FLORIDA STATUTES for Electrical and Alarm Contractors regarding the hiring of employees

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 489
CONTRACTING
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“489.503 Exemptions.—

(b) The legislative intent of this subsection is to place equal responsibility on the unlicensed business and its employees for the protection of the consumers in contracting transactions.

For the purpose of this part, “employee” is defined as a person who receives compensation from, and is under the supervision and control of, an employer who regularly deducts the F.I.C.A. and withholding tax and provides workers’ compensation, all as prescribed by law.”

In previous columns we discussed why you need a license for electrical and alarm contracting in Florida, primarily because it is the law. In this message we will explain why you as a Florida electrical or alarm contractor MAY ONLY HIRE EMPLOYEES WHO ARE W2…NOT 1099!, because it also is the law.

What!? …No 1099 employees?! You read that right. You MUST hire employees in electrical and alarm contracting as W2 employees, even if they are only involved in sales (or any other duties).

The ONLY time you as a Florida electrical or alarm contractor can use a 1099 is for hiring another fully licensed and insured contractor to perform services for your firm.

We call your attention to employee definitions:

489.505 Definitions.—As used in this part:

(25) “Burglar alarm system agent” means a person:

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

(b) Who is performing duties which are an element of an activity which constitutes alarm system contracting requiring licensure under this part; and

(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.

(28) “Fire alarm system agent” means a person:

(a) Who is employed by a licensed fire alarm contractor or certified unlimited electrical contractor;

(b) Who is performing duties which are an element of an activity that constitutes fire alarm system contracting requiring certification under this part; and

(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.

Under further statutes F.S. 489.518 and 489.5185 it states that within 90 days of hire you must have the employee complete the 14 hour initial training followed by a 6 hour renewal course every two years along with an updated fingerprint and background check through the Florida Department of Law Enforcement. NO EXECEPTIONS!

Disclaimer: The AAF by Board policy directive does not monitor or report any violations apparent or concealed to the State of Florida and maintains a neutral advisory status for contractors and members. The Alarm Association of Florida is hereby disseminating statue information and will not be a part of any administrative reporting or state Electrical Contractors’ Licensing Board action in keeping with that AAF Board policy.

More laws next month!

Bob Neely

Executive Director

Alarm Association of Florida