Senate Bill sb0744c1
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Florida Senate - 2006 CS for SB 744
By the Committee on Banking and Insurance; and Senator Wise
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1 A bill to be entitled
2 An act relating to electrical and alarm system
3 contracting; amending s. 489.503, F.S.;
4 exempting persons who install or repair
5 lightning rods from electrical and alarm system
6 contractor licensing provisions; amending s.
7 489.505, F.S.; revising definitions; amending
8 s. 489.513, F.S.; providing eligibility
9 requirements for registering with the
10 Department of Business and Professional
11 Regulation as an electrical contractor or alarm
12 system contractor; amending s. 489.529, F.S.;
13 requiring a central monitoring station to
14 employ call-verification methods under certain
15 circumstances; amending s. 489.530, F.S.;
16 exempting a fire alarm system from the
17 requirement that it have a device that
18 automatically terminates its audible signal
19 after a certain period; providing an effective
20 date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Subsection (21) is added to section
25 489.503, Florida Statutes, to read:
26 489.503 Exemptions.--This part does not apply to:
27 (21) Any person who installs or repairs lightning rods
28 or related systems.
29 Section 2. Subsections (2), (7), (25), (27), and (28)
30 of section 489.505, Florida Statutes, are amended to read:
31 489.505 Definitions.--As used in this part:
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Florida Senate - 2006 CS for SB 744
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1 (2) "Alarm system contractor" means a person whose
2 business includes the execution of contracts requiring the
3 ability, experience, science, knowledge, and skill to lay out,
4 fabricate, install, maintain, alter, repair, monitor, inspect,
5 replace, or service alarm systems for compensation, including,
6 but not limited to, all types of alarm systems for all
7 purposes. This term also means any person, firm, or
8 corporation that engages in the business of alarm contracting
9 under an expressed or implied contract; that undertakes,
10 offers to undertake, purports to have the capacity to
11 undertake, or submits a bid to engage in the business of alarm
12 contracting; or that by itself or by or through others engages
13 in the business of alarm contracting.
14 (a) "Alarm system contractor I" means an alarm system
15 contractor whose business includes all types of alarm systems
16 for all purposes.
17 (b) "Alarm system contractor II" means an alarm system
18 contractor whose business includes all types of alarm systems
19 other than fire, for all purposes, except as herein provided.
20 (7) "Certified alarm system contractor" means an alarm
21 system contractor who possesses a certificate of competency
22 issued by the department. The scope of certification is
23 limited to alarm circuits originating in the alarm control
24 panel and equipment governed by the applicable provisions of
25 Articles 725, 760, 770, 800, and 810 of the National
26 Electrical Code, Current Edition, and National Fire Protection
27 Association Standard 72, Current Edition. The scope of
28 certification for alarm system contractors also includes the
29 installation, repair, fabrication, erection, alteration,
30 addition, or design of electrical wiring, fixtures,
31 appliances, thermostats, apparatus, raceways, and conduit, or
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Florida Senate - 2006 CS for SB 744
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1 any part thereof not to exceed 98 volts (RMS) 77 volts, when
2 those items are for the purpose of transmitting data or
3 proprietary video (satellite systems that are not part of a
4 community antenna television or radio distribution system) or
5 providing central vacuum capability or electric locks;
6 however, this provision governing the scope of certification
7 does not create any mandatory licensure requirement.
8 (25) "Burglar alarm system agent" means a person:
9 (a) Who is employed by a licensed alarm system
10 contractor or licensed electrical contractor;
11 (b) Who is performing duties which are an element of
12 an activity which constitutes alarm system contracting
13 requiring licensure under this part; and
14 (c) Whose specific duties include any of the
15 following: altering, installing, maintaining, moving,
16 repairing, replacing, servicing, selling onsite, or monitoring
17 an intrusion or burglar alarm system for compensation.
18 (27) "Monitoring" means to receive electrical or
19 electronic signals, originating from any structure building
20 within the state or outside the state, regardless of whether
21 those signals are relayed through a jurisdiction outside the
22 state, where such signals are, produced by any security,
23 medical, fire, or burglar alarm, closed circuit television
24 camera, access-control system, or related or similar
25 protective system and are intended by design to initiate a
26 response thereto. A person shall not have committed the act
27 of monitoring if:
28 (a) The person is an occupant of, or an employee
29 working within, protected premises;
30 (b) The person initiates emergency action in response
31 to hearing or observing an alarm signal;
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Florida Senate - 2006 CS for SB 744
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1 (c) The person's action is incidental to his or her
2 primary responsibilities; and
3 (d) The person is not employed in a proprietary
4 monitoring facility, as defined by the National Fire
5 Protection Association pursuant to rule adopted under chapter
6 633.
7 (28) "Fire alarm system agent" means a person:
8 (a) Who is employed by a licensed fire alarm
9 contractor or certified unlimited electrical contractor;
10 (b) Who is performing duties which are an element of
11 an activity that constitutes fire alarm system contracting
12 requiring certification under this part; and
13 (c) Whose specific duties include any of the
14 following: altering, installing, maintaining, moving,
15 repairing, replacing, servicing, selling onsite, or monitoring
16 a fire alarm system for compensation.
17 Section 3. Subsection (1) of section 489.513, Florida
18 Statutes, is amended to read:
19 489.513 Registration; application; requirements.--
20 (1) Any person engaged in the business of contracting
21 in the state shall be registered in the proper classification,
22 unless he or she is certified. Any person desiring to be a
23 registered contractor shall apply to the department for
24 registration and must:.
25 (a) Be at least 18 years old;
26 (b) Be of good moral character; and
27 (c) Meet eligibility requirements according to the
28 following criteria:
29 1. As used in this subsection, the term "good moral
30 character" means a personal history of honesty, fairness, and
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1 respect for the rights of others and for state and federal
2 law.
3 2. The board may determine that an individual applying
4 for registration is ineligible due to failure to satisfy the
5 requirement of good moral character only if:
6 a. There is a substantial connection between the lack
7 of good moral character of the individual and the professional
8 responsibilities of a registered contractor; and
9 b. The finding by the board of lack of good moral
10 character is supported by clear and convincing evidence.
11 3. When an individual is found to be unqualified
12 because of lack of good moral character, the board must
13 furnish such individual a statement containing the findings of
14 the board, a complete record of evidence upon which the
15 determination was based, and a notice of the rights of the
16 individual to a rehearing and an appeal.
17 Section 4. Section 489.529, Florida Statutes, is
18 amended to read:
19 489.529 Alarm verification calls required.--All
20 residential or commercial intrusion/burglary alarms that have
21 central monitoring must have a central monitoring verification
22 call made to the premises generating the alarm signal, prior
23 to alarm monitor personnel contacting a law enforcement agency
24 for alarm dispatch. The central monitoring station must employ
25 call-verification methods for the premises generating the
26 alarm signal if the first call is not answered. However, if
27 the intrusion/burglary alarms have properly operating visual
28 or auditory sensors that enable the monitoring personnel to
29 verify the alarm signal, verification calling is not required.
30 Section 5. Section 489.530, Florida Statutes, is
31 amended to read:
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Florida Senate - 2006 CS for SB 744
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1 489.530 Audible alarms.--Every audible alarm system
2 installed by a licensed contractor shall have a device to
3 automatically terminate the audible signal within 15 minutes
4 of activation. A fire alarm system, whether installed
5 voluntarily or as a requirement of an adopted code, which
6 employs an audible fire signal is exempt as required by such
7 code.
8 Section 6. This act shall take effect July 1, 2006.
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10 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
11 Senate Bill 744
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13 1. Exempts persons who install or repair lightning rods or
related systems from licensure as electrical or alarm
14 system contractors under part II of chapter 489, F.S.
15 2. Removes inspection responsibilities from contractor
definitions.
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