Senate Bill sb0562c2

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    Florida Senate - 2004                     CS for CS for SB 562

    By the Committees on Appropriations; Regulated Industries; and
    Senator Bennett




    309-2524-04

  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         removing an exemption from training

  9         requirements for persons who only perform

10         sales; authorizing employment as an alarm

11         system agent or burglar alarm system agent

12         under supervision for a specified period,

13         pending completion of training and the criminal

14         background check; providing the format, the

15         validity period, and renewal requirements for

16         burglar alarm system agent identification

17         cards; requiring an updated criminal background

18         check of each burglar alarm system agent who

19         renews certification; providing continuing

20         education requirements for burglar alarm system

21         agents; amending s. 489.5185, F.S.; revising

22         qualifications for fire alarm system agents;

23         requiring an updated criminal background check

24         of each fire alarm system agent who renews

25         certification; requiring fire alarm system

26         agents to have continuing education in

27         preventing false alarms; providing an effective

28         date.

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  

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    Florida Senate - 2004                     CS for CS for SB 562
    309-2524-04




 1         Section 1.  Paragraph (b) of subsection (4) of section

 2  489.517, Florida Statutes, is amended to read:

 3         489.517  Renewal of certificate or registration;

 4  continuing education.--

 5         (4)

 6         (b)  Of the 14 classroom hours of continuing education

 7  required, at least 7 hours must be on technical subjects, 1

 8  hour on workers' compensation, 1 hour on workplace safety, and

 9  1 hour on business practices, and for alarm system contractors

10  and electrical contractors engaged in alarm system

11  contracting, 2 hours on false alarm prevention.

12         Section 2.  Section 489.518, Florida Statutes, is

13  amended to read:

14         489.518  Alarm system agents.--

15         (1)  A licensed electrical or alarm system contractor

16  may not employ a person to perform the duties of a burglar

17  alarm system agent unless the person:

18         (a)  Is at least 18 years of age or has evidence of a

19  court-approved declaration of emancipation.

20         (b)  Has successfully completed a minimum of 14 12

21  hours of training, to include basic alarm system electronics

22  in addition to related training including CCTV and access

23  control training, with at least 2 hours of training in the

24  prevention of false alarms. Such training shall be from a

25  board-approved provider, and the employee or applicant for

26  employment shall provide proof of successful completion to the

27  licensed employer. The board shall by rule establish criteria

28  for the approval of training courses and providers and may by

29  rule establish criteria for accepting alternative nonclassroom

30  education on an hour-for-hour basis. The board shall approve

31  providers that conduct training in other than the English

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    Florida Senate - 2004                     CS for CS for SB 562
    309-2524-04




 1  language. The board shall establish a fee for the approval of

 2  training providers or courses, not to exceed $60. Qualified

 3  employers may conduct training classes for their employees,

 4  with board approval.

 5         (c)  Has not been convicted within the last 3 years of

 6  a crime that directly relates to the business for which

 7  employment is being sought. Although the employee is barred

 8  from operating as an alarm system agent for 3 years subsequent

 9  to his or her conviction, the employer shall be supplied the

10  information regarding any convictions occurring prior to that

11  time, and the employer may at his or her discretion consider

12  an earlier conviction to be a bar to employment as an alarm

13  system agent. To ensure that this requirement has been met, a

14  licensed electrical or alarm contractor must obtain from the

15  Florida Department of Law Enforcement a completed fingerprint

16  and criminal background check for each applicant for

17  employment as a burglar alarm system agent or for each

18  individual currently employed on the effective date of this

19  act as a burglar alarm system agent.

20         (d)  Has not been committed for controlled substance

21  abuse or been found guilty of a crime under chapter 893 or a

22  similar law relating to controlled substances in any other

23  state within the 3-year period immediately preceding the date

24  of application for employment, or the effective date of this

25  act for an individual employed as a burglar alarm system agent

26  on that date, unless he or she establishes that he or she is

27  not currently abusing any controlled substance and has

28  successfully completed a rehabilitation course.

29         (2)(a)  Persons who perform only monitoring or sales

30  are not required to complete the training required for burglar

31  alarm system agents.

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    Florida Senate - 2004                     CS for CS for SB 562
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 1         (b)  Persons who perform only monitoring at an

 2  out-of-state location are not required to comply with

 3  background check requirements.

 4         (c)  Persons who perform proprietary burglar alarm

 5  system agent duties for only a single employer, and who do not

 6  offer alarm system contracting services to the public, are not

 7  required to comply with background check requirements.

 8         (d)  A state-certified electrical contractor, a

 9  state-certified alarm system contractor, a state-registered

10  alarm system contractor, a journeyman electrician licensed by

11  any local jurisdiction, or an alarm technician licensed by a

12  local jurisdiction that requires an examination and experience

13  or training as licensure qualifications, is not required to

14  complete the training required for burglar alarm system

15  agents. A state-registered electrical contractor is not

16  required to complete the training required for burglar alarm

17  system agents, so long as he or she is only doing electrical

18  work up to the alarm panel.

19         (e)  A nonsupervising employee working as a helper or

20  apprentice under the direct, on-site, continuous supervision

21  of a state-certified electrical contractor, a state-registered

22  electrical contractor, a state-certified alarm system

23  contractor, a state-registered alarm system contractor, a

24  journeyman electrician licensed by any local jurisdiction, an

25  alarm technician licensed by a local jurisdiction that

26  requires an examination and experience or training as

27  licensure qualifications, or a qualified alarm system agent is

28  not required to complete the training otherwise required and

29  is not required to be 18 years of age or older.

30         (3)  An applicant for employment as an alarm system

31  agent, or an individual employed as a burglar alarm system

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    Florida Senate - 2004                     CS for CS for SB 562
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 1  agent on the effective date of this act, may commence or

 2  continue employment pending the completion of the required

 3  training and the results of the background check required by

 4  this section for a period not to exceed 90 60 days after the

 5  date of application for employment, or 90 60 days after the

 6  effective date of this act for individuals currently employed

 7  as burglar alarm system agents. However, the person must work

 8  under the direction and control of a sponsoring licensed

 9  electrical or burglar alarm system contractor pending the

10  completion of the training and the criminal background check.

11  If an applicant or an individual employed on the effective

12  date of this act does not complete the training or receive a

13  satisfactory criminal background check within the 90-day

14  60-day period, the employment must be terminated immediately.

15         (4)(a)  A licensed electrical or alarm system

16  contractor shall furnish each of its burglar alarm system

17  agents with an identification card.

18         (b)  The identification card shall be designed in a

19  board-approved format. The card must shall include a picture

20  of the agent, must and shall specify at least the name of the

21  holder of the card and the name and license number of the

22  contractor, and must shall be signed by the contractor and by

23  the holder of the card. Each identification card is valid for

24  a period of 2 years after the date of issuance. The

25  identification card must shall be in the possession of each

26  burglar alarm system agent while engaged in burglar alarm

27  system agent duties.

28         (c)(b)  Each person to whom an identification card has

29  been issued shall be responsible for the safekeeping thereof

30  and shall not loan, or allow any other person to use or

31  display, the identification card.

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    Florida Senate - 2004                     CS for CS for SB 562
    309-2524-04




 1         (d)  Each identification card must be renewed every 2

 2  years and in a board-approved format to show compliance with

 3  the 6 hours of continuing education necessary to maintain

 4  certification as a burglar alarm system agent.

 5         (e)  Each licensed electrical or alarm system

 6  contractor must obtain an updated criminal background check

 7  from the Department of Law Enforcement for each burglar alarm

 8  system agent who renews certification.

 9         (5)  Each burglar alarm system agent must receive 6

10  hours of continuing education on burglar alarm system

11  installation and repair and false alarm prevention every 2

12  years from a board-approved sponsor of training and through a

13  board-approved training course.

14         (6)(5)  Failure to comply with any of the provisions of

15  this section shall be a disciplinable offense against the

16  contractor pursuant to s. 489.533.

17         Section 3.  Section 489.5185, Florida Statutes, is

18  amended to read:

19         489.5185  Fire alarm system agents.--

20         (1)  A certified unlimited electrical contractor or

21  licensed fire alarm contractor may not employ a person to

22  perform the duties of a fire alarm system agent unless the

23  person:

24         (a)  Is at least 18 years of age or has evidence of a

25  court-approved declaration of emancipation.

26         (b)  Has successfully completed a minimum of 14 18

27  hours of initial training, to include basic fire alarm system

28  technology in addition to related training in National Fire

29  Protection Association (NFPA) codes and standards and access

30  control training, with at least 2 hours of training in the

31  prevention of false alarms. Such training must be from a

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    Florida Senate - 2004                     CS for CS for SB 562
    309-2524-04




 1  board-approved provider, and the employee or applicant for

 2  employment must provide proof of successful completion to the

 3  licensed employer. The board, by rule, shall establish

 4  criteria for the approval of training courses and providers.

 5  The board shall approve qualified providers that conduct

 6  training in other than the English language. The board shall

 7  establish a fee for the approval of training providers, not to

 8  exceed $200, and a fee for the approval of courses at $25 per

 9  credit hour, not to exceed $100 per course.

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 a fire alarm system agent for 3 years

14  subsequent to his or her conviction, the employer shall be

15  supplied the information regarding any convictions occurring

16  prior to that time, and the employer may at his or her

17  discretion consider an earlier conviction to be a bar to

18  employment as a fire alarm system agent. To ensure that this

19  requirement has been met, a certified unlimited electrical

20  contractor or licensed fire alarm contractor must obtain from

21  the Department of Law Enforcement a completed fingerprint and

22  criminal background check for each applicant for employment as

23  a fire alarm system agent or for each individual currently

24  employed on the effective date of this act as a fire alarm

25  system agent.

26         (d)  Has not been committed for controlled substance

27  abuse or been found guilty of a crime under chapter 893 or any

28  similar law relating to controlled substances in any other

29  state within the 3-year period immediately preceding the date

30  of application for employment, or immediately preceding the

31  effective date of this act for an individual employed as a

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    Florida Senate - 2004                     CS for CS for SB 562
    309-2524-04




 1  fire alarm system agent on that date, unless the person

 2  establishes that he or she is not currently abusing any

 3  controlled substance and has successfully completed a

 4  rehabilitation course.

 5         (2)(a)  Any applicant for employment as a fire alarm

 6  system agent, or any individual employed as a fire alarm

 7  system agent on the effective date of this act, who has

 8  completed alarm system agent or burglar alarm system agent

 9  training prior to the effective date of this act in a

10  board-certified program is not required to take additional

11  training in order to comply with the initial training

12  requirements of this section.

13         (b)  A state-certified electrical contractor, a

14  state-certified fire alarm system contractor, a

15  state-registered fire alarm system contractor, a journeyman

16  electrician licensed by any local jurisdiction, or an alarm

17  technician licensed by a local jurisdiction that requires an

18  examination and experience or training as licensure

19  qualifications is not required to complete the training

20  required for fire alarm system agents. A state-registered

21  electrical contractor is not required to complete the training

22  required for fire alarm system agents, so long as he or she is

23  only doing electrical work up to the alarm panel.

24         (c)  A nonsupervising employee working as a helper or

25  apprentice under the direct, onsite, continuous supervision of

26  a state-certified electrical contractor, a state-registered

27  electrical contractor, a state-certified fire alarm system

28  contractor, a state-registered fire alarm system contractor, a

29  journeyman electrician licensed by any local jurisdiction, an

30  alarm technician licensed by a local jurisdiction that

31  requires an examination and experience or training as

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    Florida Senate - 2004                     CS for CS for SB 562
    309-2524-04




 1  licensure qualifications, or a qualified fire alarm system

 2  agent is not required to complete the training otherwise

 3  required and is not required to be 18 years of age or older.

 4         (d)  A burglar alarm system agent employed by a

 5  licensed fire alarm contractor or certified unlimited

 6  electrical contractor who has fulfilled all requirements of s.

 7  489.518 prior to the effective date of this act is not

 8  required to complete the initial training required by this

 9  section for fire alarm system agents.

10         (e)  Persons who perform only monitoring are not

11  required to complete the training required for fire alarm

12  system agents.

13         (3)  An applicant for employment as a fire alarm system

14  agent may commence employment, or an individual employed as a

15  fire alarm system agent on the effective date of this act may

16  continue employment, pending completion of both the training

17  and the fingerprint and criminal background checks required by

18  this section, for a period not to exceed 90 days after the

19  date of application for employment or 90 days after the

20  effective date of this act for individuals employed as fire

21  alarm system agents on that date. However, the person must

22  work under the direction and control of a sponsoring certified

23  unlimited electrical contractor or licensed fire alarm

24  contractor until completion of both the training and the

25  fingerprint and criminal background checks. If an applicant or

26  an individual employed on the effective date of this act does

27  not complete the training or receive satisfactory fingerprint

28  and criminal background checks within the 90-day period, the

29  employment must be terminated immediately.

30  

31  

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    Florida Senate - 2004                     CS for CS for SB 562
    309-2524-04




 1         (4)(a)  A certified unlimited electrical contractor or

 2  licensed fire alarm contractor must furnish each of his or her

 3  fire alarm system agents with an identification card.

 4         (b)  The card shall follow a board-approved format, to

 5  include a picture of the agent; shall specify at least the

 6  name of the holder of the card and the name and license number

 7  of the certified unlimited electrical contractor or licensed

 8  fire alarm contractor; and shall be signed by both the

 9  contractor and the holder of the card. Each identification

10  card shall be valid for a period of 2 years after the date of

11  issuance. The identification card must be in the possession of

12  the fire alarm system agent while engaged in fire alarm system

13  agent duties.

14         (c)  Each person to whom an identification card has

15  been issued is responsible for the safekeeping thereof, and

16  may not loan, or allow any other person to use or display, the

17  identification card.

18         (d)  Each identification card must be renewed every 2

19  years and in a board-approved format to show compliance with

20  the 6 hours of continuing education necessary to maintain

21  certification as a fire alarm system agent.

22         (e)  Each licensed electrical or alarm system

23  contractor must obtain an updated criminal background check

24  from the Department of Law Enforcement for each fire alarm

25  system agent who renews certification.

26         (5)  Each fire alarm system agent must receive 6 hours

27  of continuing education on fire alarm system installation and

28  repair and false alarm prevention every 2 years from a

29  board-approved sponsor of training and through a

30  board-approved training course.

31  

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    Florida Senate - 2004                     CS for CS for SB 562
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 1         (6)  Failure to comply with any of the provisions of

 2  this section shall be grounds for disciplinary action against

 3  the contractor pursuant to s. 489.533.

 4         Section 4.  This act shall take effect July 1, 2004.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                            CS/SB 562

 8                                 

 9  The committee substitute:

10  (1) Retains the background check for alarm system agents and
    fire alarm system agents from the Florida Department of Law
11  Enforcement and removes the additional background check from
    the Federal Bureau of Investigation.
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    (2) Removes the requirement that the central monitoring
13  station be designed to make a second call to the premises if
    the first call is not answered.
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