(LATE FILED)Amendment
Bill No. 1351
Amendment No. 017503
CHAMBER ACTION
Senate House
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1Representative(s) Reagan offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 56-98 and insert:
5     Section 2.  Subsections (21) and (22) are added to section
6489.503, Florida Statutes, to read:
7     489.503  Exemptions.--This part does not apply to:
8     (21)  Alarm system inspections, audits, or quality
9assurance services performed by a nationally recognized testing
10laboratory that the Occupational Safety and Health
11Administration has recognized as meeting the requirements of 29
12C.F.R. s. 1910.7.
13     (22)  Any person who installs or repairs lightning rods or
14related systems.
15     Section 3.  Subsections (2), (7), (25), (27), and (28) of
16section 489.505, Florida Statutes, are amended, and subsection
17(29) is added to that section, to read:
18     489.505  Definitions.--As used in this part:
19     (2)  "Alarm system contractor" means a person whose
20business includes the execution of contracts requiring the
21ability, experience, science, knowledge, and skill to lay out,
22fabricate, install, maintain, alter, repair, monitor, inspect,
23replace, or service alarm systems for compensation, including,
24but not limited to, all types of alarm systems for all purposes.
25This term also means any person, firm, or corporation that
26engages in the business of alarm contracting under an expressed
27or implied contract; that undertakes, offers to undertake,
28purports to have the capacity to undertake, or submits a bid to
29engage in the business of alarm contracting; or that by itself
30or by or through others engages in the business of alarm
31contracting.
32     (a)  "Alarm system contractor I" means an alarm system
33contractor whose business includes all types of alarm systems
34for all purposes.
35     (b)  "Alarm system contractor II" means an alarm system
36contractor whose business includes all types of alarm systems
37other than fire, for all purposes, except as herein provided.
38     (7)  "Certified alarm system contractor" means an alarm
39system contractor who possesses a certificate of competency
40issued by the department. The scope of certification is limited
41to alarm circuits originating in the alarm control panel and
42equipment governed by the applicable provisions of Articles 725,
43760, 770, 800, and 810 of the National Electrical Code, Current
44Edition, and National Fire Protection Association Standard 72,
45Current Edition. The scope of certification for alarm system
46contractors also includes the installation, repair, fabrication,
47erection, alteration, addition, or design of electrical wiring,
48fixtures, appliances, thermostats, apparatus, raceways, and
49conduit, or any part thereof not to exceed 98 77 volts (RMS),
50when those items are for the purpose of transmitting data or
51proprietary video (satellite systems that are not part of a
52community antenna television or radio distribution system) or
53providing central vacuum capability or electric locks; however,
54this provision governing the scope of certification does not
55create any mandatory licensure requirement.
56     (25)  "Burglar alarm system agent" means a person:
57     (a)  Who is employed by a licensed alarm system contractor
58or licensed electrical contractor;
59     (b)  Who is performing duties which are an element of an
60activity which constitutes alarm system contracting requiring
61licensure under this part; and
62     (c)  Whose specific duties include any of the following:
63altering, installing, maintaining, moving, repairing, replacing,
64servicing, selling onsite, or monitoring an intrusion or burglar
65alarm system for compensation.
66     (27)  "Monitoring" means to receive electrical or
67electronic signals, originating from any structure building
68within the state or outside the state, regardless of whether
69those signals are relayed through a jurisdiction outside the
70state, where such signals are produced by any security, medical,
71fire, or burglar alarm, closed circuit television camera, or
72related or similar protective system and are intended by design
73to initiate a response thereto. A person shall not have
74committed the act of monitoring if:
75     (a)  The person is an occupant of, or an employee working
76within, protected premises;
77     (b)  The person initiates emergency action in response to
78hearing or observing an alarm signal;
79     (c)  The person's action is incidental to his or her
80primary responsibilities; and
81     (d)  The person is not employed in a proprietary monitoring
82facility, as defined by the National Fire Protection Association
83pursuant to rule adopted under chapter 633.
84     (28)  "Fire alarm system agent" means a person:
85     (a)  Who is employed by a licensed fire alarm contractor or
86certified unlimited electrical contractor;
87     (b)  Who is performing duties which are an element of an
88activity that constitutes fire alarm system contracting
89requiring certification under this part; and
90     (c)  Whose specific duties include any of the following:
91altering, installing, maintaining, moving, repairing, replacing,
92servicing, selling onsite, or monitoring a fire alarm system for
93compensation.
94     (29)  "Nationally recognized testing laboratory" means an
95organization that the Occupational Safety and Health
96Administration has legally recognized to be in compliance with
9729 C.F.R. s. 1910.7 and that provides quality assurance, product
98testing, or certification services.
99     Section 4.  Subsection (1) of section 489.513, Florida
100Statutes, is amended to read:
101     489.513  Registration; application; requirements.--
102     (1)  Any person engaged in the business of contracting in
103the state shall be registered in the proper classification,
104unless he or she is certified. Any person desiring to be a
105registered contractor shall apply to the department for
106registration and must:
107     (a)  Be at least 18 years old;
108     (b)  Be of good moral character; and
109     (c)  Meet eligibility requirements according to the
110following criteria:
111     1.  As used in this subsection, the term "good moral
112character" means a personal history of honesty, fairness, and
113respect for the rights of others and for state and federal law.
114     2.  The board may determine that an individual applying for
115registration is ineligible due to failure to satisfy the
116requirement of good moral character only if:
117     a.  There is a substantial connection between the lack of
118good moral character of the individual and the professional
119responsibilities of a registered contractor; and
120     b.  The finding by the board of lack of good moral
121character is supported by clear and convincing evidence.
122     3.  When an individual is found to be unqualified because
123of lack of good moral character, the board must furnish such
124individual a statement containing the findings of the board, a
125complete record of evidence upon which the determination was
126based, and a notice of the rights of the individual to a
127rehearing and an appeal.
128     Section 5.  Subsection (5) is added to section 489.516,
129Florida Statutes, to read:
130     489.516  Qualifications to practice; restrictions;
131prerequisites.--
132     (5)  Notwithstanding any other provision to the contrary, a
133certified electrical contractor, registered alarm system
134contractor I, registered alarm system contractor II, or alarm
135system contractor I or alarm system contractor II that is a
136certified alarm system contractor is exempt from any local law,
137local ordinance, or local code that requires a contractor to be
138listed or placarded by a nationally recognized testing
139laboratory or to be certified by any regionally or nationally
140recognized certification organization. However, a county,
141municipality, or special district may require any such
142electrical contractor or alarm system contractor to provide, at
143the final inspection of a fire alarm system, the documentation
144required by NFPA No. 72, "National Fire Alarm Code," for
145installation and monitoring. This subsection does not prohibit a
146county, municipality, or special district from requiring
147compliance with the Florida Fire Prevention Code or with NFPA
148No. 72.
149     Section 6.  Section 489.529, Florida Statutes, is amended
150to read:
151     489.529  Alarm verification calls required.--All
152residential or commercial intrusion/burglary alarms that have
153central monitoring must have a central monitoring verification
154call made to the premises generating the alarm signal, prior to
155alarm monitor personnel contacting a law enforcement agency for
156alarm dispatch. The central monitoring station must employ call-
157verification methods for the premises generating the alarm
158signal if the first call is not answered. However, if the
159intrusion/burglary alarms have properly operating visual or
160auditory sensors that enable the monitoring personnel to verify
161the alarm signal, verification calling is not required.
162     Section 7.  Section 489.530, Florida Statutes, is amended
163to read:
164     489.530  Audible alarms.--Every audible alarm system
165installed by a licensed contractor shall have a device to
166automatically terminate the audible signal within 15 minutes of
167activation. A fire alarm system, whether installed voluntarily
168or as a requirement of an adopted code, which employs an audible
169fire signal is exempt as required by such code.
170     Section 8.  Paragraph (a) of subsection (1) of section
171489.532, Florida Statutes, is amended to read:
172     489.532  Contracts entered into by unlicensed contractors
173unenforceable.--
174     (1)  As a matter of public policy, contracts entered into
175on or after October 1, 1990, by an unlicensed contractor shall
176be unenforceable in law or in equity by the unlicensed
177contractor.
178     (a)  For purposes of this section, an individual is
179unlicensed if the individual does not have a license required by
180this part concerning the scope of the work to be performed under
181the contract. A business organization is unlicensed if the
182business organization does not have a primary or secondary
183qualifying agent in accordance with this part concerning the
184scope of the work to be performed under the contract. For
185purposes of this section, if no state or local license is
186required for the scope of work to be performed under the
187contract, the individual performing that work shall not be
188considered unlicensed.
189     Section 9.  Sections 1 and 8 are intended to be remedial in
190nature and to clarify existing law. Sections 1 and 8 shall apply
191retroactively to all actions, including any action on a lien or
192bond claim, initiated on or after, or pending as of, July 1,
1932006. If the retroactivity of any provision of section 1 or
194section 8 or its retroactive application to any person or
195circumstance is held invalid, the invalidity does not affect the
196retroactivity or retroactive application of other provisions of
197sections 1 and 8.
198
199======= T I T L E  A M E N D M E N T =======
200     Remove line(s) 6-16 and insert:
201
202An act relating to contracting; amending ss. 489.128 and
203489.532, F.S.; providing that individuals performing certain
204construction contracting or electrical and alarm system
205contracting work are not considered unlicensed for purposes of
206contract enforceability; providing for retroactive application;
207amending s. 489.503, F.S.; exempting nationally recognized
208testing laboratories and persons who install or repair lightning
209rods from certain alarm system contracting provisions; amending
210s. 489.505, F.S.; revising definitions; defining the term
211"nationally recognized testing laboratory"; amending s. 489.513,
212F.S.; providing eligibility requirements for registering with
213the Department of Business and Professional Regulation as an
214electrical contractor or alarm system contractor; amending s.
215489.516, F.S.; exempting certain electrical and alarm system
216contractors from ordinances or codes of local governments or
217special districts requiring various types of recognition by
218certain national entities; authorizing local governments or
219special districts to require such contractors to provide certain
220documentation at the final inspection of an alarm system;
221reserving the authority of local governments and special
222districts to require compliance with the Florida Fire Prevention
223Code and NFPA No. 72; amending s. 489.529, F.S.; requiring a
224central monitoring station to employ call-verification methods
225under certain circumstances; amending s. 489.530, F.S.;
226exempting a fire alarm system from the requirement that it have
227a device that automatically terminates its audible signal after
228a certain period;


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