| 1 | A bill to be entitled |
| 2 | An act relating to electrical and alarm system |
| 3 | contracting; amending s. 489.517, F.S.; requiring |
| 4 | certificateholders and registrants to have continuing |
| 5 | education in preventing false alarms; amending s. 489.518, |
| 6 | F.S.; revising qualifications for burglar alarm system |
| 7 | agents; removing an exemption from training requirements |
| 8 | for persons who only perform sales; authorizing employment |
| 9 | as an alarm system agent or burglar alarm system agent |
| 10 | under supervision for a specified period, pending |
| 11 | completion of training and the criminal background check; |
| 12 | providing the format, the validity period, and renewal |
| 13 | requirements for burglar alarm system agent identification |
| 14 | cards; requiring an updated criminal background check of |
| 15 | each burglar alarm system agent who renews certification; |
| 16 | providing continuing education requirements for burglar |
| 17 | alarm system agents; amending s. 489.5185, F.S.; revising |
| 18 | qualifications for fire alarm system agents; requiring an |
| 19 | updated criminal background check of each fire alarm |
| 20 | system agent who renews certification; requiring fire |
| 21 | alarm system agents to have continuing education in |
| 22 | preventing false alarms; providing an effective date. |
| 23 |
|
| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
|
| 26 | Section 1. Paragraph (b) of subsection (4) of section |
| 27 | 489.517, Florida Statutes, is amended to read: |
| 28 | 489.517 Renewal of certificate or registration; continuing |
| 29 | education.-- |
| 30 | (4) |
| 31 | (b) Of the 14 classroom hours of continuing education |
| 32 | required, at least 7 hours must be on technical subjects, 1 hour |
| 33 | on workers' compensation, 1 hour on workplace safety, and 1 hour |
| 34 | on business practices, and for alarm system contractors and |
| 35 | electrical contractors engaged in alarm system contracting, 2 |
| 36 | hours on false alarm prevention. |
| 37 | Section 2. Section 489.518, Florida Statutes, is amended |
| 38 | to read: |
| 39 | 489.518 Alarm system agents.-- |
| 40 | (1) A licensed electrical or alarm system contractor may |
| 41 | not employ a person to perform the duties of a burglar alarm |
| 42 | system agent unless the person: |
| 43 | (a) Is at least 18 years of age or has evidence of a |
| 44 | court-approved declaration of emancipation. |
| 45 | (b) Has successfully completed a minimum of 14 12 hours of |
| 46 | training, to include basic alarm system electronics in addition |
| 47 | to related training including CCTV and access control training, |
| 48 | with at least 2 hours of training in the prevention of false |
| 49 | alarms. Such training shall be from a board-approved provider, |
| 50 | and the employee or applicant for employment shall provide proof |
| 51 | of successful completion to the licensed employer. The board |
| 52 | shall by rule establish criteria for the approval of training |
| 53 | courses and providers and may by rule establish criteria for |
| 54 | accepting alternative nonclassroom education on an hour-for-hour |
| 55 | basis. The board shall approve providers that conduct training |
| 56 | in other than the English language. The board shall establish a |
| 57 | fee for the approval of training providers or courses, not to |
| 58 | exceed $60. Qualified employers may conduct training classes for |
| 59 | their employees, with board approval. |
| 60 | (c) Has not been convicted within the last 3 years of a |
| 61 | crime that directly relates to the business for which employment |
| 62 | is being sought. Although the employee is barred from operating |
| 63 | as an alarm system agent for 3 years subsequent to his or her |
| 64 | conviction, the employer shall be supplied the information |
| 65 | regarding any convictions occurring prior to that time, and the |
| 66 | employer may at his or her discretion consider an earlier |
| 67 | conviction to be a bar to employment as an alarm system agent. |
| 68 | To ensure that this requirement has been met, a licensed |
| 69 | electrical or alarm contractor must obtain from the Florida |
| 70 | Department of Law Enforcement a completed fingerprint and |
| 71 | criminal background check for each applicant for employment as a |
| 72 | burglar alarm system agent or for each individual currently |
| 73 | employed on the effective date of this act as a burglar alarm |
| 74 | system agent. |
| 75 | (d) Has not been committed for controlled substance abuse |
| 76 | or been found guilty of a crime under chapter 893 or a similar |
| 77 | law relating to controlled substances in any other state within |
| 78 | the 3-year period immediately preceding the date of application |
| 79 | for employment, or the effective date of this act for an |
| 80 | individual employed as a burglar alarm system agent on that |
| 81 | date, unless he or she establishes that he or she is not |
| 82 | currently abusing any controlled substance and has successfully |
| 83 | completed a rehabilitation course. |
| 84 | (2)(a) Persons who perform only monitoring or sales are |
| 85 | not required to complete the training required for burglar alarm |
| 86 | system agents. |
| 87 | (b) Persons who perform only monitoring at an out-of-state |
| 88 | location are not required to comply with background check |
| 89 | requirements. |
| 90 | (c) Persons who perform proprietary burglar alarm system |
| 91 | agent duties for only a single employer, and who do not offer |
| 92 | alarm system contracting services to the public, are not |
| 93 | required to comply with background check requirements. |
| 94 | (d) A state-certified electrical contractor, a state- |
| 95 | certified alarm system contractor, a state-registered alarm |
| 96 | system contractor, a journeyman electrician licensed by any |
| 97 | local jurisdiction, or an alarm technician licensed by a local |
| 98 | jurisdiction that requires an examination and experience or |
| 99 | training as licensure qualifications, is not required to |
| 100 | complete the training required for burglar alarm system agents. |
| 101 | A state-registered electrical contractor is not required to |
| 102 | complete the training required for burglar alarm system agents, |
| 103 | so long as he or she is only doing electrical work up to the |
| 104 | alarm panel. |
| 105 | (e) A nonsupervising employee working as a helper or |
| 106 | apprentice under the direct, on-site, continuous supervision of |
| 107 | a state-certified electrical contractor, a state-registered |
| 108 | electrical contractor, a state-certified alarm system |
| 109 | contractor, a state-registered alarm system contractor, a |
| 110 | journeyman electrician licensed by any local jurisdiction, an |
| 111 | alarm technician licensed by a local jurisdiction that requires |
| 112 | an examination and experience or training as licensure |
| 113 | qualifications, or a qualified alarm system agent is not |
| 114 | required to complete the training otherwise required and is not |
| 115 | required to be 18 years of age or older. |
| 116 | (3) An applicant for employment as an alarm system agent, |
| 117 | or an individual employed as a burglar alarm system agent on the |
| 118 | effective date of this act, may commence or continue employment |
| 119 | pending the completion of the required training and the results |
| 120 | of the background check required by this section for a period |
| 121 | not to exceed 90 60 days after the date of application for |
| 122 | employment, or 90 60 days after the effective date of this act |
| 123 | for individuals currently employed as burglar alarm system |
| 124 | agents. However, the person must work under the direction and |
| 125 | control of a sponsoring licensed electrical or burglar alarm |
| 126 | system contractor pending the completion of the training and the |
| 127 | criminal background check. If an applicant or an individual |
| 128 | employed on the effective date of this act does not complete the |
| 129 | training or receive a satisfactory criminal background check |
| 130 | within the 90-day 60-day period, the employment must be |
| 131 | terminated immediately. |
| 132 | (4)(a) A licensed electrical or alarm system contractor |
| 133 | shall furnish each of its burglar alarm system agents with an |
| 134 | identification card. |
| 135 | (b) The identification card shall be designed in a board- |
| 136 | approved format. The card must shall include a picture of the |
| 137 | agent, must and shall specify at least the name of the holder of |
| 138 | the card and the name and license number of the contractor, and |
| 139 | must shall be signed by the contractor and by the holder of the |
| 140 | card. Each identification card is valid for a period of 2 years |
| 141 | after the date of issuance. The identification card must shall |
| 142 | be in the possession of each burglar alarm system agent while |
| 143 | engaged in burglar alarm system agent duties. |
| 144 | (c)(b) Each person to whom an identification card has been |
| 145 | issued shall be responsible for the safekeeping thereof and |
| 146 | shall not loan, or allow any other person to use or display, the |
| 147 | identification card. |
| 148 | (d) Each identification card must be renewed every 2 years |
| 149 | and in a board-approved format to show compliance with the 6 |
| 150 | hours of continuing education necessary to maintain |
| 151 | certification as a burglar alarm system agent. |
| 152 | (e) Each licensed electrical or alarm system contractor |
| 153 | must obtain an updated criminal background check from the |
| 154 | Department of Law Enforcement for each burglar alarm system |
| 155 | agent who renews certification. |
| 156 | (5) Each burglar alarm system agent must receive 6 hours |
| 157 | of continuing education on burglar alarm system installation and |
| 158 | repair and false alarm prevention every 2 years from a board- |
| 159 | approved sponsor of training and through a board-approved |
| 160 | training course. |
| 161 | (6)(5) Failure to comply with any of the provisions of |
| 162 | this section shall be a disciplinable offense against the |
| 163 | contractor pursuant to s. 489.533. |
| 164 | Section 3. Section 489.5185, Florida Statutes, is amended |
| 165 | to read: |
| 166 | 489.5185 Fire alarm system agents.-- |
| 167 | (1) A certified unlimited electrical contractor or |
| 168 | licensed fire alarm contractor may not employ a person to |
| 169 | perform the duties of a fire alarm system agent unless the |
| 170 | person: |
| 171 | (a) Is at least 18 years of age or has evidence of a |
| 172 | court-approved declaration of emancipation. |
| 173 | (b) Has successfully completed a minimum of 14 18 hours of |
| 174 | initial training, to include basic fire alarm system technology |
| 175 | in addition to related training in National Fire Protection |
| 176 | Association (NFPA) codes and standards and access control |
| 177 | training, with at least 2 hours of training in the prevention of |
| 178 | false alarms. Such training must be from a board-approved |
| 179 | provider, and the employee or applicant for employment must |
| 180 | provide proof of successful completion to the licensed employer. |
| 181 | The board, by rule, shall establish criteria for the approval of |
| 182 | training courses and providers. The board shall approve |
| 183 | qualified providers that conduct training in other than the |
| 184 | English language. The board shall establish a fee for the |
| 185 | approval of training providers, not to exceed $200, and a fee |
| 186 | for the approval of courses at $25 per credit hour, not to |
| 187 | exceed $100 per course. |
| 188 | (c) Has not been convicted within the last 3 years of a |
| 189 | crime that directly relates to the business for which employment |
| 190 | is being sought. Although the employee is barred from operating |
| 191 | as a fire alarm system agent for 3 years subsequent to his or |
| 192 | her conviction, the employer shall be supplied the information |
| 193 | regarding any convictions occurring prior to that time, and the |
| 194 | employer may at his or her discretion consider an earlier |
| 195 | conviction to be a bar to employment as a fire alarm system |
| 196 | agent. To ensure that this requirement has been met, a certified |
| 197 | unlimited electrical contractor or licensed fire alarm |
| 198 | contractor must obtain from the Florida Department of Law |
| 199 | Enforcement a completed fingerprint and criminal background |
| 200 | check for each applicant for employment as a fire alarm system |
| 201 | agent or for each individual currently employed on the effective |
| 202 | date of this act as a fire alarm system agent. |
| 203 | (d) Has not been committed for controlled substance abuse |
| 204 | or been found guilty of a crime under chapter 893 or any similar |
| 205 | law relating to controlled substances in any other state within |
| 206 | the 3-year period immediately preceding the date of application |
| 207 | for employment, or immediately preceding the effective date of |
| 208 | this act for an individual employed as a fire alarm system agent |
| 209 | on that date, unless the person establishes that he or she is |
| 210 | not currently abusing any controlled substance and has |
| 211 | successfully completed a rehabilitation course. |
| 212 | (2)(a) Any applicant for employment as a fire alarm system |
| 213 | agent, or any individual employed as a fire alarm system agent |
| 214 | on the effective date of this act, who has completed alarm |
| 215 | system agent or burglar alarm system agent training prior to the |
| 216 | effective date of this act in a board-certified program is not |
| 217 | required to take additional training in order to comply with the |
| 218 | initial training requirements of this section. |
| 219 | (b) A state-certified electrical contractor, a state- |
| 220 | certified fire alarm system contractor, a state-registered fire |
| 221 | alarm system contractor, a journeyman electrician licensed by |
| 222 | any local jurisdiction, or an alarm technician licensed by a |
| 223 | local jurisdiction that requires an examination and experience |
| 224 | or training as licensure qualifications is not required to |
| 225 | complete the training required for fire alarm system agents. A |
| 226 | state-registered electrical contractor is not required to |
| 227 | complete the training required for fire alarm system agents, so |
| 228 | long as he or she is only doing electrical work up to the alarm |
| 229 | panel. |
| 230 | (c) A nonsupervising employee working as a helper or |
| 231 | apprentice under the direct, onsite, continuous supervision of a |
| 232 | state-certified electrical contractor, a state-registered |
| 233 | electrical contractor, a state-certified fire alarm system |
| 234 | contractor, a state-registered fire alarm system contractor, a |
| 235 | journeyman electrician licensed by any local jurisdiction, an |
| 236 | alarm technician licensed by a local jurisdiction that requires |
| 237 | an examination and experience or training as licensure |
| 238 | qualifications, or a qualified fire alarm system agent is not |
| 239 | required to complete the training otherwise required and is not |
| 240 | required to be 18 years of age or older. |
| 241 | (d) A burglar alarm system agent employed by a licensed |
| 242 | fire alarm contractor or certified unlimited electrical |
| 243 | contractor who has fulfilled all requirements of s. 489.518 |
| 244 | prior to the effective date of this act is not required to |
| 245 | complete the initial training required by this section for fire |
| 246 | alarm system agents. |
| 247 | (e) Persons who perform only monitoring are not required |
| 248 | to complete the training required for fire alarm system agents. |
| 249 | (3) An applicant for employment as a fire alarm system |
| 250 | agent may commence employment, or an individual employed as a |
| 251 | fire alarm system agent on the effective date of this act may |
| 252 | continue employment, pending completion of both the training and |
| 253 | the fingerprint and criminal background checks required by this |
| 254 | section, for a period not to exceed 90 days after the date of |
| 255 | application for employment or 90 days after the effective date |
| 256 | of this act for individuals employed as fire alarm system agents |
| 257 | on that date. However, the person must work under the direction |
| 258 | and control of a sponsoring certified unlimited electrical |
| 259 | contractor or licensed fire alarm contractor until completion of |
| 260 | both the training and the fingerprint and criminal background |
| 261 | checks. If an applicant or an individual employed on the |
| 262 | effective date of this act does not complete the training or |
| 263 | receive satisfactory fingerprint and criminal background checks |
| 264 | within the 90-day period, the employment must be terminated |
| 265 | immediately. |
| 266 | (4)(a) A certified unlimited electrical contractor or |
| 267 | licensed fire alarm contractor must furnish each of his or her |
| 268 | fire alarm system agents with an identification card. |
| 269 | (b) The card shall follow a board-approved format, to |
| 270 | include a picture of the agent; shall specify at least the name |
| 271 | of the holder of the card and the name and license number of the |
| 272 | certified unlimited electrical contractor or licensed fire alarm |
| 273 | contractor; and shall be signed by both the contractor and the |
| 274 | holder of the card. Each identification card shall be valid for |
| 275 | a period of 2 years after the date of issuance. The |
| 276 | identification card must be in the possession of the fire alarm |
| 277 | system agent while engaged in fire alarm system agent duties. |
| 278 | (c) Each person to whom an identification card has been |
| 279 | issued is responsible for the safekeeping thereof, and may not |
| 280 | loan, or allow any other person to use or display, the |
| 281 | identification card. |
| 282 | (d) Each identification card must be renewed every 2 years |
| 283 | and in a board-approved format to show compliance with the 6 |
| 284 | hours of continuing education necessary to maintain |
| 285 | certification as a fire alarm system agent. |
| 286 | (e) Each licensed electrical or alarm system contractor |
| 287 | must obtain an updated criminal background check from the |
| 288 | Department of Law Enforcement for each fire alarm system agent |
| 289 | who renews certification. |
| 290 | (5) Each fire alarm system agent must receive 6 hours of |
| 291 | continuing education on fire alarm system installation and |
| 292 | repair and false alarm prevention every 2 years from a board- |
| 293 | approved sponsor of training and through a board-approved |
| 294 | training course. |
| 295 | (6) Failure to comply with any of the provisions of this |
| 296 | section shall be grounds for disciplinary action against the |
| 297 | contractor pursuant to s. 489.533. |
| 298 | Section 4. This act shall take effect July 1, 2004. |