HB 489

1	A bill to be entitled
2	An act relating to electrical and alarm system
3	contracting; amending s. 489.505, F.S.; revising
4	definitions; amending s. 489.513, F.S.; providing
5	additional requirements for registration as a contractor;
6	amending s. 489.529, F.S.; requiring central monitoring
7	stations to employ enhanced call verification methods
8	under certain circumstances; amending s. 489.530, F.S.;
9	exempting fire alarm systems from certain audible alarm
10	requirements; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Subsections (2), (7), (25), (27), and (28) of
15	section 489.505, Florida Statutes, are amended to read:
16	489.505  Definitions.--As used in this part:
17	(2)  "Alarm system contractor" means a person whose
18	business includes the execution of contracts requiring the
19	ability, experience, science, knowledge, and skill to lay out,
20	fabricate, install, maintain, alter, repair, monitor, inspect,
21	replace, or service alarm systems for compensation, including,
22	but not limited to, all types of alarm systems for all purposes.
23	The term also means any person, firm, or corporation that
24	engages in the business of alarm system contracting under an
25	expressed or implied contract; that undertakes, offers to
26	undertake, purports to have the capacity to undertake, or
27	submits a bid to engage in the business of alarm system
28	contracting; or that does, itself or by or through others,
29	engage in the business of alarm system contracting.
30	(a)  "Alarm system contractor I" means an alarm system
31	contractor whose business includes all types of alarm systems
32	for all purposes.
33	(b)  "Alarm system contractor II" means an alarm system
34	contractor whose business includes all types of alarm systems
35	other than fire, for all purposes, except as herein provided.
36	(7)  "Certified alarm system contractor" means an alarm
37	system contractor who possesses a certificate of competency
38	issued by the department. The scope of certification is limited
39	to alarm circuits originating in the alarm control panel and
40	equipment governed by the applicable provisions of Articles 725,
41	760, 770, 800, and 810 of the National Electrical Code, Current
42	Edition, and National Fire Protection Association Standard 72,
43	Current Edition. The scope of certification for alarm system
44	contractors also includes the installation, repair, fabrication,
45	erection, alteration, addition, inspection, monitoring, or
46	design of electrical wiring, fixtures, appliances, thermostats,
47	apparatus, raceways, and conduit, or any part thereof not to
48	exceed 98 volts (RMS) 77 volts, when those items are for the
49	purpose of transmitting data or proprietary video (satellite
50	systems that are not part of a community antenna television or
51	radio distribution system) or providing central vacuum
52	capability or electric locks; however, this provision governing
53	the scope of certification does not create any mandatory
54	licensure requirement.
55	(25)  "Burglar alarm system agent" means a person:
56	(a)  Who is employed by a licensed alarm system contractor
57	or licensed electrical contractor;
58	(b)  Who is performing duties which are an element of an
59	activity which constitutes alarm system contracting requiring
60	licensure under this part; and
61	(c)  Whose specific duties include any of the following:
62	altering, installing, maintaining, moving, repairing, replacing,
63	servicing, inspecting, selling onsite, or monitoring an
64	intrusion or burglar alarm system for compensation.
65	(27)  "Monitoring" means to receive electrical or
66	electronic signals, originating from any structure building
67	within or outside of the state, regardless of whether those
68	signals are relayed through a jurisdiction outside of the state,
69	where such signals are produced by any security, medical, fire,
70	or burglar alarm, closed circuit television camera, access
71	control system, or related or similar protective system and are
72	intended by design to initiate a response thereto. A person
73	shall not have committed the act of monitoring if:
74	(a)  The person is an occupant of, or an employee working
75	within, protected premises;
76	(b)  The person initiates emergency action in response to
77	hearing or observing an alarm signal;
78	(c)  The person's action is incidental to his or her
79	primary responsibilities; and
80	(d)  The person is not employed in a proprietary monitoring
81	facility, as defined by the National Fire Protection Association
82	pursuant to rule adopted under chapter 633.
83	(28)  "Fire alarm system agent" means a person:
84	(a)  Who is employed by a licensed fire alarm contractor or
85	certified unlimited electrical contractor;
86	(b)  Who is performing duties which are an element of an
87	activity that constitutes fire alarm system contracting
88	requiring certification under this part; and
89	(c)  Whose specific duties include any of the following:
90	altering, installing, maintaining, moving, repairing, replacing,
91	servicing, selling onsite, or monitoring a fire alarm system for
92	compensation.
93	Section 2.  Subsection (1) of section 489.513, Florida
94	Statutes, is amended to read:
95	489.513  Registration; application; requirements.--
96	(1)  Any person engaged in the business of contracting in
97	the state shall be registered in the proper classification,
98	unless he or she is certified. Any person desiring to be a
99	registered contractor shall apply to the department for
100	registration, and:
101	(a)  Be at least 18 years old.
102	(b)  Be of good moral character.
103	1.  "Good moral character" means a personal history of
104	honesty, fairness, and respect for the rights of others and for
105	the laws of this state and nation.
106	2.  The board may determine that a person applying for
107	registration is ineligible for failure to satisfy the
108	requirement of good moral character only if:
109	a.  There is a substantial connection between the lack of
110	good moral character of the individual and the professional
111	responsibilities of a registered contractor.
112	b.  The finding by the board of lack of good moral
113	character is supported by clear and convincing evidence.
114	3.  When a person is found to be unqualified because of a
115	lack of good moral character, the board shall furnish the person
116	a statement containing the findings of the board, a complete
117	record of evidence upon which the determination was based, and a
118	notice of the rights of the person to a rehearing and appeal.
119	Section 3.  Section 489.529, Florida Statutes, is amended
120	to read:
121	489.529  Alarm verification calls required.--All
122	residential or commercial intrusion/burglary alarms that have
123	central monitoring must have a central monitoring verification
124	call made to the premises generating the alarm signal, prior to
125	alarm monitor personnel contacting a law enforcement agency for
126	alarm dispatch. The central monitoring station must employ
127	enhanced call verification methods for the premises generating
128	the alarm signal if the first call is not answered. However, if
129	the intrusion/burglary alarms have properly operating visual or
130	auditory sensors that enable the monitoring personnel to verify
131	the alarm signal, verification calling is not required.
132	Section 4.  Section 489.530, Florida Statutes, is amended
133	to read:
134	489.530  Audible alarms.--Every audible alarm system
135	installed by a licensed contractor shall have a device to
136	automatically terminate the audible signal within 15 minutes of
137	activation. Fire alarms systems, whether installed voluntarily
138	or as a requirement of an adopted code employing audible fire
139	signals, shall be exempted as required by such code.
140	Section 5.  This act shall take effect July 1, 2006.

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