| 1 | Representative(s) Reagan offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (5) is added to section 489.516, |
| 6 | Florida Statutes, to read: |
| 7 | 489.516 Qualifications to practice; restrictions; |
| 8 | prerequisites.-- |
| 9 | (5) Notwithstanding any other provision to the contrary, a |
| 10 | certified electrical contractor, registered alarm system |
| 11 | contractor I, registered alarm system contractor II, or alarm |
| 12 | system contractor I or alarm system contractor II that is a |
| 13 | certified alarm system contractor is exempt from any local law, |
| 14 | local ordinance, or local code that requires a contractor to be |
| 15 | listed or placarded by a nationally recognized testing |
| 16 | laboratory or to be certified by any regionally or nationally |
| 17 | recognized certification organization. However, a county, |
| 18 | municipality, or special district may require any such |
| 19 | electrical contractor or alarm system contractor to provide, at |
| 20 | the final inspection of a fire alarm system, the documentation |
| 21 | required by NFPA No. 72, "National Fire Alarm Code," for |
| 22 | installation and monitoring. This subsection does not prohibit a |
| 23 | county, municipality, or special district from requiring |
| 24 | compliance with the Florida Fire Prevention Code or with NFPA |
| 25 | No. 72. |
| 26 | Section 2. Paragraphs (a) and (b) of subsection (1) of |
| 27 | section 489.128, Florida Statutes, are amended to read: |
| 28 | 489.128 Contracts entered into by unlicensed contractors |
| 29 | unenforceable.-- |
| 30 | (1) As a matter of public policy, contracts entered into |
| 31 | on or after October 1, 1990, by an unlicensed contractor shall |
| 32 | be unenforceable in law or in equity by the unlicensed |
| 33 | contractor. |
| 34 | (a) For purposes of this section, an individual is |
| 35 | unlicensed if the individual does not have a license required by |
| 36 | this part concerning the scope of the work to be performed under |
| 37 | the contract. A business organization is unlicensed if the |
| 38 | business organization does not have a primary or secondary |
| 39 | qualifying agent in accordance with this part concerning the |
| 40 | scope of the work to be performed under the contract. For |
| 41 | purposes of this section, if no state or local license is |
| 42 | required for the scope of work to be performed under the |
| 43 | contract, the individual performing that work shall not be |
| 44 | considered unlicensed. |
| 45 | (b) For purposes of this section, an individual or |
| 46 | business organization may shall not be considered unlicensed for |
| 47 | failing to have an occupational license certificate issued under |
| 48 | the authority of chapter 205. A business organization may shall |
| 49 | not be considered unlicensed for failing to have a certificate |
| 50 | of authority as required by ss. 489.119 and 489.127. For |
| 51 | purposes of this section, a business organization entering into |
| 52 | the contract may not be considered unlicensed if, before the |
| 53 | date established by paragraph (c), an individual possessing a |
| 54 | license required by this part concerning the scope of the work |
| 55 | to be performed under the contract has submitted an application |
| 56 | for a certificate of authority designating that individual as a |
| 57 | qualifying agent for the business organization entering into the |
| 58 | contract, and the application was not acted upon by the |
| 59 | department or applicable board within the time limitations |
| 60 | imposed by s. 120.60. |
| 61 | Section 3. Subsections (21) and (22) are added to section |
| 62 | 489.503, Florida Statutes, to read: |
| 63 | 489.503 Exemptions.--This part does not apply to: |
| 64 | (21) Alarm system inspections, audits, or quality |
| 65 | assurance services performed by a nationally recognized testing |
| 66 | laboratory that the Occupational Safety and Health |
| 67 | Administration has recognized as meeting the requirements of 29 |
| 68 | C.F.R. s. 1910.7. |
| 69 | (22) Any person who installs or repairs lightning rods or |
| 70 | related systems. |
| 71 | Section 4. Subsections (2), (7), (25), (27), and (28) of |
| 72 | section 489.505, Florida Statutes, are amended, and subsection |
| 73 | (29) is added to that section, to read: |
| 74 | 489.505 Definitions.--As used in this part: |
| 75 | (2) "Alarm system contractor" means a person whose |
| 76 | business includes the execution of contracts requiring the |
| 77 | ability, experience, science, knowledge, and skill to lay out, |
| 78 | fabricate, install, maintain, alter, repair, monitor, inspect, |
| 79 | replace, or service alarm systems for compensation, including, |
| 80 | but not limited to, all types of alarm systems for all purposes. |
| 81 | This term also means any person, firm, or corporation that |
| 82 | engages in the business of alarm contracting under an expressed |
| 83 | or implied contract; that undertakes, offers to undertake, |
| 84 | purports to have the capacity to undertake, or submits a bid to |
| 85 | engage in the business of alarm contracting; or that by itself |
| 86 | or by or through others engages in the business of alarm |
| 87 | contracting. |
| 88 | (a) "Alarm system contractor I" means an alarm system |
| 89 | contractor whose business includes all types of alarm systems |
| 90 | for all purposes. |
| 91 | (b) "Alarm system contractor II" means an alarm system |
| 92 | contractor whose business includes all types of alarm systems |
| 93 | other than fire, for all purposes, except as herein provided. |
| 94 | (7) "Certified alarm system contractor" means an alarm |
| 95 | system contractor who possesses a certificate of competency |
| 96 | issued by the department. The scope of certification is limited |
| 97 | to alarm circuits originating in the alarm control panel and |
| 98 | equipment governed by the applicable provisions of Articles 725, |
| 99 | 760, 770, 800, and 810 of the National Electrical Code, Current |
| 100 | Edition, and National Fire Protection Association Standard 72, |
| 101 | Current Edition. The scope of certification for alarm system |
| 102 | contractors also includes the installation, repair, fabrication, |
| 103 | erection, alteration, addition, or design of electrical wiring, |
| 104 | fixtures, appliances, thermostats, apparatus, raceways, and |
| 105 | conduit, or any part thereof not to exceed 98 volts (RMS) 77 |
| 106 | volts, when those items are for the purpose of transmitting data |
| 107 | or proprietary video (satellite systems that are not part of a |
| 108 | community antenna television or radio distribution system) or |
| 109 | providing central vacuum capability or electric locks; however, |
| 110 | this provision governing the scope of certification does not |
| 111 | create any mandatory licensure requirement. |
| 112 | (25) "Burglar alarm system agent" means a person: |
| 113 | (a) Who is employed by a licensed alarm system contractor |
| 114 | or licensed electrical contractor; |
| 115 | (b) Who is performing duties which are an element of an |
| 116 | activity which constitutes alarm system contracting requiring |
| 117 | licensure under this part; and |
| 118 | (c) Whose specific duties include any of the following: |
| 119 | altering, installing, maintaining, moving, repairing, replacing, |
| 120 | servicing, selling onsite, or monitoring an intrusion or burglar |
| 121 | alarm system for compensation. |
| 122 | (27) "Monitoring" means to receive electrical or |
| 123 | electronic signals, originating from any structure building |
| 124 | within the state or outside the state, regardless of whether |
| 125 | those signals are relayed through a jurisdiction outside the |
| 126 | state, where such signals are, produced by any security, |
| 127 | medical, fire, or burglar alarm, closed circuit television |
| 128 | camera, access-control system, or related or similar protective |
| 129 | system and are intended by design to initiate a response |
| 130 | thereto. A person shall not have committed the act of |
| 131 | monitoring if: |
| 132 | (a) The person is an occupant of, or an employee working |
| 133 | within, protected premises; |
| 134 | (b) The person initiates emergency action in response to |
| 135 | hearing or observing an alarm signal; |
| 136 | (c) The person's action is incidental to his or her |
| 137 | primary responsibilities; and |
| 138 | (d) The person is not employed in a proprietary monitoring |
| 139 | facility, as defined by the National Fire Protection Association |
| 140 | pursuant to rule adopted under chapter 633. |
| 141 | (28) "Fire alarm system agent" means a person: |
| 142 | (a) Who is employed by a licensed fire alarm contractor or |
| 143 | certified unlimited electrical contractor; |
| 144 | (b) Who is performing duties which are an element of an |
| 145 | activity that constitutes fire alarm system contracting |
| 146 | requiring certification under this part; and |
| 147 | (c) Whose specific duties include any of the following: |
| 148 | altering, installing, maintaining, moving, repairing, replacing, |
| 149 | servicing, selling onsite, or monitoring a fire alarm system for |
| 150 | compensation. |
| 151 | (29) "Nationally recognized testing laboratory" means an |
| 152 | organization that the Occupational Safety and Health |
| 153 | Administration has legally recognized to be in compliance with |
| 154 | 29 C.F.R. s. 1910.7 and that provides quality assurance, product |
| 155 | testing, or certification services. |
| 156 | Section 5. Subsection (1) of section 489.513, Florida |
| 157 | Statutes, is amended to read: |
| 158 | 489.513 Registration; application; requirements.-- |
| 159 | (1) Any person engaged in the business of contracting in |
| 160 | the state shall be registered in the proper classification, |
| 161 | unless he or she is certified. Any person desiring to be a |
| 162 | registered contractor shall apply to the department for |
| 163 | registration and must:. |
| 164 | (a) Be at least 18 years old; |
| 165 | (b) Be of good moral character; and |
| 166 | (c) Meet eligibility requirements according to the |
| 167 | following criteria: |
| 168 | 1. As used in this subsection, the term "good moral |
| 169 | character" means a personal history of honesty, fairness, and |
| 170 | respect for the rights of others and for state and federal law. |
| 171 | 2. The board may determine that an individual applying for |
| 172 | registration is ineligible due to failure to satisfy the |
| 173 | requirement of good moral character only if: |
| 174 | a. There is a substantial connection between the lack of |
| 175 | good moral character of the individual and the professional |
| 176 | responsibilities of a registered contractor; and |
| 177 | b. The finding by the board of lack of good moral |
| 178 | character is supported by clear and convincing evidence. |
| 179 | 3. When an individual is found to be unqualified because |
| 180 | of lack of good moral character, the board must furnish such |
| 181 | individual a statement containing the findings of the board, a |
| 182 | complete record of evidence upon which the determination was |
| 183 | based, and a notice of the rights of the individual to a |
| 184 | rehearing and an appeal. |
| 185 | Section 6. Section 489.529, Florida Statutes, is amended |
| 186 | to read: |
| 187 | 489.529 Alarm verification calls required.--All |
| 188 | residential or commercial intrusion/burglary alarms that have |
| 189 | central monitoring must have a central monitoring verification |
| 190 | call made to the premises generating the alarm signal, prior to |
| 191 | alarm monitor personnel contacting a law enforcement agency for |
| 192 | alarm dispatch. The central monitoring station must employ call- |
| 193 | verification methods for the premises generating the alarm |
| 194 | signal if the first call is not answered. However, if the |
| 195 | intrusion/burglary alarms have properly operating visual or |
| 196 | auditory sensors that enable the monitoring personnel to verify |
| 197 | the alarm signal, verification calling is not required. |
| 198 | Section 7. Section 489.530, Florida Statutes, is amended |
| 199 | to read: |
| 200 | 489.530 Audible alarms.--Every audible alarm system |
| 201 | installed by a licensed contractor shall have a device to |
| 202 | automatically terminate the audible signal within 15 minutes of |
| 203 | activation. A fire alarm system, whether installed voluntarily |
| 204 | or as a requirement of an adopted code, which employs an audible |
| 205 | fire signal is exempt as required by such code. |
| 206 | Section 8. Paragraph (a) of subsection (1) of section |
| 207 | 489.532, Florida Statutes, is amended to read: |
| 208 | 489.532 Contracts entered into by unlicensed contractors |
| 209 | unenforceable.-- |
| 210 | (1) As a matter of public policy, contracts entered into |
| 211 | on or after October 1, 1990, by an unlicensed contractor shall |
| 212 | be unenforceable in law or in equity by the unlicensed |
| 213 | contractor. |
| 214 | (a) For purposes of this section, an individual is |
| 215 | unlicensed if the individual does not have a license required by |
| 216 | this part concerning the scope of the work to be performed under |
| 217 | the contract. A business organization is unlicensed if the |
| 218 | business organization does not have a primary or secondary |
| 219 | qualifying agent in accordance with this part concerning the |
| 220 | scope of the work to be performed under the contract. For |
| 221 | purposes of this section, if no state or local license is |
| 222 | required for the scope of work to be performed under the |
| 223 | contract, the individual performing that work shall not be |
| 224 | considered unlicensed. |
| 225 | Section 9. Sections 2 and 8 are intended to be remedial in |
| 226 | nature and to clarify existing law. Sections 2 and 8 shall apply |
| 227 | retroactively to all actions, including any action on a lien or |
| 228 | bond claim, initiated on or after, or pending as of, July 1, |
| 229 | 2006. If the retroactivity of any provision of section 2 or |
| 230 | section 8 or its retroactive application to any person or |
| 231 | circumstance is held invalid, the invalidity does not affect the |
| 232 | retroactivity or retroactive application of other provisions of |
| 233 | sections 2 and 8. |
| 234 | Section 10. This act shall take effect July 1, 2006. |
| 235 |
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| 236 |
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| 237 | ======= T I T L E A M E N D M E N T ========== |
| 238 | Remove the entire title and insert: |
| 239 | A bill to be entitled |
| 240 | An act relating to contracting; amending s. 489.516, F.S.; |
| 241 | exempting certain electrical and alarm system contractors |
| 242 | from ordinances or codes of local governments or special |
| 243 | districts requiring various types of recognition by |
| 244 | certain national entities; authorizing local governments |
| 245 | or special districts to require such contractors to |
| 246 | provide certain documentation at the final inspection of |
| 247 | an alarm system; reserving the authority of local |
| 248 | governments and special districts to require compliance |
| 249 | with the Florida Fire Prevention Code and NFPA No. 72; |
| 250 | amending ss. 489.128 and 489.532, F.S.; providing that |
| 251 | individuals performing certain construction contracting or |
| 252 | electrical and alarm system contracting work are not |
| 253 | considered unlicensed for purposes of contract |
| 254 | enforceability; providing for retroactive application; |
| 255 | amending s. 489.503, F.S.; exempting nationally recognized |
| 256 | testing laboratories and persons who install or repair |
| 257 | lightning rods from certain alarm system contracting |
| 258 | provisions; amending s. 489.505, F.S.; revising |
| 259 | definitions; defining the term "nationally recognized |
| 260 | testing laboratory"; amending s. 489.513, F.S.; providing |
| 261 | eligibility requirements for registering with the |
| 262 | Department of Business and Professional Regulation as an |
| 263 | electrical contractor or alarm system contractor; amending |
| 264 | s. 489.529, F.S.; requiring a central monitoring station |
| 265 | to employ call-verification methods under certain |
| 266 | circumstances; amending s. 489.530, F.S.; exempting a fire |
| 267 | alarm system from the requirement that it have a device |
| 268 | that automatically terminates its audible signal after a |
| 269 | certain period; providing an effective date. |