HB 1351

1
A bill to be entitled
2An act relating to contracting; amending s. 489.516, F.S.;
3exempting certain electrical and alarm system contractors
4from ordinances or codes of local governments or special
5districts requiring various types of recognition by
6certain national entities; authorizing local governments
7or special districts to require such contractors to
8provide certain documentation at the final inspection of
9an alarm system; reserving the authority of local
10governments and special districts to require compliance
11with the Florida Fire Prevention Code and NFPA No. 72;
12amending ss. 489.128 and 489.532, F.S.; providing that
13individuals performing certain construction contracting or
14electrical and alarm system contracting work are not
15considered unlicensed for purposes of contract
16enforceability; providing for retroactive application;
17amending s. 489.503, F.S.; exempting nationally recognized
18testing laboratories and persons who install or repair
19lightning rods from certain alarm system contracting
20provisions; amending s. 489.505, F.S.; revising
21definitions; defining the term "nationally recognized
22testing laboratory"; amending s. 489.513, F.S.; providing
23eligibility requirements for registering with the
24Department of Business and Professional Regulation as an
25electrical contractor or alarm system contractor; amending
26s. 489.529, F.S.; requiring a central monitoring station
27to employ call-verification methods under certain
28circumstances; amending s. 489.530, F.S.; exempting a fire
29alarm system from the requirement that it have a device
30that automatically terminates its audible signal after a
31certain period; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Subsection (5) is added to section 489.516,
36Florida Statutes, to read:
37     489.516  Qualifications to practice; restrictions;
38prerequisites.--
39     (5)  Notwithstanding any other provision to the contrary, a
40certified electrical contractor, registered alarm system
41contractor I, registered alarm system contractor II, or alarm
42system contractor I or alarm system contractor II that is a
43certified alarm system contractor is exempt from any local law,
44local ordinance, or local code that requires a contractor to be
45listed or placarded by a nationally recognized testing
46laboratory or to be certified by any regionally or nationally
47recognized certification organization. However, a county,
48municipality, or special district may require any such
49electrical contractor or alarm system contractor to provide, at
50the final inspection of a fire alarm system, the documentation
51required by NFPA No. 72, "National Fire Alarm Code," for
52installation and monitoring. This subsection does not prohibit a
53county, municipality, or special district from requiring
54compliance with the Florida Fire Prevention Code or with NFPA
55No. 72.
56     Section 2.  Paragraphs (a) and (b) of subsection (1) of
57section 489.128, Florida Statutes, are amended to read:
58     489.128  Contracts entered into by unlicensed contractors
59unenforceable.--
60     (1)  As a matter of public policy, contracts entered into
61on or after October 1, 1990, by an unlicensed contractor shall
62be unenforceable in law or in equity by the unlicensed
63contractor.
64     (a)  For purposes of this section, an individual is
65unlicensed if the individual does not have a license required by
66this part concerning the scope of the work to be performed under
67the contract. A business organization is unlicensed if the
68business organization does not have a primary or secondary
69qualifying agent in accordance with this part concerning the
70scope of the work to be performed under the contract. For
71purposes of this section, if no state or local license is
72required for the scope of work to be performed under the
73contract, the individual performing that work shall not be
74considered unlicensed.
75     (b)  For purposes of this section, an individual or
76business organization may shall not be considered unlicensed for
77failing to have an occupational license certificate issued under
78the authority of chapter 205. A business organization may shall
79not be considered unlicensed for failing to have a certificate
80of authority as required by ss. 489.119 and 489.127.  For
81purposes of this section, a business organization entering into
82the contract may not be considered unlicensed if, before the
83date established by paragraph (c), an individual possessing a
84license required by this part concerning the scope of the work
85to be performed under the contract has submitted an application
86for a certificate of authority designating that individual as a
87qualifying agent for the business organization entering into the
88contract, and the application was not acted upon by the
89department or applicable board within the time limitations
90imposed by s. 120.60.
91     Section 3.  Subsections (21) and (22) are added to section
92489.503, Florida Statutes, to read:
93     489.503  Exemptions.--This part does not apply to:
94     (21)  Alarm system inspections, audits, or quality
95assurance services performed by a nationally recognized testing
96laboratory that the Occupational Safety and Health
97Administration has recognized as meeting the requirements of 29
98C.F.R. s. 1910.7.
99     (22)  Any person who installs or repairs lightning rods or
100related systems.
101     Section 4.  Subsections (2), (7), (25), (27), and (28) of
102section 489.505, Florida Statutes, are amended, and subsection
103(29) is added to that section, to read:
104     489.505  Definitions.--As used in this part:
105     (2)  "Alarm system contractor" means a person whose
106business includes the execution of contracts requiring the
107ability, experience, science, knowledge, and skill to lay out,
108fabricate, install, maintain, alter, repair, monitor, inspect,
109replace, or service alarm systems for compensation, including,
110but not limited to, all types of alarm systems for all purposes.
111This term also means any person, firm, or corporation that
112engages in the business of alarm contracting under an expressed
113or implied contract; that undertakes, offers to undertake,
114purports to have the capacity to undertake, or submits a bid to
115engage in the business of alarm contracting; or that by itself
116or by or through others engages in the business of alarm
117contracting.
118     (a)  "Alarm system contractor I" means an alarm system
119contractor whose business includes all types of alarm systems
120for all purposes.
121     (b)  "Alarm system contractor II" means an alarm system
122contractor whose business includes all types of alarm systems
123other than fire, for all purposes, except as herein provided.
124     (7)  "Certified alarm system contractor" means an alarm
125system contractor who possesses a certificate of competency
126issued by the department. The scope of certification is limited
127to alarm circuits originating in the alarm control panel and
128equipment governed by the applicable provisions of Articles 725,
129760, 770, 800, and 810 of the National Electrical Code, Current
130Edition, and National Fire Protection Association Standard 72,
131Current Edition. The scope of certification for alarm system
132contractors also includes the installation, repair, fabrication,
133erection, alteration, addition, or design of electrical wiring,
134fixtures, appliances, thermostats, apparatus, raceways, and
135conduit, or any part thereof not to exceed 98 volts (RMS) 77
136volts, when those items are for the purpose of transmitting data
137or proprietary video (satellite systems that are not part of a
138community antenna television or radio distribution system) or
139providing central vacuum capability or electric locks; however,
140this provision governing the scope of certification does not
141create any mandatory licensure requirement.
142     (25)  "Burglar alarm system agent" means a person:
143     (a)  Who is employed by a licensed alarm system contractor
144or licensed electrical contractor;
145     (b)  Who is performing duties which are an element of an
146activity which constitutes alarm system contracting requiring
147licensure under this part; and
148     (c)  Whose specific duties include any of the following:  
149altering, installing, maintaining, moving, repairing, replacing,
150servicing, selling onsite, or monitoring an intrusion or burglar
151alarm system for compensation.
152     (27)  "Monitoring" means to receive electrical or
153electronic signals, originating from any structure building
154within the state or outside the state, regardless of whether
155those signals are relayed through a jurisdiction outside the
156state, where such signals are, produced by any security,
157medical, fire, or burglar alarm, closed circuit television
158camera, access-control system, or related or similar protective
159system and are intended by design to initiate a response
160thereto.  A person shall not have committed the act of
161monitoring if:
162     (a)  The person is an occupant of, or an employee working
163within, protected premises;
164     (b)  The person initiates emergency action in response to
165hearing or observing an alarm signal;
166     (c)  The person's action is incidental to his or her
167primary responsibilities; and
168     (d)  The person is not employed in a proprietary monitoring
169facility, as defined by the National Fire Protection Association
170pursuant to rule adopted under chapter 633.
171     (28)  "Fire alarm system agent" means a person:
172     (a)  Who is employed by a licensed fire alarm contractor or
173certified unlimited electrical contractor;
174     (b)  Who is performing duties which are an element of an
175activity that constitutes fire alarm system contracting
176requiring certification under this part; and
177     (c)  Whose specific duties include any of the following:  
178altering, installing, maintaining, moving, repairing, replacing,
179servicing, selling onsite, or monitoring a fire alarm system for
180compensation.
181     (29)  "Nationally recognized testing laboratory" means an
182organization that the Occupational Safety and Health
183Administration has legally recognized to be in compliance with
18429 C.F.R. s. 1910.7 and that provides quality assurance, product
185testing, or certification services.
186     Section 5.  Subsection (1) of section 489.513, Florida
187Statutes, is amended to read:
188     489.513  Registration; application; requirements.--
189     (1)  Any person engaged in the business of contracting in
190the state shall be registered in the proper classification,
191unless he or she is certified. Any person desiring to be a
192registered contractor shall apply to the department for
193registration and must:.
194     (a)  Be at least 18 years old;
195     (b)  Be of good moral character; and
196     (c)  Meet eligibility requirements according to the
197following criteria:
198     1.  As used in this subsection, the term "good moral
199character" means a personal history of honesty, fairness, and
200respect for the rights of others and for state and federal law.
201     2.  The board may determine that an individual applying for
202registration is ineligible due to failure to satisfy the
203requirement of good moral character only if:
204     a.  There is a substantial connection between the lack of
205good moral character of the individual and the professional
206responsibilities of a registered contractor; and
207     b.  The finding by the board of lack of good moral
208character is supported by clear and convincing evidence.
209     3.  When an individual is found to be unqualified because
210of lack of good moral character, the board must furnish such
211individual a statement containing the findings of the board, a
212complete record of evidence upon which the determination was
213based, and a notice of the rights of the individual to a
214rehearing and an appeal.
215     Section 6.  Section 489.529, Florida Statutes, is amended
216to read:
217     489.529  Alarm verification calls required.--All
218residential or commercial intrusion/burglary alarms that have
219central monitoring must have a central monitoring verification
220call made to the premises generating the alarm signal, prior to
221alarm monitor personnel contacting a law enforcement agency for
222alarm dispatch. The central monitoring station must employ call-
223verification methods for the premises generating the alarm
224signal if the first call is not answered. However, if the
225intrusion/burglary alarms have properly operating visual or
226auditory sensors that enable the monitoring personnel to verify
227the alarm signal, verification calling is not required.
228     Section 7.  Section 489.530, Florida Statutes, is amended
229to read:
230     489.530  Audible alarms.--Every audible alarm system
231installed by a licensed contractor shall have a device to
232automatically terminate the audible signal within 15 minutes of
233activation. A fire alarm system, whether installed voluntarily
234or as a requirement of an adopted code, which employs an audible
235fire signal is exempt as required by such code.
236     Section 8.  Paragraph (a) of subsection (1) of section
237489.532, Florida Statutes, is amended to read:
238     489.532  Contracts entered into by unlicensed contractors
239unenforceable.--
240     (1)  As a matter of public policy, contracts entered into
241on or after October 1, 1990, by an unlicensed contractor shall
242be unenforceable in law or in equity by the unlicensed
243contractor.
244     (a)  For purposes of this section, an individual is
245unlicensed if the individual does not have a license required by
246this part concerning the scope of the work to be performed under
247the contract. A business organization is unlicensed if the
248business organization does not have a primary or secondary
249qualifying agent in accordance with this part concerning the
250scope of the work to be performed under the contract. For
251purposes of this section, if no state or local license is
252required for the scope of work to be performed under the
253contract, the individual performing that work shall not be
254considered unlicensed.
255     Section 9.  Sections 2 and 8 are intended to be remedial in
256nature and to clarify existing law. Sections 2 and 8 shall apply
257retroactively to all actions, including any action on a lien or
258bond claim, initiated on or after, or pending as of, July 1,
2592006. If the retroactivity of any provision of section 2 or
260section 8 or its retroactive application to any person or
261circumstance is held invalid, the invalidity does not affect the
262retroactivity or retroactive application of other provisions of
263sections 2 and 8.
264     Section 10.  This act shall take effect July 1, 2006.


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