Senate Bill sb0744

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    Florida Senate - 2006                                   SB 744

    By Senator Wise





    5-575-06

  1                      A bill to be entitled

  2         An act relating to electrical and alarm system

  3         contracting; amending s. 489.505, F.S.;

  4         revising definitions; amending s. 489.513,

  5         F.S.; providing eligibility requirements for

  6         registering with the Department of Business and

  7         Professional Regulation as an electrical

  8         contractor or alarm system contractor; amending

  9         s. 489.529, F.S.; requiring a central

10         monitoring station to employ call-verification

11         methods under certain circumstances; amending

12         s. 489.530, F.S.; exempting a fire alarm system

13         from the requirement that it have a device that

14         automatically terminates its audible signal

15         after a certain period; providing an effective

16         date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Subsections (2), (7), (25), (27), and (28)

21  of section 489.505, Florida Statutes, are amended to read:

22         489.505  Definitions.--As used in this part:

23         (2)  "Alarm system contractor" means a person whose

24  business includes the execution of contracts requiring the

25  ability, experience, science, knowledge, and skill to lay out,

26  fabricate, install, maintain, alter, repair, monitor, inspect,

27  replace, or service alarm systems for compensation, including,

28  but not limited to, all types of alarm systems for all

29  purposes. This term also means any person, firm, or

30  corporation that engages in the business of alarm contracting

31  under an expressed or implied contract; that undertakes,

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    Florida Senate - 2006                                   SB 744
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 1  offers to undertake, purports to have the capacity to

 2  undertake, or submits a bid to engage in the business of alarm

 3  contracting; or that by itself or by or through others engages

 4  in the business of alarm contracting.

 5         (a)  "Alarm system contractor I" means an alarm system

 6  contractor whose business includes all types of alarm systems

 7  for all purposes.

 8         (b)  "Alarm system contractor II" means an alarm system

 9  contractor whose business includes all types of alarm systems

10  other than fire, for all purposes, except as herein provided.

11         (7)  "Certified alarm system contractor" means an alarm

12  system contractor who possesses a certificate of competency

13  issued by the department. The scope of certification is

14  limited to alarm circuits originating in the alarm control

15  panel and equipment governed by the applicable provisions of

16  Articles 725, 760, 770, 800, and 810 of the National

17  Electrical Code, Current Edition, and National Fire Protection

18  Association Standard 72, Current Edition. The scope of

19  certification for alarm system contractors also includes the

20  installation, repair, fabrication, erection, alteration,

21  addition, inspection, monitoring, or design of electrical

22  wiring, fixtures, appliances, thermostats, apparatus,

23  raceways, and conduit, or any part thereof not to exceed 98

24  volts (RMS) 77 volts, when those items are for the purpose of

25  transmitting data or proprietary video (satellite systems that

26  are not part of a community antenna television or radio

27  distribution system) or providing central vacuum capability or

28  electric locks; however, this provision governing the scope of

29  certification does not create any mandatory licensure

30  requirement.

31         (25)  "Burglar alarm system agent" means a person:

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    Florida Senate - 2006                                   SB 744
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 1         (a)  Who is employed by a licensed alarm system

 2  contractor or licensed electrical contractor;

 3         (b)  Who is performing duties which are an element of

 4  an activity which constitutes alarm system contracting

 5  requiring licensure under this part; and

 6         (c)  Whose specific duties include any of the

 7  following:  altering, installing, maintaining, moving,

 8  repairing, replacing, servicing, inspecting, selling onsite,

 9  or monitoring an intrusion or burglar alarm system for

10  compensation.

11         (27)  "Monitoring" means to receive electrical or

12  electronic signals, originating from any structure building

13  within the state or outside the state, regardless of whether

14  those signals are relayed through a jurisdiction outside the

15  state, where such signals are, produced by any security,

16  medical, fire, or burglar alarm, closed circuit television

17  camera, access-control system, or related or similar

18  protective system and are intended by design to initiate a

19  response thereto.  A person shall not have committed the act

20  of monitoring if:

21         (a)  The person is an occupant of, or an employee

22  working within, protected premises;

23         (b)  The person initiates emergency action in response

24  to hearing or observing an alarm signal;

25         (c)  The person's action is incidental to his or her

26  primary responsibilities; and

27         (d)  The person is not employed in a proprietary

28  monitoring facility, as defined by the National Fire

29  Protection Association pursuant to rule adopted under chapter

30  633.

31         (28)  "Fire alarm system agent" means a person:

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    Florida Senate - 2006                                   SB 744
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 1         (a)  Who is employed by a licensed fire alarm

 2  contractor or certified unlimited electrical contractor;

 3         (b)  Who is performing duties which are an element of

 4  an activity that constitutes fire alarm system contracting

 5  requiring certification under this part; and

 6         (c)  Whose specific duties include any of the

 7  following:  altering, installing, maintaining, moving,

 8  repairing, replacing, servicing, selling onsite, or monitoring

 9  a fire alarm system for compensation.

10         Section 2.  Subsection (1) of section 489.513, Florida

11  Statutes, is amended to read:

12         489.513  Registration; application; requirements.--

13         (1)  Any person engaged in the business of contracting

14  in the state shall be registered in the proper classification,

15  unless he or she is certified. Any person desiring to be a

16  registered contractor shall apply to the department for

17  registration and must:.

18         (a)  Be at least 18 years old;

19         (b)  Be of good moral character; and

20         (c)  Meet eligibility requirements according to the

21  following criteria:

22         1.  As used in this subsection, the term "good moral

23  character" means a personal history of honesty, fairness, and

24  respect for the rights of others and for state and federal

25  law.

26         2.  The board may determine that an individual applying

27  for registration is ineligible due to failure to satisfy the

28  requirement of good moral character only if:

29         a.  There is a substantial connection between the lack

30  of good moral character of the individual and the professional

31  responsibilities of a registered contractor; and

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    Florida Senate - 2006                                   SB 744
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 1         b.  The finding by the board of lack of good moral

 2  character is supported by clear and convincing evidence.

 3         3.  When an individual is found to be unqualified

 4  because of lack of good moral character, the board must

 5  furnish such individual a statement containing the findings of

 6  the board, a complete record of evidence upon which the

 7  determination was based, and a notice of the rights of the

 8  individual to a rehearing and an appeal.

 9         Section 3.  Section 489.529, Florida Statutes, is

10  amended to read:

11         489.529  Alarm verification calls required.--All

12  residential or commercial intrusion/burglary alarms that have

13  central monitoring must have a central monitoring verification

14  call made to the premises generating the alarm signal, prior

15  to alarm monitor personnel contacting a law enforcement agency

16  for alarm dispatch. The central monitoring station must employ

17  call-verification methods for the premises generating the

18  alarm signal if the first call is not answered. However, if

19  the intrusion/burglary alarms have properly operating visual

20  or auditory sensors that enable the monitoring personnel to

21  verify the alarm signal, verification calling is not required.

22         Section 4.  Section 489.530, Florida Statutes, is

23  amended to read:

24         489.530  Audible alarms.--Every audible alarm system

25  installed by a licensed contractor shall have a device to

26  automatically terminate the audible signal within 15 minutes

27  of activation. A fire alarm system, whether installed

28  voluntarily or as a requirement of an adopted code, which

29  employs an audible fire signal is exempt as required by such

30  code.

31         Section 5.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                                   SB 744
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 2                          SENATE SUMMARY

 3    Provides eligibility requirements for registering with
      the Department of Business and Professional Regulation as
 4    an electrical contractor or alarm system contractor.
      Requires a central monitoring station to employ
 5    call-verification methods under certain circumstances.
      Exempts a fire alarm system from the requirement that it
 6    have a device that automatically terminates its audible
      alarm signal after a certain amount of time.
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