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.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
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.
51
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.