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
    21-770-05
 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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 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.
31  
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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.
21  
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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.
31  
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