HB 1207

1	A bill to be entitled
2	An act relating to electrical and alarm system
3	contracting; amending s. 489.503, F.S.; revising
4	exemptions from regulation of electrical and alarm system
5	contracting; amending s. 489.505, F.S.; revising
6	definitions; amending s. 489.513, F.S.; providing
7	additional requirements for registration as a contractor;
8	amending s. 489.529, F.S.; requiring central monitoring
9	stations to employ enhanced call verification methods
10	under certain circumstances; amending s. 489.530, F.S.;
11	exempting fire alarm systems from certain audible alarm
12	requirements; amending s. 489.537, F.S.; providing a
13	limitation on additional alarm system contractor or
14	electrical contractor certification or licensure
15	requirements; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Paragraph (b) of subsection (14) and paragraph
20	(d) of subsection (15) of section 489.503, Florida Statutes, are
21	amended to read:
22	489.503  Exemptions.--This part does not apply to:
23	(14)
24	(b)  The installation of, repair of, alteration of,
25	addition to, or design of electrical wiring, fixtures,
26	appliances, thermostats, apparatus, raceways, and conduit, or
27	any part thereof, when those items are for the purpose of
28	transmitting data, voice communications, or commands as part of
29	a system of telecommunications, including computers, telephone
30	customer premises equipment, or premises wiring. The scope of
31	this exemption is limited to electrical circuits and equipment
32	governed by the applicable provisions of Articles 725 (Classes 2
33	and 3 circuits only), 770, 800, 810, and 820 of the National
34	Electrical Code, current edition, or 47 C.F.R. part 68. A
35	company certified under chapter 364 is not subject to any local
36	ordinance that requires a permit for work performed by its
37	employees related to low voltage electrical work, including
38	related technical codes and regulations. The exemption in this
39	paragraph shall apply only if such work is requested by the
40	company's customer, is required in order to complete phone
41	service, is incidental to provision of telecommunication service
42	as required by chapter 364, and is not the subject of a
43	competitive bid. The definition of "employee" established in
44	subsection (1) applies to this exemption and does not include
45	subcontractors. Contractors performing work in accordance with
46	the applicable provisions of Articles 725 (Classes 2 and 3
47	circuits only), 770, 800, 810, and 820 of the National
48	Electrical Code, current edition, or 47 C.F.R. part 68 that is
49	not certified under chapter 364 must be certified pursuant to s.
50	489.511.
51	(15)  The provision, installation, testing, routine
52	maintenance, factory-servicing, or monitoring of a personal
53	emergency response system, as defined in s. 489.505, by an
54	authorized person who:
55	(d)  Is an employee of or an authorized representative or
56	distributor for the producer or manufacturer of the personal
57	emergency response system being monitored.
58	Section 2.  Subsections (2), (7), (25), (27), and (28) of
59	section 489.505, Florida Statutes, are amended to read:
60	489.505  Definitions.--As used in this part:
61	(2)  "Alarm system contractor" means a person whose
62	business includes the execution of contracts requiring the
63	ability, experience, science, knowledge, and skill to lay out,
64	fabricate, install, maintain, alter, repair, monitor, inspect,
65	replace, or service alarm systems for compensation, including,
66	but not limited to, all types of alarm systems for all purposes.
67	This term also means any person, firm, or corporation that
68	engages in the business of alarm system contracting under an
69	expressed or implied contract; that undertakes, offers to
70	undertake, purports to have the capacity to undertake, or
71	submits a bid to engage in the business of alarm system
72	contracting; or that does itself or by or through others engage
73	in the business of alarm system contracting.
74	(a)  "Alarm system contractor I" means an alarm system
75	contractor whose business includes all types of alarm systems
76	for all purposes.
77	(b)  "Alarm system contractor II" means an alarm system
78	contractor whose business includes all types of alarm systems
79	other than fire, for all purposes, except as herein provided.
80	(7)  "Certified alarm system contractor" means an alarm
81	system contractor who possesses a certificate of competency
82	issued by the department. The scope of certification is limited
83	to alarm circuits originating in the alarm control panel and
84	equipment governed by the applicable provisions of Articles 725,
85	760, 770, 800, and 810 of the National Electrical Code, Current
86	Edition, and National Fire Protection Association Standard 72,
87	Current Edition. The scope of certification for alarm system
88	contractors also includes the installation, repair, fabrication,
89	erection, alteration, addition, inspection, monitoring, or
90	design of electrical wiring, fixtures, appliances, thermostats,
91	apparatus, raceways, and conduit, or any part thereof not to
92	exceed 98 volts (RMS) 77 volts, when those items are for the
93	purpose of transmitting data or proprietary video (satellite
94	systems that are not part of a community antenna television or
95	radio distribution system) or providing central vacuum
96	capability or electric locks; however, this provision governing
97	the scope of certification does not create any mandatory
98	licensure requirement.
99	(25)  "Burglar alarm system agent" means a person:
100	(a)  Who is employed by a licensed alarm system contractor
101	or licensed electrical contractor;
102	(b)  Who is performing duties which are an element of an
103	activity which constitutes alarm system contracting requiring
104	licensure under this part; and
105	(c)  Whose specific duties include any of the following:
106	altering, installing, maintaining, moving, repairing, replacing,
107	servicing, inspecting, selling onsite, or monitoring an
108	intrusion or burglar alarm system for compensation.
109	(27)  "Monitoring" means to receive electrical or
110	electronic signals, originating from any structure building
111	within or outside of the state, regardless of whether those
112	signals are relayed through a jurisdiction outside of the state,
113	where such signals are produced by any security, medical, fire,
114	or burglar alarm, closed circuit television camera, access
115	control system, or related or similar protective system and are
116	intended by design to initiate a response thereto. A person
117	shall not have committed the act of monitoring if:
118	(a)  The person is an occupant of, or an employee working
119	within, protected premises;
120	(b)  The person initiates emergency action in response to
121	hearing or observing an alarm signal;
122	(c)  The person's action is incidental to his or her
123	primary responsibilities; and
124	(d)  The person is not employed in a proprietary monitoring
125	facility, as defined by the National Fire Protection Association
126	pursuant to rule adopted under chapter 633.
127	(28)  "Fire alarm system agent" means a person:
128	(a)  Who is employed by a licensed fire alarm contractor or
129	certified unlimited electrical contractor;
130	(b)  Who is performing duties which are an element of an
131	activity that constitutes fire alarm system contracting
132	requiring certification under this part; and
133	(c)  Whose specific duties include any of the following:
134	altering, installing, maintaining, moving, repairing, replacing,
135	servicing, selling onsite, or monitoring a fire alarm system for
136	compensation.
137	Section 3.  Subsection (1) of section 489.513, Florida
138	Statutes, is amended to read:
139	489.513  Registration; application; requirements.--
140	(1)  Any person engaged in the business of contracting in
141	the state shall be registered in the proper classification,
142	unless he or she is certified. Any person desiring to be a
143	registered contractor shall apply to the department for
144	registration, and:
145	(a)  Be at least 18 years old.
146	(b)  Be of good moral character.
147	1.  "Good moral character" means a personal history of
148	honesty, fairness, and respect for the rights of others and for
149	the laws of this state and nation.
150	2.  The board may determine that a person applying for
151	registration is ineligible for failure to satisfy the
152	requirement of good moral character only if:
153	a.  There is a substantial connection between the lack of
154	good moral character of the individual and the professional
155	responsibilities of a registered contractor.
156	b.  The finding by the board of lack of good moral
157	character is supported by clear and convincing evidence.
158	3.  When a person is found to be unqualified because of a
159	lack of good moral character, the board shall furnish the person
160	a statement containing the findings of the board, a complete
161	record of evidence upon which the determination was based, and a
162	notice of the rights of the person to a rehearing and appeal.
163	Section 4.  Section 489.529, Florida Statutes, is amended
164	to read:
165	489.529  Alarm verification calls required.--All
166	residential or commercial intrusion/burglary alarms that have
167	central monitoring must have a central monitoring verification
168	call made to the premises generating the alarm signal, prior to
169	alarm monitor personnel contacting a law enforcement agency for
170	alarm dispatch. The central monitoring station must employ
171	enhanced call verification methods for the premises generating
172	the alarm signal if the first call is not answered. However, if
173	the intrusion/burglary alarms have properly operating visual or
174	auditory sensors that enable the monitoring personnel to verify
175	the alarm signal, verification calling is not required.
176	Section 5.  Section 489.530, Florida Statutes, is amended
177	to read:
178	489.530  Audible alarms.--Every audible alarm system
179	installed by a licensed contractor shall have a device to
180	automatically terminate the audible signal within 15 minutes of
181	activation. Fire alarms systems, whether installed voluntarily
182	or as a requirement of an adopted code employing audible fire
183	signals, shall be exempted as required by such code.
184	Section 6.  Paragraph (a) of subsection (3) of section
185	489.537, Florida Statutes, is amended to read:
186	489.537  Application of this part.--
187	(3)  Nothing in this act limits the power of a municipality
188	or county:
189	(a)  To regulate the quality and character of work
190	performed by contractors through a system of permits, fees, and
191	inspections which is designed to secure compliance with, and aid
192	in the implementation of, state and local building laws or to
193	enforce other local laws for the protection of the public health
194	and safety. However, no certified alarm system contractor or
195	certified electrical contractor shall be subject to any
196	additional certification or licensure requirements not required
197	by this part.
198	Section 7.  This act shall take effect July 1, 2005.

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