Florida Senate - 2013                             CS for SB 1442
       By the Committee on Regulated Industries; and Senator Lee
       580-04037-13                                          20131442c1
    1                        A bill to be entitled                      
    2         An act relating to alarm systems; amending s. 489.503,
    3         F.S.; revising an exemption from licensure related to
    4         low-voltage electrical work performed by certain
    5         persons and entities; exempting from licensure certain
    6         employees and sales representatives of alarm system
    7         contractors; providing for construction; creating s.
    8         553.793, F.S.; providing definitions; providing
    9         applicability; requiring a local enforcement agency to
   10         offer for sale uniform basic permit labels to
   11         contractors; specifying a maximum price and providing
   12         exceptions; prohibiting a local enforcement agency
   13         from applying a certain condition to the purchase of a
   14         label; providing that permits expire after a specific
   15         time period; requiring contractors to post an unused
   16         label in a specified place before commencing work on a
   17         low-voltage alarm system project; requiring
   18         contractors to submit a Uniform Notice of a Low
   19         Voltage Alarm System Project within a specified
   20         period; providing that failure to submit such notice
   21         may result in disciplinary action; prescribing a form
   22         for a Uniform Notice of a Low-Voltage Alarm System
   23         Project; authorizing a local enforcement agency to
   24         inspect; prohibiting municipalities, counties,
   25         districts, or other entities of local government from
   26         adopting or maintaining an ordinance or rule
   27         inconsistent with this section; providing that a label
   28         is not required for the subsequent maintenance,
   29         inspection, or service of a permitted alarm system;
   30         providing an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Subsection (14) of section 489.503, Florida
   35  Statutes, is amended, and subsection (23) is added to that
   36  section, to read:
   37         489.503 Exemptions.—This part does not apply to:
   38         (14)(a) The sale of, installation of, repair of, alteration
   39  of, addition to, or design of electrical wiring, fixtures,
   40  appliances, thermostats, apparatus, raceways, computers,
   41  customer premises equipment, customer premises wiring, and
   42  conduit, or any part thereof, by an employee, contractor,
   43  subcontractor, or affiliate of a company operating under a
   44  certificate issued under chapter 364 or chapter 610, or under a
   45  local franchise or right-of-way agreement, if when those items
   46  are for the purpose of transmitting data, voice, video, or other
   47  communications, or commands as part of a cable television,
   48  community antenna television, or radio distribution,
   49  communications, or telecommunications system. The scope of this
   50  exemption is limited to electrical circuits and equipment
   51  governed by the applicable provisions of Articles 725 (Classes 2
   52  and 3 circuits only), 770, 800, 810, and 820 of the National
   53  Electrical Code, current edition, or 47 C.F.R. part 68.
   54         (b) The installation of, repair of, alteration of, addition
   55  to, or design of electrical wiring, fixtures, appliances,
   56  thermostats, apparatus, raceways, and conduit, or any part
   57  thereof, when those items are for the purpose of transmitting
   58  data, voice communications, or commands as part of a system of
   59  telecommunications, including computers, telephone customer
   60  premises equipment, or premises wiring. The scope of this
   61  exemption is limited to electrical circuits and equipment
   62  governed by the applicable provisions of Articles 725 (Classes 2
   63  and 3 circuits only), 770, 800, 810, and 820 of the National
   64  Electrical Code, current edition, or 47 C.F.R. part 68. An
   65  employee, subcontractor, contractor, or affiliate of a company
   66  that operates under a certificate issued certified under chapter
   67  364 or chapter 610, or under a local franchise or right-of-way
   68  agreement is not subject to any local ordinance that requires a
   69  permit for work performed by its employees related to low
   70  voltage low voltage electrical work, including related technical
   71  codes, and regulations, and licensure. The scope of this
   72  exemption is limited to electrical circuits and equipment
   73  governed by the applicable provisions of Articles 725 (Classes 2
   74  and 3 circuits only), 770, 800, 810, and 820 of the National
   75  Electrical Code, current edition, or 47 C.F.R. part 68. The
   76  exemption in this paragraph shall apply only if such work is
   77  requested by the company’s customer, is required in order to
   78  complete phone service, is incidental to provision of
   79  telecommunication service as required by chapter 364, and is not
   80  the subject of a competitive bid. The definition of “employee”
   81  established in subsection (1) applies to this exemption and does
   82  not include subcontractors.
   83         (23) An employee or sales representative of an alarm system
   84  contractor, if the employee or sales representative:
   85         (a) Does not alter, install, maintain, move, or repair
   86  alarm systems on end-user premises; and
   87         (b)Is not granted access to passwords or codes that can be
   88  used to arm or disarm the system installed at specific end-user
   89  premises or, if working at an out-of-state location, the
   90  employee or sales representative with access to such passwords
   91  or codes has received a satisfactory fingerprint and background
   92  check from a state or federal agency.
   94  This subsection may not be construed to limit the exemptions
   95  provided under subsection (6) or relieve a person of his or her
   96  obligation to comply with the applicable background check
   97  provisions of ss. 489.518 and 489.5185 for any onsite alarm
   98  sales.
   99         Section 2. Section 553.793, Florida Statutes, is created to
  100  read:
  101         553.793 Streamlined low-voltage alarm system installation
  102  permitting.—
  103         (1) As used in this section, the term:
  104         (a) “Contractor” means a person who is qualified to engage
  105  in the business of electrical or alarm system contracting
  106  pursuant to a certificate or registration issued by the
  107  department under part II of chapter 489.
  108         (b) “Low-voltage alarm system project” means a project
  109  related to the installation, maintenance, inspection,
  110  replacement, or service of a new or existing alarm system, as
  111  defined in s. 489.505, operating at low voltage, as defined in
  112  the National Electrical Code Standard 70, Current Edition, and
  113  ancillary components or equipment attached to such a system,
  114  including, but not limited to, home-automation equipment,
  115  thermostats, and video cameras.
  116         (2) Notwithstanding any provision of law, this section
  117  applies to low-voltage alarm system projects for which a permit
  118  is required by a local enforcement agency.
  119         (3) This section does not apply to the installation or
  120  replacement of a fire alarm if a plan review is required.
  121         (4) A local enforcement agency shall make uniform basic
  122  permit labels available for purchase by a contractor to be used
  123  for the installation or replacement of a new or existing alarm
  124  system at a cost of not more than $55 per label per project. A
  125  local enforcement agency that charges more than $55 for such
  126  permit before January 1, 2013, may continue to charge the same
  127  amount for a uniform basic permit label until January 1, 2015,
  128  if the fee does not exceed $175. A local enforcement agency
  129  charging more than $175 for such a permit before January 1,
  130  2013, may charge a maximum of $175 for a uniform basic permit
  131  label until January 1, 2015.
  132         (a) A local enforcement agency may not require a
  133  contractor, as a condition of purchasing a label, to submit
  134  information other than identification information of the
  135  licensee and proof of registration or certification as a
  136  contractor.
  137         (b) A label is valid for 1 year after the date of purchase
  138  and may only be used within the jurisdiction of the local
  139  enforcement agency that issued the label. A contractor may
  140  purchase labels in bulk for one or more unspecified current or
  141  future projects.
  142         (5) A contractor shall post an unused uniform basic permit
  143  label in a conspicuous place on the premises of the low-voltage
  144  alarm system project site before commencing work on the project.
  145         (6) A contractor is not required to notify the local
  146  enforcement agency before commencing work on a low-voltage alarm
  147  system project. However, a contractor must submit a Uniform
  148  Notice of a Low-Voltage Alarm System Project, as provided under
  149  subsection (7), to the local enforcement agency within 14 days
  150  after completing the project. A local enforcement agency may
  151  take disciplinary action against a contractor who fails to
  152  timely submit a Uniform Notice of a Low-Voltage Alarm System
  153  Project.
  154         (7) The Uniform Notice of a Low-Voltage Alarm System
  155  Project may be submitted electronically or by facsimile if all
  156  submissions are signed by the owner, tenant, contractor, or
  157  authorized representative of such persons. The Uniform Notice of
  158  a Low-Voltage Alarm System Project must contain the following
  159  information:
  162  Owner’s or Customer’s Name................
  163  Owner’s or Customer’s Address................
  164  Fee Simple Titleholder’s Name (If different from above).........
  165  Fee Simple Titleholder’s Address (If different from above)......
  166  City....................
  167  State............ Zip............
  168  Phone Number................
  169  E-mail Address................
  170  Contractor’s Name....................
  171  Contractor’s Address................................
  172  City....................
  173  State............ Zip............
  174  Phone Number................
  175  Contractor’s License Number....................
  176  Date Project Completed........................
  177  Scope of Work................................................
  179  Notice is hereby given that a low-voltage alarm system project
  180  has been completed at the address specified above. I certify
  181  that all of the foregoing information is true and accurate.
  182  ...(Signature of Owner, Tenant, Contractor, or Authorized
  183  Representative)...
  184         (8) A low-voltage alarm system project may be inspected by
  185  the local enforcement agency to ensure compliance with
  186  applicable codes and standards. If a low-voltage alarm system
  187  project fails an inspection, the contractor must take corrective
  188  action as necessary to pass inspection.
  189         (9) A municipality, county, district, or other entity of
  190  local government may not adopt or maintain in effect an
  191  ordinance or rule regarding a low-voltage alarm system project
  192  that is inconsistent with this section.
  193         (10) A uniform basic permit label may not be required for
  194  the subsequent maintenance, inspection, or service of an alarm
  195  system that was permitted in accordance with this section.
  196         (11) The provisions of this act are not intended to impose
  197  new or additional licensure requirements on a person licensed in
  198  accordance with the applicable provisions of Chapter 489.
  199         Section 3. This act shall take effect October 1, 2013.