Re: Florida Statute According to RLB

["Don" <don@xxxxxx>]

"Bob Worthy" <securinc@xxxxxxxxxxxxx> wrote in message
news:b_Xih.5000$AY1.4041@xxxxxxxxxxxxxxxxxxxxxxxxx
> To answer your question from the "free estimate" thread, you have not
> posted
> the part of the statute that pertains to why you think you are exempt from
> your extra curricular business activities which are above and beyond
> internet sales.
>
>

PART II

ELECTRICAL AND ALARM SYSTEM
CONTRACTING

489.503  Exemptions.--This part does not apply to:

(5)  The sale or installation of any finished products, materials, or
articles of merchandise which are not actually fabricated into, and do not
become a permanent fixed part of, the structure. This subsection shall not
be construed to limit the exemptions provided in subsection (6).

SEEMS THAT WHAT RLB IS SELLING DOES BECOME A :FIXED PART OF THE STRUCTURE"
SO EXEMPTION DOES NOT APPLY.

489.505  Definitions.--As used in this part:

(2)  "Alarm system contractor" means a person whose business includes the
execution of contracts requiring the ability, experience, science,
knowledge, and skill to lay out, fabricate, install, maintain, alter,
repair, monitor, inspect, replace, or service alarm systems for
compensation, including, but not limited to, all types of alarm systems for
all purposes.

DOES A DIY KNOW HOW TO DO THESE THINGS WITHOUT RLB HELP?

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

(c)  Whose specific duties include any of the following: altering,
installing, maintaining, moving, repairing, replacing, servicing, selling,
or monitoring an intrusion or burglar alarm system for compensation.

NOTE "SELLING" ABOVE AND BELOW

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

c)  Whose specific duties include any of the following: altering,
installing, maintaining, moving, repairing, replacing, servicing, selling,
or monitoring a fire alarm system for compensation.

489.513  Registration; application; requirements.--

(1)  Any person engaged in the business of contracting in the state shall be
registered in the proper classification unless he or she is certified. Any
person desiring to be a registered contractor shall apply to the department
for registration and must:

489.518  Alarm system agents.--

(1)  A licensed electrical or alarm system contractor may not employ a
person to perform the duties of a burglar alarm system agent unless the
person:

b)  Has successfully completed a minimum of 14 hours of training, to include
basic alarm system electronics in addition to related training including
CCTV and access control training, with at least 2 hours of training in the
prevention of false alarms. Such training shall be from a board-approved
provider, and the employee or applicant for employment shall provide proof
of successful completion to the licensed employer. The board shall by rule
establish criteria for the approval of training courses and providers and
may by rule establish criteria for accepting alternative nonclassroom
education on an hour-for-hour basis. The board shall approve providers that
conduct training in other than the English language. The board shall
establish a fee for the approval of training providers or courses, not to
exceed $60. Qualified employers may conduct training classes for their
employees, with board approval.

489.5185  Fire alarm system agents.--

(b)  Has successfully completed a minimum of 14 hours of initial training,
to include basic fire alarm system technology in addition to related
training in National Fire Protection Association (NFPA) codes and standards
and access control training, with at least 2 hours of training in the
prevention of false alarms. Such training must be from a board-approved
provider, and the employee or applicant for employment must provide proof of
successful completion to the licensed employer. The board, by rule, shall
establish criteria for the approval of training courses and providers. The
board shall approve qualified providers that conduct training in other than
the English language. The board shall establish a fee for the approval of
training providers, not to exceed $200, and a fee for the approval of
courses at $25 per credit hour, not to exceed $100 per course.

489.531  Prohibitions; penalties.--

(1)  A person may not:

(a)  Practice contracting unless the person is certified or registered;

(f)  Knowingly give false or forged evidence to the department, the board,
or a member thereof;

h)  Conceal information relative to violations of this part;

j)  Willfully or deliberately disregard or violate any municipal or county
ordinance relating to uncertified or unregistered contractors.

THEN THERE IS THE PART ABOUT POSTING YOU LICENSE NUMBER ON YOUR WEBSITE.
AND WHAT ABOUT THE PART ABOUT NOT COMPLETING CONTRACTS PAID FOR?  SOME OF
THOSE BBB COMPLAINTS COULD BE CONSTRUED AS UNFINISHED CONTRACTS.

Am I close Bob?