Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1442
                                Barcode 341124                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2013           .                                

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