HB 1207

CS

CHAMBER ACTION

1	The Business Regulation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to electrical and alarm system
7	contracting; amending s. 489.503, F.S.; revising
8	exemptions from regulation of electrical and alarm system
9	contracting; amending s. 489.505, F.S.; revising
10	definitions; amending s. 489.513, F.S.; providing
11	additional requirements for registration as a contractor;
12	amending s. 489.529, F.S.; requiring central monitoring
13	stations to employ enhanced call verification methods
14	under certain circumstances; amending s. 489.530, F.S.;
15	exempting fire alarm systems from certain audible alarm
16	requirements; amending s. 489.537, F.S.; providing a
17	limitation on additional alarm system contractor or
18	electrical contractor certification or licensure
19	requirements; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Paragraph (b) of subsection (14) and paragraph
24	(d) of subsection (15) of section 489.503, Florida Statutes, are
25	amended to read:
26	489.503  Exemptions.--This part does not apply to:
27	(14)
28	(b)  The installation of, repair of, alteration of,
29	addition to, or design of electrical wiring, fixtures,
30	appliances, thermostats, apparatus, raceways, and conduit, or
31	any part thereof, when those items are for the purpose of
32	transmitting data, voice communications, or commands as part of
33	a system of telecommunications, including computers, telephone
34	customer premises equipment, or premises wiring. The scope of
35	this exemption is limited to electrical circuits and equipment
36	governed by the applicable provisions of Articles 725 (Classes 2
37	and 3 circuits only), 770, 800, 810, and 820 of the National
38	Electrical Code, current edition, or 47 C.F.R. part 68. A
39	company certified under chapter 364 is not subject to any local
40	ordinance that requires a permit for work performed by its
41	employees related to low voltage electrical work, including
42	related technical codes and regulations. The exemption in this
43	paragraph shall apply only if such work is requested by the
44	company's customer, is required in order to complete phone
45	service, is incidental to provision of telecommunication service
46	as required by chapter 364, and is not the subject of a
47	competitive bid. The definition of "employee" established in
48	subsection (1) applies to this exemption and does not include
49	subcontractors. Persons who perform work in accordance with the
50	applicable provisions of Articles 725 (Classes 2 and 3 circuits
51	only), 770, 800, 810, and 820 of the National Electrical Code,
52	current edition, or 47 C.F.R. part 68 who are not employees of a
53	company certified under chapter 364 must be certified pursuant
54	to s. 489.511.
55	(15)  The provision, installation, testing, routine
56	maintenance, factory-servicing, or monitoring of a personal
57	emergency response system, as defined in s. 489.505, by an
58	authorized person who:
59	(d)  Is an employee of or an authorized representative or
60	distributor for the producer or manufacturer of the personal
61	emergency response system being monitored.
62	Section 2.  Subsections (2), (7), (25), (27), and (28) of
63	section 489.505, Florida Statutes, are amended to read:
64	489.505  Definitions.--As used in this part:
65	(2)  "Alarm system contractor" means a person whose
66	business includes the execution of contracts requiring the
67	ability, experience, science, knowledge, and skill to lay out,
68	fabricate, install, maintain, alter, repair, monitor, inspect,
69	replace, or service alarm systems for compensation, including,
70	but not limited to, all types of alarm systems for all purposes.
71	This term also means any person, firm, or corporation that
72	engages in the business of alarm system contracting under an
73	expressed or implied contract; that undertakes, offers to
74	undertake, purports to have the capacity to undertake, or
75	submits a bid to engage in the business of alarm system
76	contracting; or that does itself or by or through others engage
77	in the business of alarm system contracting.
78	(a)  "Alarm system contractor I" means an alarm system
79	contractor whose business includes all types of alarm systems
80	for all purposes.
81	(b)  "Alarm system contractor II" means an alarm system
82	contractor whose business includes all types of alarm systems
83	other than fire, for all purposes, except as herein provided.
84	(7)  "Certified alarm system contractor" means an alarm
85	system contractor who possesses a certificate of competency
86	issued by the department. The scope of certification is limited
87	to alarm circuits originating in the alarm control panel and
88	equipment governed by the applicable provisions of Articles 725,
89	760, 770, 800, and 810 of the National Electrical Code, Current
90	Edition, and National Fire Protection Association Standard 72,
91	Current Edition. The scope of certification for alarm system
92	contractors also includes the installation, repair, fabrication,
93	erection, alteration, addition, inspection, monitoring, or
94	design of electrical wiring, fixtures, appliances, thermostats,
95	apparatus, raceways, and conduit, or any part thereof not to
96	exceed 98 volts (RMS) 77 volts, when those items are for the
97	purpose of transmitting data or proprietary video (satellite
98	systems that are not part of a community antenna television or
99	radio distribution system) or providing central vacuum
100	capability or electric locks; however, this provision governing
101	the scope of certification does not create any mandatory
102	licensure requirement.
103	(25)  "Burglar alarm system agent" means a person:
104	(a)  Who is employed by a licensed alarm system contractor
105	or licensed electrical contractor;
106	(b)  Who is performing duties which are an element of an
107	activity which constitutes alarm system contracting requiring
108	licensure under this part; and
109	(c)  Whose specific duties include any of the following:
110	altering, installing, maintaining, moving, repairing, replacing,
111	servicing, inspecting, selling onsite, or monitoring an
112	intrusion or burglar alarm system for compensation.
113	(27)  "Monitoring" means to receive electrical or
114	electronic signals, originating from any structure building
115	within or outside of the state, regardless of whether those
116	signals are relayed through a jurisdiction outside of the state,
117	where such signals are produced by any security, medical, fire,
118	or burglar alarm, closed circuit television camera, access
119	control system, or related or similar protective system and are
120	intended by design to initiate a response thereto. A person
121	shall not have committed the act of monitoring if:
122	(a)  The person is an occupant of, or an employee working
123	within, protected premises;
124	(b)  The person initiates emergency action in response to
125	hearing or observing an alarm signal;
126	(c)  The person's action is incidental to his or her
127	primary responsibilities; and
128	(d)  The person is not employed in a proprietary monitoring
129	facility, as defined by the National Fire Protection Association
130	pursuant to rule adopted under chapter 633.
131	(28)  "Fire alarm system agent" means a person:
132	(a)  Who is employed by a licensed fire alarm contractor or
133	certified unlimited electrical contractor;
134	(b)  Who is performing duties which are an element of an
135	activity that constitutes fire alarm system contracting
136	requiring certification under this part; and
137	(c)  Whose specific duties include any of the following:
138	altering, installing, maintaining, moving, repairing, replacing,
139	servicing, selling onsite, or monitoring a fire alarm system for
140	compensation.
141	Section 3.  Subsection (1) of section 489.513, Florida
142	Statutes, is amended to read:
143	489.513  Registration; application; requirements.--
144	(1)  Any person engaged in the business of contracting in
145	the state shall be registered in the proper classification,
146	unless he or she is certified. Any person desiring to be a
147	registered contractor shall apply to the department for
148	registration, and:
149	(a)  Be at least 18 years old.
150	(b)  Be of good moral character.
151	1.  "Good moral character" means a personal history of
152	honesty, fairness, and respect for the rights of others and for
153	the laws of this state and nation.
154	2.  The board may determine that a person applying for
155	registration is ineligible for failure to satisfy the
156	requirement of good moral character only if:
157	a.  There is a substantial connection between the lack of
158	good moral character of the individual and the professional
159	responsibilities of a registered contractor.
160	b.  The finding by the board of lack of good moral
161	character is supported by clear and convincing evidence.
162	3.  When a person is found to be unqualified because of a
163	lack of good moral character, the board shall furnish the person
164	a statement containing the findings of the board, a complete
165	record of evidence upon which the determination was based, and a
166	notice of the rights of the person to a rehearing and appeal.
167	Section 4.  Section 489.529, Florida Statutes, is amended
168	to read:
169	489.529  Alarm verification calls required.--All
170	residential or commercial intrusion/burglary alarms that have
171	central monitoring must have a central monitoring verification
172	call made to the premises generating the alarm signal, prior to
173	alarm monitor personnel contacting a law enforcement agency for
174	alarm dispatch. The central monitoring station must employ
175	enhanced call verification methods for the premises generating
176	the alarm signal if the first call is not answered. However, if
177	the intrusion/burglary alarms have properly operating visual or
178	auditory sensors that enable the monitoring personnel to verify
179	the alarm signal, verification calling is not required.
180	Section 5.  Section 489.530, Florida Statutes, is amended
181	to read:
182	489.530  Audible alarms.--Every audible alarm system
183	installed by a licensed contractor shall have a device to
184	automatically terminate the audible signal within 15 minutes of
185	activation. Fire alarms systems, whether installed voluntarily
186	or as a requirement of an adopted code employing audible fire
187	signals, shall be exempted as required by such code.
188	Section 6.  Paragraph (a) of subsection (3) of section
189	489.537, Florida Statutes, is amended to read:
190	489.537  Application of this part.--
191	(3)  Nothing in this act limits the power of a municipality
192	or county:
193	(a)  To regulate the quality and character of work
194	performed by contractors through a system of permits, fees, and
195	inspections which is designed to secure compliance with, and aid
196	in the implementation of, state and local building laws or to
197	enforce other local laws for the protection of the public health
198	and safety. However, no certified alarm system contractor or
199	certified electrical contractor shall be subject to any
200	additional certification or licensure requirements not required
201	by this part.
202	Section 7.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.