| 1 | Representative(s) Reagan offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line(s) 56-98 and insert: |
| 5 | Section 2. Subsections (21) and (22) are added to section |
| 6 | 489.503, Florida Statutes, to read: |
| 7 | 489.503 Exemptions.--This part does not apply to: |
| 8 | (21) Alarm system inspections, audits, or quality |
| 9 | assurance services performed by a nationally recognized testing |
| 10 | laboratory that the Occupational Safety and Health |
| 11 | Administration has recognized as meeting the requirements of 29 |
| 12 | C.F.R. s. 1910.7. |
| 13 | (22) Any person who installs or repairs lightning rods or |
| 14 | related systems. |
| 15 | Section 3. Subsections (2), (7), (25), (27), and (28) of |
| 16 | section 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 |
| 20 | business includes the execution of contracts requiring the |
| 21 | ability, experience, science, knowledge, and skill to lay out, |
| 22 | fabricate, install, maintain, alter, repair, monitor, inspect, |
| 23 | replace, or service alarm systems for compensation, including, |
| 24 | but not limited to, all types of alarm systems for all purposes. |
| 25 | This term also means any person, firm, or corporation that |
| 26 | engages in the business of alarm contracting under an expressed |
| 27 | or implied contract; that undertakes, offers to undertake, |
| 28 | purports to have the capacity to undertake, or submits a bid to |
| 29 | engage in the business of alarm contracting; or that by itself |
| 30 | or by or through others engages in the business of alarm |
| 31 | contracting. |
| 32 | (a) "Alarm system contractor I" means an alarm system |
| 33 | contractor whose business includes all types of alarm systems |
| 34 | for all purposes. |
| 35 | (b) "Alarm system contractor II" means an alarm system |
| 36 | contractor whose business includes all types of alarm systems |
| 37 | other than fire, for all purposes, except as herein provided. |
| 38 | (7) "Certified alarm system contractor" means an alarm |
| 39 | system contractor who possesses a certificate of competency |
| 40 | issued by the department. The scope of certification is limited |
| 41 | to alarm circuits originating in the alarm control panel and |
| 42 | equipment governed by the applicable provisions of Articles 725, |
| 43 | 760, 770, 800, and 810 of the National Electrical Code, Current |
| 44 | Edition, and National Fire Protection Association Standard 72, |
| 45 | Current Edition. The scope of certification for alarm system |
| 46 | contractors also includes the installation, repair, fabrication, |
| 47 | erection, alteration, addition, or design of electrical wiring, |
| 48 | fixtures, appliances, thermostats, apparatus, raceways, and |
| 49 | conduit, or any part thereof not to exceed 98 77 volts (RMS), |
| 50 | when those items are for the purpose of transmitting data or |
| 51 | proprietary video (satellite systems that are not part of a |
| 52 | community antenna television or radio distribution system) or |
| 53 | providing central vacuum capability or electric locks; however, |
| 54 | this provision governing the scope of certification does not |
| 55 | create any mandatory licensure requirement. |
| 56 | (25) "Burglar alarm system agent" means a person: |
| 57 | (a) Who is employed by a licensed alarm system contractor |
| 58 | or licensed electrical contractor; |
| 59 | (b) Who is performing duties which are an element of an |
| 60 | activity which constitutes alarm system contracting requiring |
| 61 | licensure under this part; and |
| 62 | (c) Whose specific duties include any of the following: |
| 63 | altering, installing, maintaining, moving, repairing, replacing, |
| 64 | servicing, selling onsite, or monitoring an intrusion or burglar |
| 65 | alarm system for compensation. |
| 66 | (27) "Monitoring" means to receive electrical or |
| 67 | electronic signals, originating from any structure building |
| 68 | within the state or outside the state, regardless of whether |
| 69 | those signals are relayed through a jurisdiction outside the |
| 70 | state, where such signals are produced by any security, medical, |
| 71 | fire, or burglar alarm, closed circuit television camera, or |
| 72 | related or similar protective system and are intended by design |
| 73 | to initiate a response thereto. A person shall not have |
| 74 | committed the act of monitoring if: |
| 75 | (a) The person is an occupant of, or an employee working |
| 76 | within, protected premises; |
| 77 | (b) The person initiates emergency action in response to |
| 78 | hearing or observing an alarm signal; |
| 79 | (c) The person's action is incidental to his or her |
| 80 | primary responsibilities; and |
| 81 | (d) The person is not employed in a proprietary monitoring |
| 82 | facility, as defined by the National Fire Protection Association |
| 83 | pursuant 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 |
| 86 | certified unlimited electrical contractor; |
| 87 | (b) Who is performing duties which are an element of an |
| 88 | activity that constitutes fire alarm system contracting |
| 89 | requiring certification under this part; and |
| 90 | (c) Whose specific duties include any of the following: |
| 91 | altering, installing, maintaining, moving, repairing, replacing, |
| 92 | servicing, selling onsite, or monitoring a fire alarm system for |
| 93 | compensation. |
| 94 | (29) "Nationally recognized testing laboratory" means an |
| 95 | organization that the Occupational Safety and Health |
| 96 | Administration has legally recognized to be in compliance with |
| 97 | 29 C.F.R. s. 1910.7 and that provides quality assurance, product |
| 98 | testing, or certification services. |
| 99 | Section 4. Subsection (1) of section 489.513, Florida |
| 100 | Statutes, is amended to read: |
| 101 | 489.513 Registration; application; requirements.-- |
| 102 | (1) Any person engaged in the business of contracting in |
| 103 | the state shall be registered in the proper classification, |
| 104 | unless he or she is certified. Any person desiring to be a |
| 105 | registered contractor shall apply to the department for |
| 106 | registration 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 |
| 110 | following criteria: |
| 111 | 1. As used in this subsection, the term "good moral |
| 112 | character" means a personal history of honesty, fairness, and |
| 113 | respect for the rights of others and for state and federal law. |
| 114 | 2. The board may determine that an individual applying for |
| 115 | registration is ineligible due to failure to satisfy the |
| 116 | requirement of good moral character only if: |
| 117 | a. There is a substantial connection between the lack of |
| 118 | good moral character of the individual and the professional |
| 119 | responsibilities of a registered contractor; and |
| 120 | b. The finding by the board of lack of good moral |
| 121 | character is supported by clear and convincing evidence. |
| 122 | 3. When an individual is found to be unqualified because |
| 123 | of lack of good moral character, the board must furnish such |
| 124 | individual a statement containing the findings of the board, a |
| 125 | complete record of evidence upon which the determination was |
| 126 | based, and a notice of the rights of the individual to a |
| 127 | rehearing and an appeal. |
| 128 | Section 5. Subsection (5) is added to section 489.516, |
| 129 | Florida Statutes, to read: |
| 130 | 489.516 Qualifications to practice; restrictions; |
| 131 | prerequisites.-- |
| 132 | (5) Notwithstanding any other provision to the contrary, a |
| 133 | certified electrical contractor, registered alarm system |
| 134 | contractor I, registered alarm system contractor II, or alarm |
| 135 | system contractor I or alarm system contractor II that is a |
| 136 | certified alarm system contractor is exempt from any local law, |
| 137 | local ordinance, or local code that requires a contractor to be |
| 138 | listed or placarded by a nationally recognized testing |
| 139 | laboratory or to be certified by any regionally or nationally |
| 140 | recognized certification organization. However, a county, |
| 141 | municipality, or special district may require any such |
| 142 | electrical contractor or alarm system contractor to provide, at |
| 143 | the final inspection of a fire alarm system, the documentation |
| 144 | required by NFPA No. 72, "National Fire Alarm Code," for |
| 145 | installation and monitoring. This subsection does not prohibit a |
| 146 | county, municipality, or special district from requiring |
| 147 | compliance with the Florida Fire Prevention Code or with NFPA |
| 148 | No. 72. |
| 149 | Section 6. Section 489.529, Florida Statutes, is amended |
| 150 | to read: |
| 151 | 489.529 Alarm verification calls required.--All |
| 152 | residential or commercial intrusion/burglary alarms that have |
| 153 | central monitoring must have a central monitoring verification |
| 154 | call made to the premises generating the alarm signal, prior to |
| 155 | alarm monitor personnel contacting a law enforcement agency for |
| 156 | alarm dispatch. The central monitoring station must employ call- |
| 157 | verification methods for the premises generating the alarm |
| 158 | signal if the first call is not answered. However, if the |
| 159 | intrusion/burglary alarms have properly operating visual or |
| 160 | auditory sensors that enable the monitoring personnel to verify |
| 161 | the alarm signal, verification calling is not required. |
| 162 | Section 7. Section 489.530, Florida Statutes, is amended |
| 163 | to read: |
| 164 | 489.530 Audible alarms.--Every audible alarm system |
| 165 | installed by a licensed contractor shall have a device to |
| 166 | automatically terminate the audible signal within 15 minutes of |
| 167 | activation. A fire alarm system, whether installed voluntarily |
| 168 | or as a requirement of an adopted code, which employs an audible |
| 169 | fire signal is exempt as required by such code. |
| 170 | Section 8. Paragraph (a) of subsection (1) of section |
| 171 | 489.532, Florida Statutes, is amended to read: |
| 172 | 489.532 Contracts entered into by unlicensed contractors |
| 173 | unenforceable.-- |
| 174 | (1) As a matter of public policy, contracts entered into |
| 175 | on or after October 1, 1990, by an unlicensed contractor shall |
| 176 | be unenforceable in law or in equity by the unlicensed |
| 177 | contractor. |
| 178 | (a) For purposes of this section, an individual is |
| 179 | unlicensed if the individual does not have a license required by |
| 180 | this part concerning the scope of the work to be performed under |
| 181 | the contract. A business organization is unlicensed if the |
| 182 | business organization does not have a primary or secondary |
| 183 | qualifying agent in accordance with this part concerning the |
| 184 | scope of the work to be performed under the contract. For |
| 185 | purposes of this section, if no state or local license is |
| 186 | required for the scope of work to be performed under the |
| 187 | contract, the individual performing that work shall not be |
| 188 | considered unlicensed. |
| 189 | Section 9. Sections 1 and 8 are intended to be remedial in |
| 190 | nature and to clarify existing law. Sections 1 and 8 shall apply |
| 191 | retroactively to all actions, including any action on a lien or |
| 192 | bond claim, initiated on or after, or pending as of, July 1, |
| 193 | 2006. If the retroactivity of any provision of section 1 or |
| 194 | section 8 or its retroactive application to any person or |
| 195 | circumstance is held invalid, the invalidity does not affect the |
| 196 | retroactivity or retroactive application of other provisions of |
| 197 | sections 1 and 8. |
| 198 |
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| 199 | ======= T I T L E A M E N D M E N T ======= |
| 200 | Remove line(s) 6-16 and insert: |
| 201 |
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| 202 | An act relating to contracting; amending ss. 489.128 and |
| 203 | 489.532, F.S.; providing that individuals performing certain |
| 204 | construction contracting or electrical and alarm system |
| 205 | contracting work are not considered unlicensed for purposes of |
| 206 | contract enforceability; providing for retroactive application; |
| 207 | amending s. 489.503, F.S.; exempting nationally recognized |
| 208 | testing laboratories and persons who install or repair lightning |
| 209 | rods from certain alarm system contracting provisions; amending |
| 210 | s. 489.505, F.S.; revising definitions; defining the term |
| 211 | "nationally recognized testing laboratory"; amending s. 489.513, |
| 212 | F.S.; providing eligibility requirements for registering with |
| 213 | the Department of Business and Professional Regulation as an |
| 214 | electrical contractor or alarm system contractor; amending s. |
| 215 | 489.516, F.S.; exempting certain electrical and alarm system |
| 216 | contractors from ordinances or codes of local governments or |
| 217 | special districts requiring various types of recognition by |
| 218 | certain national entities; authorizing local governments or |
| 219 | special districts to require such contractors to provide certain |
| 220 | documentation at the final inspection of an alarm system; |
| 221 | reserving the authority of local governments and special |
| 222 | districts to require compliance with the Florida Fire Prevention |
| 223 | Code and NFPA No. 72; amending s. 489.529, F.S.; requiring a |
| 224 | central monitoring station to employ call-verification methods |
| 225 | under certain circumstances; amending s. 489.530, F.S.; |
| 226 | exempting a fire alarm system from the requirement that it have |
| 227 | a device that automatically terminates its audible signal after |
| 228 | a certain period; |