| 1 | The Business Regulation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to electrical and alarm system |
| 7 | contracting; amending s. 489.503, F.S.; exempting |
| 8 | individuals or entities that install or repair lightning |
| 9 | rods and related systems from regulation under pt. II of |
| 10 | ch. 489, F.S.; amending s. 489.505, F.S.; revising |
| 11 | definitions; amending s. 489.513, F.S.; providing |
| 12 | additional requirements for registration as a contractor; |
| 13 | amending s. 489.529, F.S.; requiring central monitoring |
| 14 | stations to employ enhanced call verification methods |
| 15 | under certain circumstances; amending s. 489.530, F.S.; |
| 16 | exempting fire alarm systems from certain audible alarm |
| 17 | requirements; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Subsection (21) is added to section 489.503, |
| 22 | Florida Statutes, to read: |
| 23 | 489.503 Exemptions.--This part does not apply to: |
| 24 | (21) Individuals or entities that install or repair |
| 25 | lightning rods and related systems. |
| 26 | Section 2. Subsections (2), (7), (25), (27), and (28) of |
| 27 | section 489.505, Florida Statutes, are amended to read: |
| 28 | 489.505 Definitions.--As used in this part: |
| 29 | (2) "Alarm system contractor" means a person whose |
| 30 | business includes the execution of contracts requiring the |
| 31 | ability, experience, science, knowledge, and skill to lay out, |
| 32 | fabricate, install, maintain, alter, repair, monitor, inspect, |
| 33 | replace, or service alarm systems for compensation, including, |
| 34 | but not limited to, all types of alarm systems for all purposes. |
| 35 | The term also means any person, firm, or corporation that |
| 36 | engages in the business of alarm system contracting under an |
| 37 | expressed or implied contract; that undertakes, offers to |
| 38 | undertake, purports to have the capacity to undertake, or |
| 39 | submits a bid to engage in the business of alarm system |
| 40 | contracting; or that does, itself or by or through others, |
| 41 | engage in the business of alarm system contracting. |
| 42 | (a) "Alarm system contractor I" means an alarm system |
| 43 | contractor whose business includes all types of alarm systems |
| 44 | for all purposes. |
| 45 | (b) "Alarm system contractor II" means an alarm system |
| 46 | contractor whose business includes all types of alarm systems |
| 47 | other than fire, for all purposes, except as herein provided. |
| 48 | (7) "Certified alarm system contractor" means an alarm |
| 49 | system contractor who possesses a certificate of competency |
| 50 | issued by the department. The scope of certification is limited |
| 51 | to alarm circuits originating in the alarm control panel and |
| 52 | equipment governed by the applicable provisions of Articles 725, |
| 53 | 760, 770, 800, and 810 of the National Electrical Code, Current |
| 54 | Edition, and National Fire Protection Association Standard 72, |
| 55 | Current Edition. The scope of certification for alarm system |
| 56 | contractors also includes the installation, repair, fabrication, |
| 57 | erection, alteration, addition, inspection, monitoring, or |
| 58 | design of electrical wiring, fixtures, appliances, thermostats, |
| 59 | apparatus, raceways, and conduit, or any part thereof not to |
| 60 | exceed 98 volts (RMS) 77 volts, when those items are for the |
| 61 | purpose of transmitting data or proprietary video (satellite |
| 62 | systems that are not part of a community antenna television or |
| 63 | radio distribution system) or providing central vacuum |
| 64 | capability or electric locks; however, this provision governing |
| 65 | the scope of certification does not create any mandatory |
| 66 | licensure requirement. |
| 67 | (25) "Burglar alarm system agent" means a person: |
| 68 | (a) Who is employed by a licensed alarm system contractor |
| 69 | or licensed electrical contractor; |
| 70 | (b) Who is performing duties which are an element of an |
| 71 | activity which constitutes alarm system contracting requiring |
| 72 | licensure under this part; and |
| 73 | (c) Whose specific duties include any of the following: |
| 74 | altering, installing, maintaining, moving, repairing, replacing, |
| 75 | servicing, inspecting, selling onsite, or monitoring an |
| 76 | intrusion or burglar alarm system for compensation. |
| 77 | (27) "Monitoring" means to receive electrical or |
| 78 | electronic signals, originating from any structure building |
| 79 | within or outside of the state, regardless of whether those |
| 80 | signals are relayed through a jurisdiction outside of the state, |
| 81 | where such signals are produced by any security, medical, fire, |
| 82 | or burglar alarm, closed circuit television camera, access |
| 83 | control system, or related or similar protective system and are |
| 84 | intended by design to initiate a response thereto. A person |
| 85 | shall not have committed the act of monitoring if: |
| 86 | (a) The person is an occupant of, or an employee working |
| 87 | within, protected premises; |
| 88 | (b) The person initiates emergency action in response to |
| 89 | hearing or observing an alarm signal; |
| 90 | (c) The person's action is incidental to his or her |
| 91 | primary responsibilities; and |
| 92 | (d) The person is not employed in a proprietary monitoring |
| 93 | facility, as defined by the National Fire Protection Association |
| 94 | pursuant to rule adopted under chapter 633. |
| 95 | (28) "Fire alarm system agent" means a person: |
| 96 | (a) Who is employed by a licensed fire alarm contractor or |
| 97 | certified unlimited electrical contractor; |
| 98 | (b) Who is performing duties which are an element of an |
| 99 | activity that constitutes fire alarm system contracting |
| 100 | requiring certification under this part; and |
| 101 | (c) Whose specific duties include any of the following: |
| 102 | altering, installing, maintaining, moving, repairing, replacing, |
| 103 | servicing, selling onsite, or monitoring a fire alarm system for |
| 104 | compensation. |
| 105 | Section 3. Subsection (1) of section 489.513, Florida |
| 106 | Statutes, is amended to read: |
| 107 | 489.513 Registration; application; requirements.-- |
| 108 | (1) Any person engaged in the business of contracting in |
| 109 | the state shall be registered in the proper classification, |
| 110 | unless he or she is certified. Any person desiring to be a |
| 111 | registered contractor shall apply to the department for |
| 112 | registration, and: |
| 113 | (a) Be at least 18 years old. |
| 114 | (b) Be of good moral character. |
| 115 | 1. "Good moral character" means a personal history of |
| 116 | honesty, fairness, and respect for the rights of others and for |
| 117 | the laws of this state and nation. |
| 118 | 2. The board may determine that a person applying for |
| 119 | registration is ineligible for failure to satisfy the |
| 120 | requirement of good moral character only if: |
| 121 | a. There is a substantial connection between the lack of |
| 122 | good moral character of the individual and the professional |
| 123 | responsibilities of a registered contractor. |
| 124 | b. The finding by the board of lack of good moral |
| 125 | character is supported by clear and convincing evidence. |
| 126 | 3. When a person is found to be unqualified because of a |
| 127 | lack of good moral character, the board shall furnish the person |
| 128 | a statement containing the findings of the board, a complete |
| 129 | record of evidence upon which the determination was based, and a |
| 130 | notice of the rights of the person to a rehearing and appeal. |
| 131 | Section 4. Section 489.529, Florida Statutes, is amended |
| 132 | to read: |
| 133 | 489.529 Alarm verification calls required.--All |
| 134 | residential or commercial intrusion/burglary alarms that have |
| 135 | central monitoring must have a central monitoring verification |
| 136 | call made to the premises generating the alarm signal, prior to |
| 137 | alarm monitor personnel contacting a law enforcement agency for |
| 138 | alarm dispatch. The central monitoring station must employ |
| 139 | enhanced call verification methods for the premises generating |
| 140 | the alarm signal if the first call is not answered. However, if |
| 141 | the intrusion/burglary alarms have properly operating visual or |
| 142 | auditory sensors that enable the monitoring personnel to verify |
| 143 | the alarm signal, verification calling is not required. |
| 144 | Section 5. Section 489.530, Florida Statutes, is amended |
| 145 | to read: |
| 146 | 489.530 Audible alarms.--Every audible alarm system |
| 147 | installed by a licensed contractor shall have a device to |
| 148 | automatically terminate the audible signal within 15 minutes of |
| 149 | activation. Fire alarms systems, whether installed voluntarily |
| 150 | or as a requirement of an adopted code employing audible fire |
| 151 | signals, shall be exempted as required by such code. |
| 152 | Section 6. This act shall take effect July 1, 2006. |