Re: Florida Statute According to RLB

[shb*NO*SPAM*@comporium.net (Si Ballenger)]

On Wed, 27 Dec 2006 09:07:18 GMT, Frank Olson
<Use_the_email_links@xxxxxxxxxxxxxxxxxxxxxx> wrote:

>> As best as I remember an "alarm station" inside of Florida where
>> alarms are received and handled requires licensing, and alarm
>> stations outside of Florida are specifically exempted from
>> Florida's jurisdiction concerning Florida alarm station
>> licensing.
>
>You are wrong.  Monitoring stations that provide service to residents of
>Florida (and dispatch Florida based emergency services) require the same
>licensing as a facility that operates within Florida and their personnel
>require licensing as well.

Notice that the regulations are for "alarm system contractors in
this state". If someone in Florida signs a monitoring contract
with Guido's Protection Services of New Jersey which is located
only in New Jersey, and is not a contractor in Florida, please
show where Florida can take any action agains Guido. The same
would be true for Rasheed's Southern India Alarm Service.

489.501  Purpose.--The Legislature deems it necessary in the
interest of public health, safety, and welfare to regulate the
electrical and alarm system contractors in this state. This
regulation seeks to enable qualified persons to obtain licensure,
while ensuring that applicants have sufficient technical
experience in the applicable trade prior to licensure, are tested
on technical and business matters, and upon licensure are made
subject to disciplinary procedures and effective policing of the
profession.

>> Also as best as I remember (may be worth verifying)
>> acting solely as a broker for alarm services is also exempt from
>> alarm related licensing in Florida. A lot of alarm brokers are
>> licensed for one reason or another (looks good in a yellow pages
>> ad), but I don't think it is a requirement.
>
>You're wrong again.  An individual that contracts for monitoring
>services in Florida (executes agreements and receives compensation for
>providing those services) falls within the jurisdiction of the Florida
>Statute.  It doesn't matter if one of the parties to the contract may be
>"out of state".

A broker does not necessarily a party to a contract or execute
any agreement. The contract is executed when the involved parties
sign the agreement. Handling the contract paperwork in itself
does not make one a party to the executed contract. If the
broker/secretary/mailman who delivers the contract for execution
by the involved partys is not specifically named in the contract
as a party to the contract, then they are not engaging in
"contracting". If somebody is some how part of fulfilling the
contract actions (collecting monthly payments, acting as an
intermediary for contract fulfillment, etc), then they probably
would be considered to be "contracting".

>> Maybe they were quadrupling the price, who knows. Bottom line is
>> that when the lower equipment prices were posted on the net, a
>> lot of alarm installers started squealing like stuck pigs.
>
>Really??  I never heard a single "oink".

Then what's their problem???