Senate Bill sb0982
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Florida Senate - 2005 SB 982
By Senator Bennett
21-770-05
1 A bill to be entitled
2 An act relating to electrical and alarm system
3 contracting; amending s. 489.503, F.S.;
4 requiring certain contractors to be certified
5 pursuant to part II of ch. 489, F.S.; providing
6 that an employee of the producer or
7 manufacturer of a personal emergency response
8 system is exempt from part II of ch. 489, F.S.;
9 amending s. 489.505, F.S.; revising
10 definitions; amending s. 489.513, F.S.;
11 providing eligibility requirements for
12 registering with the Department of Business and
13 Professional Regulation as an electrical
14 contractor or alarm system contractor; amending
15 s. 489.529, F.S.; requiring a central
16 monitoring station to employ call-verification
17 methods under certain circumstances; amending
18 s. 489.530, F.S.; exempting a fire alarm system
19 from the requirement that it have a device that
20 automatically terminates its audible signal
21 after a certain period; amending s. 489.537,
22 F.S.; providing that certain alarm system
23 contractors and electrical contractors may not
24 be required by a municipality or county to
25 obtain additional certification or meet
26 additional licensure requirements; providing an
27 effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2005 SB 982
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1 Section 1. Sections (14) and (15) of section 489.503,
2 Florida Statutes, are amended to read:
3 489.503 Exemptions.--This part does not apply to:
4 (14)(a) The installation of, repair of, alteration of,
5 addition to, or design of electrical wiring, fixtures,
6 appliances, thermostats, apparatus, raceways, and conduit, or
7 any part thereof, when those items are for the purpose of
8 transmitting data, voice communications, or commands as part
9 of a cable television, community antenna television, or radio
10 distribution system. The scope of this exemption is limited to
11 electrical circuits and equipment governed by the applicable
12 provisions of Articles 725 (Classes 2 and 3 circuits only),
13 770, 800, 810, and 820 of the National Electrical Code,
14 current edition, or 47 C.F.R. part 68.
15 (b) The installation of, repair of, alteration of,
16 addition to, or design of electrical wiring, fixtures,
17 appliances, thermostats, apparatus, raceways, and conduit, or
18 any part thereof, when those items are for the purpose of
19 transmitting data, voice communications, or commands as part
20 of a system of telecommunications, including computers,
21 telephone customer premises equipment, or premises wiring. The
22 scope of this exemption is limited to electrical circuits and
23 equipment governed by the applicable provisions of Articles
24 725 (Classes 2 and 3 circuits only), 770, 800, 810, and 820 of
25 the National Electrical Code, current edition, or 47 C.F.R.
26 part 68. A company certified under chapter 364 is not
27 subject to any local ordinance that requires a permit for work
28 performed by its employees related to low voltage electrical
29 work, including related technical codes and regulations. The
30 exemption in this paragraph shall apply only if such work is
31 requested by the company's customer, is required in order to
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Florida Senate - 2005 SB 982
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1 complete phone service, is incidental to provision of
2 telecommunication service as required by chapter 364, and is
3 not the subject of a competitive bid. The definition of
4 "employee" established in subsection (1) applies to this
5 exemption and does not include subcontractors. Contractors
6 performing work in accordance with the applicable provisions
7 of Articles 725 (Classes 2 and 3 circuits only), 770, 800,
8 810, and 820 of the National Electrical Code, current edition,
9 or 47 C.F.R. part 68 who are not certified under chapter 364
10 must be certified pursuant to this part.
11 (15) The provision, installation, testing, routine
12 maintenance, factory-servicing, or monitoring of a personal
13 emergency response system, as defined in s. 489.505, by an
14 authorized person who:
15 (a) Is an employee of, or a volunteer supervised by an
16 employee of, a health care facility licensed by the Agency for
17 Health Care Administration;
18 (b) Performs services for the Department of Elderly
19 Affairs;
20 (c) Performs services for the Department of Children
21 and Family Services under chapter 410; or
22 (d) Is an employee of or an authorized representative
23 or distributor for the producer or manufacturer of the
24 personal emergency response system being monitored.
25 Section 2. Subsections (2), (7), (25), (27), and (28)
26 of section 489.505, Florida Statutes, are amended to read:
27 489.505 Definitions.--As used in this part:
28 (2) "Alarm system contractor" means a person whose
29 business includes the execution of contracts requiring the
30 ability, experience, science, knowledge, and skill to lay out,
31 fabricate, install, maintain, alter, repair, monitor, inspect,
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Florida Senate - 2005 SB 982
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1 replace, or service alarm systems for compensation, including,
2 but not limited to, all types of alarm systems for all
3 purposes. This term also means any person, firm, or
4 corporation that engages in the business of alarm contracting
5 under an expressed or implied contract; that undertakes,
6 offers to undertake, purports to have the capacity to
7 undertake, or submits a bid to engage in the business of alarm
8 contracting; or that does itself or by or through others
9 engage in the business of alarm contracting.
10 (a) "Alarm system contractor I" means an alarm system
11 contractor whose business includes all types of alarm systems
12 for all purposes.
13 (b) "Alarm system contractor II" means an alarm system
14 contractor whose business includes all types of alarm systems
15 other than fire, for all purposes, except as herein provided.
16 (7) "Certified alarm system contractor" means an alarm
17 system contractor who possesses a certificate of competency
18 issued by the department. The scope of certification is
19 limited to alarm circuits originating in the alarm control
20 panel and equipment governed by the applicable provisions of
21 Articles 725, 760, 770, 800, and 810 of the National
22 Electrical Code, Current Edition, and National Fire Protection
23 Association Standard 72, Current Edition. The scope of
24 certification for alarm system contractors also includes the
25 installation, repair, fabrication, erection, alteration,
26 addition, inspection, monitoring, or design of electrical
27 wiring, fixtures, appliances, thermostats, apparatus,
28 raceways, and conduit, or any part thereof not to exceed 98
29 volts (RMS) 77 volts, when those items are for the purpose of
30 transmitting data or proprietary video (satellite systems that
31 are not part of a community antenna television or radio
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1 distribution system) or providing central vacuum capability or
2 electric locks; however, this provision governing the scope of
3 certification does not create any mandatory licensure
4 requirement.
5 (25) "Burglar alarm system agent" means a person:
6 (a) Who is employed by a licensed alarm system
7 contractor or licensed electrical contractor;
8 (b) Who is performing duties which are an element of
9 an activity which constitutes alarm system contracting
10 requiring licensure under this part; and
11 (c) Whose specific duties include any of the
12 following: altering, installing, maintaining, moving,
13 repairing, replacing, servicing, inspecting, selling onsite,
14 or monitoring an intrusion or burglar alarm system for
15 compensation.
16 (27) "Monitoring" means to receive electrical or
17 electronic signals, originating from any structure building
18 within the state or outside the state, regardless of whether
19 those signals are relayed through a jurisdiction outside the
20 state, where such signals are, produced by any security,
21 medical, fire, or burglar alarm, closed circuit television
22 camera, access-control system, or related or similar
23 protective system and are intended by design to initiate a
24 response thereto. A person shall not have committed the act
25 of monitoring if:
26 (a) The person is an occupant of, or an employee
27 working within, protected premises;
28 (b) The person initiates emergency action in response
29 to hearing or observing an alarm signal;
30 (c) The person's action is incidental to his or her
31 primary responsibilities; and
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1 (d) The person is not employed in a proprietary
2 monitoring facility, as defined by the National Fire
3 Protection Association pursuant to rule adopted under chapter
4 633.
5 (28) "Fire alarm system agent" means a person:
6 (a) Who is employed by a licensed fire alarm
7 contractor or certified unlimited electrical contractor;
8 (b) Who is performing duties which are an element of
9 an activity that constitutes fire alarm system contracting
10 requiring certification under this part; and
11 (c) Whose specific duties include any of the
12 following: altering, installing, maintaining, moving,
13 repairing, replacing, servicing, selling onsite, or monitoring
14 a fire alarm system for compensation.
15 Section 3. Subsection (1) of section 489.513, Florida
16 Statutes, is amended to read:
17 489.513 Registration; application; requirements.--
18 (1) Any person engaged in the business of contracting
19 in the state shall be registered in the proper classification,
20 unless he or she is certified. Any person desiring to be a
21 registered contractor shall apply to the department for
22 registration and must:.
23 (a) Be at least 18 years old;
24 (b) Be of good moral character; and
25 (c) Meet eligibility requirements according to the
26 following criteria:
27 1. As used in this subsection, the term "good moral
28 character" means a personal history of honesty, fairness, and
29 respect for the rights of others and for state and federal
30 law.
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1 2. The board may determine that an individual applying
2 for registration is ineligible due to failure to satisfy the
3 requirement of good moral character only if:
4 a. There is a substantial connection between the lack
5 of good moral character of the individual and the professional
6 responsibilities of a registered contractor; and
7 b. The finding by the board of lack of good moral
8 character is supported by clear and convincing evidence.
9 3. When an individual is found to be unqualified
10 because of lack of good moral character, the board must
11 furnish such individual a statement containing the findings of
12 the board, a complete record of evidence upon which the
13 determination was based, and a notice of the rights of the
14 individual to a rehearing and an appeal.
15 Section 4. Section 489.529, Florida Statutes, is
16 amended to read:
17 489.529 Alarm verification calls required.--All
18 residential or commercial intrusion/burglary alarms that have
19 central monitoring must have a central monitoring verification
20 call made to the premises generating the alarm signal, prior
21 to alarm monitor personnel contacting a law enforcement agency
22 for alarm dispatch. The central monitoring station must employ
23 call-verification methods for the premises generating the
24 alarm signal if the first call is not answered. However, if
25 the intrusion/burglary alarms have properly operating visual
26 or auditory sensors that enable the monitoring personnel to
27 verify the alarm signal, verification calling is not required.
28 Section 5. Section 489.530, Florida Statutes, is
29 amended to read:
30 489.530 Audible alarms.--Every audible alarm system
31 installed by a licensed contractor shall have a device to
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1 automatically terminate the audible signal within 15 minutes
2 of activation. A fire alarm system, whether installed
3 voluntarily or as a requirement of an adopted code, which
4 employs an audible fire signal, is exempt as required by such
5 code.
6 Section 6. Paragraph (a) of subsection (3) of section
7 489.537, Florida Statutes, is amended to read:
8 489.537 Application of this part.--
9 (3) Nothing in this act limits the power of a
10 municipality or county:
11 (a) To regulate the quality and character of work
12 performed by contractors through a system of permits, fees,
13 and inspections which is designed to secure compliance with,
14 and aid in the implementation of, state and local building
15 laws or to enforce other local laws for the protection of the
16 public health and safety. However, a certified alarm system
17 contractor or certified electrical contractor is not subject
18 to any additional certification or licensure requirements that
19 are not required by this part.
20 Section 7. This act shall take effect July 1, 2005.
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23 SENATE SUMMARY
24 Requires certain contractors to be certified. Provides
that an employee of a producer or manufacturer of a
25 personal emergency response system is exempt from
certification requirements. Provides eligibility
26 requirements for registering with the Department of
Business and Professional Regulation as an electrical
27 contractor or alarm system contractor. Requires a central
monitoring station to employ call-verification methods
28 under certain circumstances. Exempts a fire alarm system
from the requirement that it have a device that
29 automatically terminates its audible alarm signal after a
certain amount of time. Provides that certain alarm
30 system contractors and electrical contractors are not
subject to additional local licensure requirements.
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