Florida Senate - 2024                       CS for CS for SB 382
       By the Committees on Governmental Oversight and Accountability;
       and Regulated Industries; and Senator Hooper
       585-02145-24                                           2024382c2
    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; amending s. 455.2124, F.S.; requiring the
   10         board, or the department when there is no board, to
   11         exempt certain individuals from completing their
   12         continuing education requirements; providing
   13         applicability; requiring the department and each
   14         affected board to adopt rules; authorizing the
   15         department to adopt emergency rules; providing
   16         requirements and an expiration date for the emergency
   17         rules; providing for the expiration of such rulemaking
   18         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.
   36         Section 2. Section 455.2124, Florida Statutes, is amended
   37  to read:
   38         455.2124 Proration of or not requiring continuing
   39  education.—
   40         (1) A board, or the department when there is no board, may:
   41         (a)(1) Prorate continuing education for new licensees by
   42  requiring half of the required continuing education for any
   43  applicant who becomes licensed with more than half the renewal
   44  period remaining and no continuing education for any applicant
   45  who becomes licensed with half or less than half of the renewal
   46  period remaining; or
   47         (b)(2) Require no continuing education until the first full
   48  renewal cycle of the licensee.
   50  These options shall also apply when continuing education is
   51  first required or the number of hours required is increased by
   52  law or the board, or the department when there is no board.
   53         (2)(a) A board, or the department when there is no board,
   54  shall exempt an individual from completing the continuing
   55  education required for renewal of a license for a renewal period
   56  if:
   57         1. The individual holds an active license issued by the
   58  board or department to practice the profession;
   59         2. The individual has continuously held the license for at
   60  least 10 years; and
   61         3. No disciplinary action is imposed on the individual’s
   62  license.
   63         (b) This subsection does not apply to engineers regulated
   64  pursuant to chapter 471, certified public accountants regulated
   65  pursuant to chapter 473, to appraisers regulated pursuant to
   66  part II of chapter 475, to architects or interior designers
   67  regulated pursuant to chapter 481, or to contractors regulated
   68  pursuant to chapter 489.
   69         (3) The department and each affected board shall adopt
   70  rules pursuant to ss. 120.536(1) and 120.54 to implement this
   71  section.
   72         Section 3. (1) The Department of Business and Professional
   73  Regulation is authorized, and all conditions are deemed to be
   74  met, to adopt emergency rules pursuant to s. 120.54(4), Florida
   75  Statutes, for the purpose of implementing the amendments made by
   76  this act to s. 455.2124, Florida Statutes, including
   77  establishing procedures to facilitate the exemption for eligible
   78  individuals from completing continuing education.
   79         (2) Notwithstanding any other law, emergency rules adopted
   80  pursuant to subsection (1) are effective for 6 months after
   81  adoption and may be renewed during the pendency of procedures to
   82  adopt permanent rules addressing the subject of the emergency
   83  rules.
   84         (3) This section expires January 1, 2026.
   85         Section 4. This act shall take effect July 1, 2024.