CODING: Words stricken are deletions; words underlined are additions.House Bill 1307e1
                                          HB 1307, First Engrossed
  1                      A bill to be entitled
  2         An act relating to alarm system contracting;
  3         amending s. 489.505, F.S.; modifying a
  4         definition; amending s. 489.518, F.S.;
  5         providing exceptions to training and background
  6         check requirements; amending s. 489.529, F.S.;
  7         providing an exception to an alarm verification
  8         requirement; creating s. 489.5315, F.S.;
  9         clarifying occupational licensure requirements;
10         providing an effective date.
11
12  Be It Enacted by the Legislature of the State of Florida:
13
14         Section 1.  Subsection (26) of section 489.505, Florida
15  Statutes, 1996 Supplement, is amended to read:
16         489.505  Definitions.--As used in this part:
17         (26)  "Burglar alarm system agent" means a person:
18         (a)  Who is employed by a licensed alarm system
19  contractor or licensed electrical contractor;
20         (b)  Who is performing duties which are an element of
21  an activity which constitutes alarm system contracting
22  requiring licensure under this part; and
23         (c)  Whose specific duties include any of the
24  following:  altering, installing, maintaining, moving,
25  repairing, replacing, servicing, selling onsite, or monitoring
26  an intrusion or burglar alarm system for compensation.
27         Section 2.  Section 489.518, Florida Statutes, 1996
28  Supplement, is amended to read:
29         489.518  Alarm system agents.--
30
31
                                  1
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1307, First Engrossed
  1         (1)  A licensed electrical or alarm system contractor
  2  may shall not employ a person to perform the duties of a
  3  burglar an alarm system agent unless the person:
  4         (a)  Is at least 18 years of age or has evidence of a
  5  court-approved declaration of emancipation.
  6         (b)  Has successfully completed a minimum of 12 hours
  7  of training, to include basic alarm system electronics in
  8  addition to related training including CCTV and access control
  9  training.  Such training shall be from a board-approved
10  provider, and the employee or applicant for employment shall
11  provide proof of successful completion to the licensed
12  employer.  Persons performing only monitoring or sales are not
13  required to complete the training otherwise required for alarm
14  system agents pursuant to this part.  The board shall by rule
15  establish criteria for the approval of training courses and
16  providers and may by rule establish criteria for accepting
17  alternative nonclassroom education on an hour-for-hour basis.
18  The board shall approve providers that conduct training in
19  other than the English language.  The board shall establish a
20  fee for the approval of training providers or courses, not to
21  exceed $60. Qualified employers may conduct training classes
22  for their employees, with board approval. Any applicant for
23  employment as an alarm system agent, or any individual
24  employed as an alarm system agent on the effective date of
25  this act, who has been previously trained by any program
26  which, upon application, meets the standards set forth in rule
27  for training providers shall not be required to undergo
28  additional training in order to comply with this paragraph if
29  the training has taken place within the previous 1 year.
30         (c)  Has not been convicted within the last 3 years of
31  a crime that directly relates to the business for which
                                  2
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1307, First Engrossed
  1  employment is being sought. Although the employee is barred
  2  from operating as an alarm system agent for 3 years subsequent
  3  to his conviction, the employer shall be supplied the
  4  information regarding any convictions occurring prior to that
  5  time, and the employer may at his discretion consider an
  6  earlier conviction to be a bar to employment as an alarm
  7  system agent. To ensure that this requirement has been met, a
  8  licensed electrical or alarm contractor must obtain from the
  9  Florida Department of Law Enforcement a completed fingerprint
10  and criminal background check for each applicant for
11  employment as a burglar an alarm system agent or for each
12  individual currently employed on the effective date of this
13  act as a burglar an alarm system agent.
14         (d)  Has not been committed for controlled substance
15  abuse or been found guilty of a crime under chapter 893 or a
16  similar law relating to controlled substances in any other
17  state within the 3-year period immediately preceding the date
18  of application for employment, or the effective date of this
19  act for an individual employed as a burglar an alarm system
20  agent on that date, unless he or she establishes that he or
21  she is not currently abusing any controlled substance and has
22  successfully completed a rehabilitation course.
23         (2)(a)  Persons who perform only monitoring or sales
24  are not required to complete the training required for burglar
25  alarm system agents.
26         (b)  Persons who perform only monitoring at an
27  out-of-state location are not required to comply with
28  background check requirements.
29         (c)  Persons who perform proprietary burglar alarm
30  system agent duties for only a single employer, and who do not
31
                                  3
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1307, First Engrossed
  1  offer alarm system contracting services to the public, are not
  2  required to comply with background check requirements.
  3         (d)  Any applicant for employment as a burglar alarm
  4  system agent, or any individual employed as a burglar alarm
  5  system agent on July 1, 1997, who has completed training
  6  between July 1, 1995, and July 1, 1997, in a program that,
  7  upon application, meets the standards for training providers
  8  need not take additional training in order to comply with this
  9  section.
10         (e) A state-certified electrical contractor, a
11  state-certified alarm system contractor, a state-registered
12  alarm system contractor, a journeyman electrician licensed by
13  any local jurisdiction, or an alarm technician licensed by a
14  local jurisdiction that requires an examination and experience
15  or training as licensure qualifications, is not required to
16  complete the training required for burglar alarm system
17  agents. A state-registered electrical contractor is not
18  required to complete the training required for burglar alarm
19  system agents, so long as he or she is only doing electrical
20  work up to the alarm panel.
21         (f) A nonsupervising employee working as a helper or
22  apprentice under the direct, on-site, continuous supervision
23  of a state-certified electrical contractor, a state-registered
24  electrical contractor, a state-certified alarm system
25  contractor, a state-registered alarm system contractor, a
26  journeyman electrician licensed by any local jurisdiction, an
27  alarm technician licensed by a local jurisdiction that
28  requires an examination and experience or training as
29  licensure qualifications, or a qualified alarm system agent is
30  not required to complete the training otherwise required and
31  is not required to be 18 years of age or older.
                                  4
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1307, First Engrossed
  1         (3)(2)  An applicant for employment as an alarm system
  2  agent, or an individual employed as a burglar an alarm system
  3  agent on the effective date of this act, may commence or
  4  continue employment pending the completion of the required
  5  training and the results of the background check required by
  6  this section for a period not to exceed 60 days after the date
  7  of application for employment, or 60 days after the effective
  8  date of this act for individuals currently employed as burglar
  9  alarm system agents.  However, the person must work under the
10  direction and control of a sponsoring licensed electrical or
11  burglar alarm system contractor pending the completion of the
12  training and the criminal background check.  If an applicant
13  or an individual employed on the effective date of this act
14  does not complete the training or receive a satisfactory
15  criminal background check within the 60-day period, the
16  employment must be terminated immediately.
17         (4)(3)(a)  A licensed electrical or alarm system
18  contractor shall furnish each of its burglar alarm system
19  agents with an identification card.  The card shall include a
20  picture of the agent, and shall specify at least the name of
21  the holder of the card and the name and license number of the
22  contractor, and shall be signed by the contractor and by the
23  holder of the card.  The identification card shall be in the
24  possession of each burglar alarm system agent while engaged in
25  burglar alarm system agent duties.
26         (b)  Each person to whom an identification card has
27  been issued shall be responsible for the safekeeping thereof
28  and shall not loan, or allow any other person to use or
29  display, the identification card.
30
31
                                  5
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1307, First Engrossed
  1         (5)(4)  Failure to comply with any of the provisions of
  2  this section shall be a disciplinable offense against the
  3  contractor pursuant to s. 489.533.
  4         Section 3.  Section 489.529, Florida Statutes, 1996
  5  Supplement, is amended to read:
  6         489.529  Alarm verification calls required.--All
  7  residential or commercial intrusion/burglary alarms that have
  8  central monitoring must have a central monitoring verification
  9  call made to the premises generating the alarm signal, prior
10  to alarm monitor personnel contacting a law enforcement agency
11  for alarm dispatch. However, if the intrusion/burglary alarms
12  have properly operating visual or auditory sensors that enable
13  the monitoring personnel to verify the alarm signal,
14  verification calling is not required.
15         Section 4.  Section 489.5315, Florida Statutes, is
16  created to read:
17         489.5315  Proprietary electrical or alarm
18  contractors.--Businesses that obtain an electrical or burglar
19  alarm system license to work only on their own equipment, and
20  that do not offer electrical or alarm contracting services to
21  the public, are not electrical or burglar alarm system
22  contracting businesses and do not have to obtain an
23  occupational license in addition to any they are otherwise
24  required to have.
25         Section 5.  This act shall take effect July 1, 1997.
26
27
28
29
30
31
                                  6