
19 (e) Each licensed electrical or alarm system
20 contractor must obtain an updated criminal background check
21 from the Department of Law Enforcement for each burglar alarm
22 system agent who renews certification.
23 (5) Each burglar alarm system agent must receive 6
24 hours of continuing education on burglar alarm system
25 installation and repair and false alarm prevention every 2
26 years from a board-approved sponsor of training and through a
27 board-approved training course.
28 (6)(5) Failure to comply with any of the provisions of
29 this section shall be a disciplinable offense against the
30 contractor pursuant to s. 489.533.
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1 Section 3. Section 489.5185, Florida Statutes, is
2 amended to read:
3 489.5185 Fire alarm system agents.--
4 (1) A certified unlimited electrical contractor or
5 licensed fire alarm contractor may not employ a person to
6 perform the duties of a fire alarm system agent unless the
7 person:
8 (a) Is at least 18 years of age or has evidence of a
9 court-approved declaration of emancipation.
10 (b) Has successfully completed a minimum of 14 18
11 hours of initial training, to include basic fire alarm system
12 technology in addition to related training in National Fire
13 Protection Association (NFPA) codes and standards and access
14 control training, with at least 2 hours of training in the
15 prevention of false alarms. Such training must be from a
16 board-approved provider, and the employee or applicant for
17 employment must provide proof of successful completion to the
18 licensed employer. The board, by rule, shall establish
19 criteria for the approval of training courses and providers.
20 The board shall approve qualified providers that conduct
21 training in other than the English language. The board shall
22 establish a fee for the approval of training providers, not to
23 exceed $200, and a fee for the approval of courses at $25 per
24 credit hour, not to exceed $100 per course.
25 (c) Has not been convicted within the last 3 years of
26 a crime that directly relates to the business for which
27 employment is being sought. Although the employee is barred
28 from operating as a fire alarm system agent for 3 years
29 subsequent to his or her conviction, the employer shall be
30 supplied the information regarding any convictions occurring
31 prior to that time, and the employer may at his or her
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Florida Senate - 2004 CS for SB 562
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1 discretion consider an earlier conviction to be a bar to
2 employment as a fire alarm system agent. To ensure that this
3 requirement has been met, a certified unlimited electrical
4 contractor or licensed fire alarm contractor must obtain from
5 the Department of Law Enforcement and Federal Bureau of
6 Investigation a completed fingerprint and criminal background
7 check, including a check through the National Crime
8 Information Center. Each individual subject to the background
9 criminal history check shall file a complete set of
10 fingerprints with the Department of Law Enforcement for state
11 processing and with the Federal Bureau of Investigation for
12 federal processing for each applicant for employment as a fire
13 alarm system agent or for each individual currently employed
14 on the effective date of this act as a fire alarm system
15 agent.
16 (d) Has not been committed for controlled substance
17 abuse or been found guilty of a crime under chapter 893 or any
18 similar law relating to controlled substances in any other
19 state within the 3-year period immediately preceding the date
20 of application for employment, or immediately preceding the
21 effective date of this act for an individual employed as a
22 fire alarm system agent on that date, unless the person
23 establishes that he or she is not currently abusing any
24 controlled substance and has successfully completed a
25 rehabilitation course.
26 (2)(a) Any applicant for employment as a fire alarm
27 system agent, or any individual employed as a fire alarm
28 system agent on the effective date of this act, who has
29 completed alarm system agent or burglar alarm system agent
30 training prior to the effective date of this act in a
31 board-certified program is not required to take additional
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1 training in order to comply with the initial training
2 requirements of this section.
3 (b) A state-certified electrical contractor, a
4 state-certified fire alarm system contractor, a
5 state-registered fire alarm system contractor, a journeyman
6 electrician licensed by any local jurisdiction, or an alarm
7 technician licensed by a local jurisdiction that requires an
8 examination and experience or training as licensure
9 qualifications is not required to complete the training
10 required for fire alarm system agents. A state-registered
11 electrical contractor is not required to complete the training
12 required for fire alarm system agents, so long as he or she is
13 only doing electrical work up to the alarm panel.
14 (c) A nonsupervising employee working as a helper or
15 apprentice under the direct, onsite, continuous supervision of
16 a state-certified electrical contractor, a state-registered
17 electrical contractor, a state-certified fire alarm system
18 contractor, a state-registered fire alarm system contractor, a
19 journeyman electrician licensed by any local jurisdiction, an
20 alarm technician licensed by a local jurisdiction that
21 requires an examination and experience or training as
22 licensure qualifications, or a qualified fire alarm system
23 agent is not required to complete the training otherwise
24 required and is not required to be 18 years of age or older.
25 (d) A burglar alarm system agent employed by a
26 licensed fire alarm contractor or certified unlimited
27 electrical contractor who has fulfilled all requirements of s.
28 489.518 prior to the effective date of this act is not
29 required to complete the initial training required by this
30 section for fire alarm system agents.
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Florida Senate - 2004 CS for SB 562
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1 (e) Persons who perform only monitoring are not
2 required to complete the training required for fire alarm
3 system agents.
4 (3) An applicant for employment as a fire alarm system
5 agent may commence employment, or an individual employed as a
6 fire alarm system agent on the effective date of this act may
7 continue employment, pending completion of both the training
8 and the fingerprint and criminal background checks required by
9 this section, for a period not to exceed 90 days after the
10 date of application for employment or 90 days after the
11 effective date of this act for individuals employed as fire
12 alarm system agents on that date. However, the person must
13 work under the direction and control of a sponsoring certified
14 unlimited electrical contractor or licensed fire alarm
15 contractor until completion of both the training and the
16 fingerprint and criminal background checks. If an applicant or
17 an individual employed on the effective date of this act does
18 not complete the training or receive satisfactory fingerprint
19 and criminal background checks within the 90-day period, the
20 employment must be terminated immediately.
21 (4)(a) A certified unlimited electrical contractor or
22 licensed fire alarm contractor must furnish each of his or her
23 fire alarm system agents with an identification card.
24 (b) The card shall follow a board-approved format, to
25 include a picture of the agent; shall specify at least the
26 name of the holder of the card and the name and license number
27 of the certified unlimited electrical contractor or licensed
28 fire alarm contractor; and shall be signed by both the
29 contractor and the holder of the card. Each identification
30 card shall be valid for a period of 2 years after the date of
31 issuance. The identification card must be in the possession of
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Florida Senate - 2004 CS for SB 562
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1 the fire alarm system agent while engaged in fire alarm system
2 agent duties.
3 (c) Each person to whom an identification card has
4 been issued is responsible for the safekeeping thereof, and
5 may not loan, or allow any other person to use or display, the
6 identification card.
7 (d) Each identification card must be renewed every 2
8 years and in a board-approved format to show compliance with
9 the 6 hours of continuing education necessary to maintain
10 certification as a fire alarm system agent.
11 (e) Each licensed electrical or alarm system
12 contractor must obtain an updated criminal background check
13 from the Department of Law Enforcement for each fire alarm
14 system agent who renews certification.
15 (5) Each fire alarm system agent must receive 6 hours
16 of continuing education on fire alarm system installation and
17 repair and false alarm prevention every 2 years from a
18 board-approved sponsor of training and through a
19 board-approved training course.
20 (6) Failure to comply with any of the provisions of
21 this section shall be grounds for disciplinary action against
22 the contractor pursuant to s. 489.533.
23 Section 4. Section 489.529, Florida Statutes, is
24 amended to read:
25 489.529 Alarm verification calls required.--All
26 residential or commercial intrusion/burglary alarms that have
27 central monitoring must have a central monitoring verification
28 call made to the premises generating the alarm signal, prior
29 to alarm monitor personnel contacting a law enforcement agency
30 for alarm dispatch. The central monitoring station must be
31 designed to make a second call to the premises generating the
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1 alarm signal if the first call is not answered. However, if
2 the intrusion/burglary alarms have properly operating visual
3 or auditory sensors that enable the monitoring personnel to
4 verify the alarm signal, verification calling is not required.
5 Section 5. This act shall take effect July 1, 2004.
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7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 SB 562
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10 The committee substitute adds an additional background check
for alarm system agents and fire alarm system agents from the
11 Federal Bureau of Investigation. It also requires that
submission of a complete set of fingerprints with the
12 Department of Law Enforcement and the Federal Bureau of
Investigation.
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