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Florida new law - alarm verification

 
Florida has enacted a new call that took effect July 1, 2006.  It deals with several issues involving alarm licensing in Florida.  One issue is alarm signal verification, found in section 489.529.   Central Stations were already required to call the premises before dispatching.  Now the central must "employ call- verification methods for the premises generating the alarm signal if the first call is not answered."  What additional verification is needed is not specified, but no additional verification is necessary if the premises has audio or video sensors that enable the monitoring company to verify the alarm signal. 
The full statute as amended is below.
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ENROLLEDHB 1351, Engrossed 1 2006 LegislatureCODING: Words stricken are deletions; words underlined are additions.hb1351-04-erPage 1 of 10

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1 A bill to be entitled

2 An act relating to contracting; amending s. 489.516, F.S.;

3 exempting certain electrical and alarm system contractors

4 from ordinances or codes of local governments or special

5 districts requiring various types of recognition by

6 certain national entities; authorizing local governments

7 or special districts to require such contractors to

8 provide certain documentation at the final inspection of

9 an alarm system; reserving the authority of local

10 governments and special districts to require compliance

11 with the Florida Fire Prevention Code and NFPA No. 72;

12 amending ss. 489.128 and 489.532, F.S.; providing that

13 individuals performing certain construction contracting or

14 electrical and alarm system contracting work are not

15 considered unlicensed for purposes of contract

16 enforceability; providing for retroactive application;

17 amending s. 489.503, F.S.; exempting nationally recognized

18 testing laboratories and persons who install or repair

19 lightning rods from certain alarm system contracting

20 provisions; amending s. 489.505, F.S.; revising

21 definitions; defining the term "nationally recognized

22 testing laboratory"; amending s. 489.513, F.S.; providing

23 eligibility requirements for registering with the

24 Department of Business and Professional Regulation as an25 electrical contractor or alarm system contractor; amending

26 s. 489.529, F.S.; requiring a central monitoring station

27 to employ call-verification methods under certainENROLLEDHB 1351, Engrossed 1 2006 LegislatureCODING: Words stricken are deletions; words underlined are additions.hb1351-04-erPage 2 of 10

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28 circumstances; amending s. 489.530, F.S.; exempting a fire

29 alarm system from the requirement that it have a device

30 that automatically terminates its audible signal after a

31 certain period; providing an effective date.
32

33 Be It Enacted by the Legislature of the State of Florida:

34

35 Section 1. Subsection (5) is added to section 489.516,36 Florida Statutes, to read:37 489.516 Qualifications to practice; restrictions;

38 prerequisites.--

39 (5) Notwithstanding any other provision to the contrary, a

40 certified electrical contractor, registered alarm system

41 contractor I, registered alarm system contractor II, or alarm

42 system contractor I or alarm system contractor II that is a

43 certified alarm system contractor is exempt from any local law,

44 local ordinance, or local code that requires a contractor to be

45 listed or placarded by a nationally recognized testing

46 laboratory or to be certified by any regionally or nationally

47 recognized certification organization. However, a county,

48 municipality, or special district may require any such

49 electrical contractor or alarm system contractor to provide, at

50 the final inspection of a fire alarm system, the documentation

51 required by NFPA No. 72, "National Fire Alarm Code," for

52 installation and monitoring. This subsection does not prohibit a

53 county, municipality, or special district from requiringENROLLEDHB 1351, Engrossed 1 2006 LegislatureCODING: Words stricken are deletions; words underlined are additions.hb1351-04-erPage 3 of 10

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54 compliance with the Florida Fire Prevention Code or with NFPA

55 No. 72.

56 Section 2. Paragraphs (a) and (b) of subsection (1) of

57 section 489.128, Florida Statutes, are amended to read:

58 489.128 Contracts entered into by unlicensed contractors

59 unenforceable.--

60 (1) As a matter of public policy, contracts entered into61 on or after October 1, 1990, by an unlicensed contractor shall

62 be unenforceable in law or in equity by the unlicensed

63 contractor.

64 (a) For purposes of this section, an individual is

65 unlicensed if the individual does not have a license required by

66 this part concerning the scope of the work to be performed under

67 the contract. A business organization is unlicensed if the

68 business organization does not have a primary or secondary

69 qualifying agent in accordance with this part concerning the

70 scope of the work to be performed under the contract. For

71 purposes of this section, if no state or local license is

72 required for the scope of work to be performed under the

73 contract, the individual performing that work shall not be

74 considered unlicensed.

75 (b) For purposes of this section, an individual or

76 business organization may shall not be considered unlicensed for

77 failing to have an occupational license certificate issued under

78 the authority of chapter 205. A business organization may shall

79 not be considered unlicensed for failing to have a certificate

80 of authority as required by ss. 489.119 and 489.127. ForENROLLEDHB 1351, Engrossed 1 2006 LegislatureCODING: Words stricken are deletions; words underlined are additions.hb1351-04-erPage 4 of 10

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81 purposes of this section, a business organization entering into

82 the contract may not be considered unlicensed if, before the

83 date established by paragraph (c), an individual possessing a

84 license required by this part concerning the scope of the work

85 to be performed under the contract has submitted an application

86 for a certificate of authority designating that individual as a

87 qualifying agent for the business organization entering into the

88 contract, and the application was not acted upon by the

89 department or applicable board within the time limitations

90 imposed by s. 120.60.

91 Section 3. Subsections (21) and (22) are added to section

92 489.503, Florida Statutes, to read:

93 489.503 Exemptions.--This part does not apply to:94 (21) Alarm system inspections, audits, or quality

95 assurance services performed by a nationally recognized testing

96 laboratory that the Occupational Safety and Health

97 Administration has recognized as meeting the requirements of 2998 C.F.R. s. 1910.7.

99 (22) Any person who installs or repairs lightning rods or100 related systems.101 Section 4. Subsections (2), (7), (25), (27), and (28) of

102 section 489.505, Florida Statutes, are amended, and subsection

103 (29) is added to that section, to read:

104 489.505 Definitions.--As used in this part:

105 (2) "Alarm system contractor" means a person whose

106 business includes the execution of contracts requiring the

107 ability, experience, science, knowledge, and skill to lay out,ENROLLEDHB 1351, Engrossed 1 2006 LegislatureCODING: Words stricken are deletions; words underlined are additions.hb1351-04-erPage 5 of 10

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108 fabricate, install, maintain, alter, repair, monitor, inspect,

109 replace, or service alarm systems for compensation, including,

110 but not limited to, all types of alarm systems for all purposes.

111 This term also means any person, firm, or corporation that

112 engages in the business of alarm contracting under an expressed

113 or implied contract; that undertakes, offers to undertake,

114 purports to have the capacity to undertake, or submits a bid to

115 engage in the business of alarm contracting; or that by itself116 or by or through others engages in the business of alarm

117 contracting.

118 (a) "Alarm system contractor I" means an alarm system

119 contractor whose business includes all types of alarm systems

120 for all purposes.121 (b) "Alarm system contractor II" means an alarm system

122 contractor whose business includes all types of alarm systems

123 other than fire, for all purposes, except as herein provided.

124 (7) "Certified alarm system contractor" means an alarm

125 system contractor who possesses a certificate of competency

126 issued by the department. The scope of certification is limited

127 to alarm circuits originating in the alarm control panel and

128 equipment governed by the applicable provisions of Articles 725,

129 760, 770, 800, and 810 of the National Electrical Code, Current

130 Edition, and National Fire Protection Association Standard 72,

131 Current Edition. The scope of certification for alarm system

132 contractors also includes the installation, repair, fabrication,

133 erection, alteration, addition, or design of electrical wiring,

134 fixtures, appliances, thermostats, apparatus, raceways, andENROLLEDHB

1351, Engrossed 1 2006 LegislatureCODING: Words stricken are deletions; words underlined are additions.hb1351-04-erPage 6 of 10

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135 conduit, or any part thereof not to exceed 98 volts (RMS) 77

136 volts, when those items are for the purpose of transmitting data

137 or proprietary video (satellite systems that are not part of a

138 community antenna television or radio distribution system) or

139 providing central vacuum capability or electric locks; however,

140 this provision governing the scope of certification does not

141 create any mandatory licensure requirement.

142 (25) "Burglar alarm system agent" means a person:

143 (a) Who is employed by a licensed alarm system contractor144 or licensed electrical contractor;

145 (b) Who is performing duties which are an element of an

146 activity which constitutes alarm system contracting requiring

147 licensure under this part; and

148 (c) Whose specific duties include any of the following:

149 altering, installing, maintaining, moving, repairing, replacing,

150 servicing, selling onsite, or monitoring an intrusion or burglar

151 alarm system for compensation.

152 (27) "Monitoring" means to receive electrical or

153 electronic signals, originating from any structure building

154 within the state or outside the state, regardless of whether

155 those signals are relayed through a jurisdiction outside the

156 state, where such signals are, produced by any security,

157 medical, fire, or burglar alarm, closed circuit television

158 camera, access-control system, or related or similar protective

159 system and are intended by design to initiate a response

160 thereto. A person shall not have committed the act of

161 monitoring if:ENROLLEDHB 1351, Engrossed 1 2006 LegislatureCODING: Words stricken are deletions; words underlined are additions.hb1351-04-erPage 7 of 10

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162 (a) The person is an occupant of, or an employee working

163 within, protected premises;

164 (b) The person initiates emergency action in response to

165 hearing or observing an alarm signal;166 (c) The person's action is incidental to his or her

167 primary responsibilities; and168 (d) The person is not employed in a proprietary monitoring

169 facility, as defined by the National Fire Protection Association

170 pursuant to rule adopted under chapter 633.

171 (28) "Fire alarm system agent" means a person:

172 (a) Who is employed by a licensed fire alarm contractor or

173 certified unlimited electrical contractor;

174 (b) Who is performing duties which are an element of an

175 activity that constitutes fire alarm system contracting

176 requiring certification under this part; and

177 (c) Whose specific duties include any of the following:

178 altering, installing, maintaining, moving, repairing, replacing,

179 servicing, selling onsite, or monitoring a fire alarm system for

180 compensation.

181 (29) "Nationally recognized testing laboratory" means an

182 organization that the Occupational Safety and Health

183 Administration has legally recognized to be in compliance with

184 29 C.F.R. s. 1910.7 and that provides quality assurance, product185 testing, or certification services.

186 Section 5. Subsection (1) of section 489.513, Florida

187 Statutes, is amended to read:

188 489.513 Registration; application; requirements.--ENROLLEDHB 1351, Engrossed 1 2006 LegislatureCODING: Words stricken are deletions; words underlined are additions.hb1351-04-erPage 8 of 10

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189 (1) Any person engaged in the business of contracting in

190 the state shall be registered in the proper classification,

191 unless he or she is certified. Any person desiring to be a

192 registered contractor shall apply to the department for

193 registration and must:.

194 (a) Be at least 18 years old;

195 (b) Be of good moral character; and

196 (c) Meet eligibility requirements according to the

197 following criteria:

198 1. As used in this subsection, the term "good moral

199 character" means a personal history of honesty, fairness, and

200 respect for the rights of others and for state and federal law.

201 2. The board may determine that an individual applying for

202 registration is ineligible due to failure to satisfy the

203 requirement of good moral character only if:

204 a. There is a substantial connection between the lack of

205 good moral character of the individual and the professional

206 responsibilities of a registered contractor; and207 b. The finding by the board of lack of good moral

208 character is supported by clear and convincing evidence.

209 3. When an individual is found to be unqualified because

210 of lack of good moral character, the board must furnish such

211 individual a statement containing the findings of the board, a

212 complete record of evidence upon which the determination was

213 based, and a notice of the rights of the individual to a

214 rehearing and an appeal.ENROLLEDHB 1351, Engrossed 1 2006 LegislatureCODING: Words stricken are deletions; words underlined are additions.hb1351-04-erPage 9 of 10

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215 Section 6. Section 489.529, Florida Statutes, is amended
216 to read:

217 489.529 Alarm verification calls required.--All

218 residential or commercial intrusion/burglary alarms that have

219 central monitoring must have a central monitoring verification

220 call made to the premises generating the alarm signal, prior to

221 alarm monitor personnel contacting a law enforcement agency for

222 alarm dispatch. The central monitoring station must employ call

223verification methods for the premises generating the alarm

224 signal if the first call is not answered. However, if the

225 intrusion/burglary alarms have properly operating visual or

226 auditory sensors that enable the monitoring personnel to verify227 the alarm signal, verification calling is not required.

228 Section 7. Section 489.530, Florida Statutes, is amended

229 to read:

230 489.530 Audible alarms.--Every audible alarm system

231 installed by a licensed contractor shall have a device to

232 automatically terminate the audible signal within 15 minutes of

233 activation. A fire alarm system, whether installed voluntarily

234 or as a requirement of an adopted code, which employs an audible

235 fire signal is exempt as required by such code.

236 Section 8. Paragraph (a) of subsection (1) of section237 489.532, Florida Statutes, is amended to read:

238 489.532 Contracts entered into by unlicensed contractors

239 unenforceable.--

240 (1) As a matter of public policy, contracts entered into241 on or after October 1, 1990, by an unlicensed contractor shallENROLLEDHB 1351, Engrossed 1 2006 LegislatureCODING: Words stricken are deletions; words underlined are additions.hb1351-04-erPage 10 of 10

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242 be unenforceable in law or in equity by the unlicensed

243 contractor.

244 (a) For purposes of this section, an individual is

245 unlicensed if the individual does not have a license required by

246 this part concerning the scope of the work to be performed under

247 the contract. A business organization is unlicensed if the248 business organization does not have a primary or secondary

249 qualifying agent in accordance with this part concerning the

250 scope of the work to be performed under the contract. For

251 purposes of this section, if no state or local license is

252 required for the scope of work to be performed under the

253 contract, the individual performing that work shall not be

254 considered unlicensed.

255 Section 9. Sections 2 and 8 are intended to be remedial in

256 nature and to clarify existing law. Sections 2 and 8 shall apply

257 retroactively to all actions, including any action on a lien or

258 bond claim, initiated on or after, or pending as of, July 1,

259 2006. If the retroactivity of any provision of section 2 or

260 section 8 or its retroactive application to any person or

261 circumstance is held invalid, the invalidity does not affect the

262 retroactivity or retroactive application of other provisions of

263 sections 2 and 8.

264 Section 10. This act shall take effect July 1, 2006.



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CCTV central station monitoring is covered by the CCTV Sales contract.  It includes video monitoring and data storage at the central station facility.  For CCTV with local DVR you can still use the Sales contract, but it has no provision for CCTV monitoring by the the central station.

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