Florida Senate - 2024                              CS for SB 382
       By the Committee on Regulated Industries; and Senator Hooper
       580-01855-24                                           2024382c1
    1                        A bill to be entitled                      
    2         An act relating to continuing education requirements;
    3         amending s. 455.2123, F.S.; requiring, rather than
    4         authorizing, a board, or the Department of Business
    5         and Professional Regulation when there is no board, to
    6         allow by rule that distance learning may be used to
    7         satisfy continuing education requirements; revising
    8         the requirements that such continuing education must
    9         satisfy; providing applicability; amending s.
   10         455.2124, F.S.; requiring the board, or the department
   11         when there is no board, to exempt certain individuals
   12         from completing their continuing education
   13         requirements; providing applicability; requiring the
   14         department and each affected board to adopt rules;
   15         authorizing the department to adopt emergency rules;
   16         providing requirements and an expiration date for the
   17         emergency rules; providing for the expiration of such
   18         rulemaking authority; providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Section 455.2123, Florida Statutes, is amended
   23  to read:
   24         455.2123 Continuing education.—A board, or the department
   25  when there is no board, shall allow may provide by rule that
   26  distance learning may be used to satisfy continuing education
   27  requirements. A board, or the department when there is no board,
   28  shall approve distance learning courses as an alternative to
   29  classroom courses to satisfy continuing education requirements.
   30  A board, or the department when there is no board, provided for
   31  in part VIII, part XV, or part XVI of chapter 468 or part I or
   32  part II of chapter 475 and may not require centralized
   33  examinations for completion of continuing education requirements
   34  for the professions licensed under part VIII, part XV, or part
   35  XVI of chapter 468 or part I or part II of chapter 475. This
   36  section does not apply to any medical board or department
   37  regulated by the Department of Health.
   38         Section 2. Section 455.2124, Florida Statutes, is amended
   39  to read:
   40         455.2124 Proration of or not requiring continuing
   41  education.—
   42         (1) A board, or the department when there is no board, may:
   43         (a)(1) Prorate continuing education for new licensees by
   44  requiring half of the required continuing education for any
   45  applicant who becomes licensed with more than half the renewal
   46  period remaining and no continuing education for any applicant
   47  who becomes licensed with half or less than half of the renewal
   48  period remaining; or
   49         (b)(2) Require no continuing education until the first full
   50  renewal cycle of the licensee.
   52  These options shall also apply when continuing education is
   53  first required or the number of hours required is increased by
   54  law or the board, or the department when there is no board.
   55         (2)(a) A board, or the department when there is no board,
   56  shall exempt an individual from completing the continuing
   57  education required for renewal of a license for a renewal period
   58  if:
   59         1. The individual holds an active license issued by the
   60  board or department to practice the profession;
   61         2. The individual has continuously held the license for at
   62  least 10 years; and
   63         3. No disciplinary action is imposed on the individual’s
   64  license.
   65         (b) This subsection does not apply to certified public
   66  accountants regulated pursuant to chapter 473, to appraisers
   67  regulated pursuant to part II of chapter 475, to architects or
   68  interior designers regulated pursuant to chapter 481, to
   69  contractors regulated pursuant to chapter 489, or to any medical
   70  board or department regulated by the Department of Health.
   71         (3) The department and each affected board shall adopt
   72  rules pursuant to ss. 120.536(1) and 120.54 to implement this
   73  section.
   74         Section 3. (1) The department is authorized, and all
   75  conditions are deemed to be met, to adopt emergency rules
   76  pursuant to s. 120.54(4), Florida Statutes, for the purpose of
   77  implementing the amendments made by this act to s. 455.2124,
   78  Florida Statutes, including establishing procedures to
   79  facilitate the exemption for eligible individuals from
   80  completing continuing education.
   81         (2) Notwithstanding any other law, emergency rules adopted
   82  pursuant to subsection (1) are effective for 6 months after
   83  adoption and may be renewed during the pendency of procedures to
   84  adopt permanent rules addressing the subject of the emergency
   85  rules.
   86         (3) This section expires January 1, 2026.
   87         Section 4. This act shall take effect July 1, 2024.