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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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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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;
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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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