Senate Bill sb0744e1

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  1                      A bill to be entitled

  2         An act relating to contracting; amending s.

  3         489.516, F.S.; exempting certain electrical and

  4         alarm system contractors from ordinances or

  5         codes of local governments or special districts

  6         requiring various types of recognition by

  7         certain national entities; authorizing local

  8         governments or special districts to require

  9         such contractors to provide certain

10         documentation at the final inspection of an

11         alarm system; reserving the authority of local

12         governments and special districts to require

13         compliance with the Florida Fire Prevention

14         Code and NFPA No. 72; amending ss. 489.128 and

15         489.532, F.S.; providing that individuals

16         performing certain construction contracting or

17         electrical and alarm system contracting work

18         are not considered unlicensed for purposes of

19         contract enforceability; providing for

20         retroactive application; amending s. 489.503,

21         F.S.; exempting nationally recognized testing

22         laboratories and persons who install or repair

23         lightning rods from certain alarm system

24         contracting provisions; amending s. 489.505,

25         F.S.; revising definitions; defining the term

26         "nationally recognized testing laboratory";

27         amending s. 489.513, F.S.; providing

28         eligibility requirements for registering with

29         the Department of Business and Professional

30         Regulation as an electrical contractor or alarm

31         system contractor; amending s. 489.529, F.S.;


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    CS for SB 744                                  First Engrossed



 1         requiring a central monitoring station to

 2         employ call-verification methods under certain

 3         circumstances; amending s. 489.530, F.S.;

 4         exempting a fire alarm system from the

 5         requirement that it have a device that

 6         automatically terminates its audible signal

 7         after a certain period; providing an effective

 8         date.

 9  

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

11  

12         Section 1.  Subsection (5) is added to section 489.516,

13  Florida Statutes, to read:

14         489.516  Qualifications to practice; restrictions;

15  prerequisites.--

16         (5)  Notwithstanding any other provision to the

17  contrary, a certified electrical contractor, registered alarm

18  system contractor I, registered alarm system contractor II, or

19  alarm system contractor I or alarm system contractor II that

20  is a certified alarm system contractor is exempt from any

21  local law, local ordinance, or local code that requires a

22  contractor to be listed or placarded by a nationally

23  recognized testing laboratory or to be certified by any

24  regionally or nationally recognized certification

25  organization. However, a county, municipality, or special

26  district may require any such electrical contractor or alarm

27  system contractor to provide, at the final inspection of a

28  fire alarm system, the documentation required by NFPA No. 72,

29  "National Fire Alarm Code," for installation and monitoring.

30  This subsection does not prohibit a county, municipality, or

31  


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    CS for SB 744                                  First Engrossed



 1  special district from requiring compliance with the Florida

 2  Fire Prevention Code or with NFPA No. 72.

 3         Section 2.  Paragraphs (a) and (b) of subsection (1) of

 4  section 489.128, Florida Statutes, are amended to read:

 5         489.128  Contracts entered into by unlicensed

 6  contractors unenforceable.--

 7         (1)  As a matter of public policy, contracts entered

 8  into on or after October 1, 1990, by an unlicensed contractor

 9  shall be unenforceable in law or in equity by the unlicensed

10  contractor.

11         (a)  For purposes of this section, an individual is

12  unlicensed if the individual does not have a license required

13  by this part concerning the scope of the work to be performed

14  under the contract. A business organization is unlicensed if

15  the business organization does not have a primary or secondary

16  qualifying agent in accordance with this part concerning the

17  scope of the work to be performed under the contract. For

18  purposes of this section, if no state or local license is

19  required for the scope of work to be performed under the

20  contract, the individual performing that work shall not be

21  considered unlicensed.

22         (b)  For purposes of this section, an individual or

23  business organization may shall not be considered unlicensed

24  for failing to have an occupational license certificate issued

25  under the authority of chapter 205. A business organization

26  may shall not be considered unlicensed for failing to have a

27  certificate of authority as required by ss. 489.119 and

28  489.127.  For purposes of this section, a business

29  organization entering into the contract may not be considered

30  unlicensed if, before the date established by paragraph (c),

31  an individual possessing a license required by this part


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 1  concerning the scope of the work to be performed under the

 2  contract has submitted an application for a certificate of

 3  authority designating that individual as a qualifying agent

 4  for the business organization entering into the contract, and

 5  the application was not acted upon by the department or

 6  applicable board within the time limitations imposed by s.

 7  120.60.

 8         Section 3.  Subsections (21) and (22) are added to

 9  section 489.503, Florida Statutes, to read:

10         489.503  Exemptions.--This part does not apply to:

11         (21)  Alarm system inspections, audits, or quality

12  assurance services performed by a nationally recognized

13  testing laboratory that the Occupational Safety and Health

14  Administration has recognized as meeting the requirements of

15  29 C.F.R. s. 1910.7.

16         (22)  Any person who installs or repairs lightning rods

17  or related systems.

18         Section 4.  Subsections (2), (7), (25), (27), and (28)

19  of section 489.505, Florida Statutes, are amended, and

20  subsection (29) is added to that section, to read:

21         489.505  Definitions.--As used in this part:

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

23  business includes the execution of contracts requiring the

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

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

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

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

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

29  corporation that engages in the business of alarm contracting

30  under an expressed or implied contract; that undertakes,

31  offers to undertake, purports to have the capacity to


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

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

 3  in the business of alarm contracting.

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

 5  contractor whose business includes all types of alarm systems

 6  for all purposes.

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

 8  contractor whose business includes all types of alarm systems

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

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

11  system contractor who possesses a certificate of competency

12  issued by the department. The scope of certification is

13  limited to alarm circuits originating in the alarm control

14  panel and equipment governed by the applicable provisions of

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

16  Electrical Code, Current Edition, and National Fire Protection

17  Association Standard 72, Current Edition. The scope of

18  certification for alarm system contractors also includes the

19  installation, repair, fabrication, erection, alteration,

20  addition, or design of electrical wiring, fixtures,

21  appliances, thermostats, apparatus, raceways, and conduit, or

22  any part thereof not to exceed 98 volts (RMS) 77 volts, when

23  those items are for the purpose of transmitting data or

24  proprietary video (satellite systems that are not part of a

25  community antenna television or radio distribution system) or

26  providing central vacuum capability or electric locks;

27  however, this provision governing the scope of certification

28  does not create any mandatory licensure requirement.

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

30         (a)  Who is employed by a licensed alarm system

31  contractor or licensed electrical contractor;


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

 2  an activity which constitutes alarm system contracting

 3  requiring licensure under this part; and

 4         (c)  Whose specific duties include any of the

 5  following:  altering, installing, maintaining, moving,

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

 7  an intrusion or burglar alarm system for compensation.

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

 9  electronic signals, originating from any structure building

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

11  those signals are relayed through a jurisdiction outside the

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

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

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

15  protective system and are intended by design to initiate a

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

17  of monitoring if:

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

19  working within, protected premises;

20         (b)  The person initiates emergency action in response

21  to hearing or observing an alarm signal;

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

23  primary responsibilities; and

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

25  monitoring facility, as defined by the National Fire

26  Protection Association pursuant to rule adopted under chapter

27  633.

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

29         (a)  Who is employed by a licensed fire alarm

30  contractor or certified unlimited electrical contractor;

31  


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    CS for SB 744                                  First Engrossed



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

 2  an activity that constitutes fire alarm system contracting

 3  requiring certification under this part; and

 4         (c)  Whose specific duties include any of the

 5  following:  altering, installing, maintaining, moving,

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

 7  a fire alarm system for compensation.

 8         (29)  "Nationally recognized testing laboratory" means

 9  an organization that the Occupational Safety and Health

10  Administration has legally recognized to be in compliance with

11  29 C.F.R. s. 1910.7 and that provides quality assurance,

12  product testing, or certification services.

13         Section 5.  Subsection (1) of section 489.513, Florida

14  Statutes, is amended to read:

15         489.513  Registration; application; requirements.--

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

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

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

19  registered contractor shall apply to the department for

20  registration and must:.

21         (a)  Be at least 18 years old;

22         (b)  Be of good moral character; and

23         (c)  Meet eligibility requirements according to the

24  following criteria:

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

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

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

28  law.

29         2.  The board may determine that an individual applying

30  for registration is ineligible due to failure to satisfy the

31  requirement of good moral character only if:


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 1         a.  There is a substantial connection between the lack

 2  of good moral character of the individual and the professional

 3  responsibilities of a registered contractor; and

 4         b.  The finding by the board of lack of good moral

 5  character is supported by clear and convincing evidence.

 6         3.  When an individual is found to be unqualified

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

 8  furnish such individual a statement containing the findings of

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

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

11  individual to a rehearing and an appeal.

12         Section 6.  Section 489.529, Florida Statutes, is

13  amended to read:

14         489.529  Alarm verification calls required.--All

15  residential or commercial intrusion/burglary alarms that have

16  central monitoring must have a central monitoring verification

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

18  to alarm monitor personnel contacting a law enforcement agency

19  for alarm dispatch. The central monitoring station must employ

20  call-verification methods for the premises generating the

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

22  the intrusion/burglary alarms have properly operating visual

23  or auditory sensors that enable the monitoring personnel to

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

25         Section 7.  Section 489.530, Florida Statutes, is

26  amended to read:

27         489.530  Audible alarms.--Every audible alarm system

28  installed by a licensed contractor shall have a device to

29  automatically terminate the audible signal within 15 minutes

30  of activation. A fire alarm system, whether installed

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


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

 2  code.

 3         Section 8.  Paragraph (a) of subsection (1) of section

 4  489.532, Florida Statutes, is amended to read:

 5         489.532  Contracts entered into by unlicensed

 6  contractors unenforceable.--

 7         (1)  As a matter of public policy, contracts entered

 8  into on or after October 1, 1990, by an unlicensed contractor

 9  shall be unenforceable in law or in equity by the unlicensed

10  contractor.

11         (a)  For purposes of this section, an individual is

12  unlicensed if the individual does not have a license required

13  by this part concerning the scope of the work to be performed

14  under the contract. A business organization is unlicensed if

15  the business organization does not have a primary or secondary

16  qualifying agent in accordance with this part concerning the

17  scope of the work to be performed under the contract. For

18  purposes of this section, if no state or local license is

19  required for the scope of work to be performed under the

20  contract, the individual performing that work shall not be

21  considered unlicensed.

22         Section 9.  Sections 2 and 8 are intended to be

23  remedial in nature and to clarify existing law. Sections 2 and

24  8 shall apply retroactively to all actions, including any

25  action on a lien or bond claim, initiated on or after, or

26  pending as of, July 1, 2006. If the retroactivity of any

27  provision of section 2 or section 8 or its retroactive

28  application to any person or circumstance is held invalid, the

29  invalidity does not affect the retroactivity or retroactive

30  application of other provisions of sections 2 and 8.

31         Section 10.  This act shall take effect July 1, 2006.


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