Florida Senate - 2013 CS for SB 1442
By the Committee on Regulated Industries; and Senator Lee
580-04037-13 20131442c1
1 A bill to be entitled
2 An act relating to alarm systems; amending s. 489.503,
3 F.S.; revising an exemption from licensure related to
4 low-voltage electrical work performed by certain
5 persons and entities; exempting from licensure certain
6 employees and sales representatives of alarm system
7 contractors; providing for construction; creating s.
8 553.793, F.S.; providing definitions; providing
9 applicability; requiring a local enforcement agency to
10 offer for sale uniform basic permit labels to
11 contractors; specifying a maximum price and providing
12 exceptions; prohibiting a local enforcement agency
13 from applying a certain condition to the purchase of a
14 label; providing that permits expire after a specific
15 time period; requiring contractors to post an unused
16 label in a specified place before commencing work on a
17 low-voltage alarm system project; requiring
18 contractors to submit a Uniform Notice of a Low
19 Voltage Alarm System Project within a specified
20 period; providing that failure to submit such notice
21 may result in disciplinary action; prescribing a form
22 for a Uniform Notice of a Low-Voltage Alarm System
23 Project; authorizing a local enforcement agency to
24 inspect; prohibiting municipalities, counties,
25 districts, or other entities of local government from
26 adopting or maintaining an ordinance or rule
27 inconsistent with this section; providing that a label
28 is not required for the subsequent maintenance,
29 inspection, or service of a permitted alarm system;
30 providing an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Subsection (14) of section 489.503, Florida
35 Statutes, is amended, and subsection (23) is added to that
36 section, to read:
37 489.503 Exemptions.—This part does not apply to:
38 (14)(a) The sale of, installation of, repair of, alteration
39 of, addition to, or design of electrical wiring, fixtures,
40 appliances, thermostats, apparatus, raceways, computers,
41 customer premises equipment, customer premises wiring, and
42 conduit, or any part thereof, by an employee, contractor,
43 subcontractor, or affiliate of a company operating under a
44 certificate issued under chapter 364 or chapter 610, or under a
45 local franchise or right-of-way agreement, if when those items
46 are for the purpose of transmitting data, voice, video, or other
47 communications, or commands as part of a cable television,
48 community antenna television, or radio distribution,
49 communications, or telecommunications system. The scope of this
50 exemption is limited to electrical circuits and equipment
51 governed by the applicable provisions of Articles 725 (Classes 2
52 and 3 circuits only), 770, 800, 810, and 820 of the National
53 Electrical Code, current edition, or 47 C.F.R. part 68.
54 (b) The installation of, repair of, alteration of, addition
55 to, or design of electrical wiring, fixtures, appliances,
56 thermostats, apparatus, raceways, and conduit, or any part
57 thereof, when those items are for the purpose of transmitting
58 data, voice communications, or commands as part of a system of
59 telecommunications, including computers, telephone customer
60 premises equipment, or premises wiring. The scope of this
61 exemption is limited to electrical circuits and equipment
62 governed by the applicable provisions of Articles 725 (Classes 2
63 and 3 circuits only), 770, 800, 810, and 820 of the National
64 Electrical Code, current edition, or 47 C.F.R. part 68. An
65 employee, subcontractor, contractor, or affiliate of a company
66 that operates under a certificate issued certified under chapter
67 364 or chapter 610, or under a local franchise or right-of-way
68 agreement is not subject to any local ordinance that requires a
69 permit for work performed by its employees related to low
70 voltage low voltage electrical work, including related technical
71 codes, and regulations, and licensure. The scope of this
72 exemption is limited to electrical circuits and equipment
73 governed by the applicable provisions of Articles 725 (Classes 2
74 and 3 circuits only), 770, 800, 810, and 820 of the National
75 Electrical Code, current edition, or 47 C.F.R. part 68. The
76 exemption in this paragraph shall apply only if such work is
77 requested by the company’s customer, is required in order to
78 complete phone service, is incidental to provision of
79 telecommunication service as required by chapter 364, and is not
80 the subject of a competitive bid. The definition of “employee”
81 established in subsection (1) applies to this exemption and does
82 not include subcontractors.
83 (23) An employee or sales representative of an alarm system
84 contractor, if the employee or sales representative:
85 (a) Does not alter, install, maintain, move, or repair
86 alarm systems on end-user premises; and
87 (b) Is not granted access to passwords or codes that can be
88 used to arm or disarm the system installed at specific end-user
89 premises or, if working at an out-of-state location, the
90 employee or sales representative with access to such passwords
91 or codes has received a satisfactory fingerprint and background
92 check from a state or federal agency.
93
94 This subsection may not be construed to limit the exemptions
95 provided under subsection (6) or relieve a person of his or her
96 obligation to comply with the applicable background check
97 provisions of ss. 489.518 and 489.5185 for any onsite alarm
98 sales.
99 Section 2. Section 553.793, Florida Statutes, is created to
100 read:
101 553.793 Streamlined low-voltage alarm system installation
102 permitting.—
103 (1) As used in this section, the term:
104 (a) “Contractor” means a person who is qualified to engage
105 in the business of electrical or alarm system contracting
106 pursuant to a certificate or registration issued by the
107 department under part II of chapter 489.
108 (b) “Low-voltage alarm system project” means a project
109 related to the installation, maintenance, inspection,
110 replacement, or service of a new or existing alarm system, as
111 defined in s. 489.505, operating at low voltage, as defined in
112 the National Electrical Code Standard 70, Current Edition, and
113 ancillary components or equipment attached to such a system,
114 including, but not limited to, home-automation equipment,
115 thermostats, and video cameras.
116 (2) Notwithstanding any provision of law, this section
117 applies to low-voltage alarm system projects for which a permit
118 is required by a local enforcement agency.
119 (3) This section does not apply to the installation or
120 replacement of a fire alarm if a plan review is required.
121 (4) A local enforcement agency shall make uniform basic
122 permit labels available for purchase by a contractor to be used
123 for the installation or replacement of a new or existing alarm
124 system at a cost of not more than $55 per label per project. A
125 local enforcement agency that charges more than $55 for such
126 permit before January 1, 2013, may continue to charge the same
127 amount for a uniform basic permit label until January 1, 2015,
128 if the fee does not exceed $175. A local enforcement agency
129 charging more than $175 for such a permit before January 1,
130 2013, may charge a maximum of $175 for a uniform basic permit
131 label until January 1, 2015.
132 (a) A local enforcement agency may not require a
133 contractor, as a condition of purchasing a label, to submit
134 information other than identification information of the
135 licensee and proof of registration or certification as a
136 contractor.
137 (b) A label is valid for 1 year after the date of purchase
138 and may only be used within the jurisdiction of the local
139 enforcement agency that issued the label. A contractor may
140 purchase labels in bulk for one or more unspecified current or
141 future projects.
142 (5) A contractor shall post an unused uniform basic permit
143 label in a conspicuous place on the premises of the low-voltage
144 alarm system project site before commencing work on the project.
145 (6) A contractor is not required to notify the local
146 enforcement agency before commencing work on a low-voltage alarm
147 system project. However, a contractor must submit a Uniform
148 Notice of a Low-Voltage Alarm System Project, as provided under
149 subsection (7), to the local enforcement agency within 14 days
150 after completing the project. A local enforcement agency may
151 take disciplinary action against a contractor who fails to
152 timely submit a Uniform Notice of a Low-Voltage Alarm System
153 Project.
154 (7) The Uniform Notice of a Low-Voltage Alarm System
155 Project may be submitted electronically or by facsimile if all
156 submissions are signed by the owner, tenant, contractor, or
157 authorized representative of such persons. The Uniform Notice of
158 a Low-Voltage Alarm System Project must contain the following
159 information:
160
161 UNIFORM NOTICE OF A LOW-VOLTAGE ALARM SYSTEM PROJECT
162 Owner’s or Customer’s Name................
163 Owner’s or Customer’s Address................
164 Fee Simple Titleholder’s Name (If different from above).........
165 Fee Simple Titleholder’s Address (If different from above)......
166 City....................
167 State............ Zip............
168 Phone Number................
169 E-mail Address................
170 Contractor’s Name....................
171 Contractor’s Address................................
172 City....................
173 State............ Zip............
174 Phone Number................
175 Contractor’s License Number....................
176 Date Project Completed........................
177 Scope of Work................................................
178
179 Notice is hereby given that a low-voltage alarm system project
180 has been completed at the address specified above. I certify
181 that all of the foregoing information is true and accurate.
182 ...(Signature of Owner, Tenant, Contractor, or Authorized
183 Representative)...
184 (8) A low-voltage alarm system project may be inspected by
185 the local enforcement agency to ensure compliance with
186 applicable codes and standards. If a low-voltage alarm system
187 project fails an inspection, the contractor must take corrective
188 action as necessary to pass inspection.
189 (9) A municipality, county, district, or other entity of
190 local government may not adopt or maintain in effect an
191 ordinance or rule regarding a low-voltage alarm system project
192 that is inconsistent with this section.
193 (10) A uniform basic permit label may not be required for
194 the subsequent maintenance, inspection, or service of an alarm
195 system that was permitted in accordance with this section.
196 (11) The provisions of this act are not intended to impose
197 new or additional licensure requirements on a person licensed in
198 accordance with the applicable provisions of Chapter 489.
199 Section 3. This act shall take effect October 1, 2013.