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:

30  

31  

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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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    Florida Senate - 2005                                   SB 982
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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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    Florida Senate - 2005                                   SB 982
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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.

31  

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    Florida Senate - 2005                                   SB 982
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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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    Florida Senate - 2005                                   SB 982
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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.

21  

22            *****************************************

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.
31  

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