This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0497.RRS
DATE: 2/2/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 497 Continuing Education Requirements
SPONSOR(S): Melo and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
Herrera Anstead
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Department of Business and Professional Regulation (DBPR), through several divisions, regulates and
licenses various businesses and professions in Florida. Each profession is regulated by an individual practice
act and by ch. 455, F.S., which provide regulatory and licensure authority. Generally, to act as a regulated
professional, a person must hold an appropriate license. Applicants for licensure for each profession must
meet specific statutory requirements, including education and/or experience requirements, and must pay all
applicable licensing and application fees. Licensees who wish to renew their license must pay a license
renewal fee
and may be subject to continuing education requirements
and other conditions in the various
practice acts.
A board, or the DBPR in the absence of a board, may provide by rule that distance learning may be used to
satisfy continuing education requirements. However, a board or the DBPR must approve distance learning
courses as an alternative to classroom courses to satisfy continuing education requirements for persons
licensed to engage in community association management services, home inspection services, mold-related
services, real estate services (i.e., brokers, sales associates, and schools), and real estate appraisal services.
In addition, for these specified professions, a board or the DBPR may not require centralized examinations for
completion of continuing education requirements.
The bill requires that a board, or DBPR in the absence of a board, allow distance learning as an alternative to
classroom courses for satisfying continuing education requirements. However, the bill clarifies that medical
boards or departments regulated by the Department of Health are excluded from the application of distance
learning for fulfilling continuing education requirements.
Additionally, the bill requires professional boards, or the DBPR if there is no board, to exempt an individual
from completing the continuing education required for renewal of a license for a renewal period if:
The individual holds an active license issued by the board or the DBPR to practice the profession;
The individual has continuously held the license for at least 10 years; and
No disciplinary action is imposed on the individual’s license.
The bill requires that DBPR and each relevant board adopt rules, as outlined in ss. 120.536(1) and 120.54,
F.S., to implement the provisions of this section.
The fiscal impact on state government expenditures and the private sector is indeterminate. There is no fiscal
impact expected on local government or state government revenues.
The bill provides an effective date of July 1, 2024.
STORAGE NAME: h0497.RRS PAGE: 2
DATE: 2/2/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Department of Business and Professional Regulation
Professional Licensure
The Department of Business and Professional Regulation (DBPR), through several divisions, regulates
and licenses various businesses and professions in Florida.
1
DBPR has authority over the following professional boards and programs:
• Board of Architecture and Interior Design;
• Board of Auctioneers;
• Barbers’ Board;
• Building Code Administrators and Inspectors Board;
• Construction Industry Licensing Board;
• Board of Cosmetology;
• Electrical Contractors’ Licensing Board;
• Board of Employee Leasing Companies;
• Board of Landscape Architecture;
• Board of Pilot Commissioners;
• Board of Professional Geologists;
• Board of Veterinary Medicine;
• Home inspection services licensing program;
• Mold-related services licensing program;
• Florida Board of Professional Engineers;
• Board of Accountancy;
• Florida Real Estate Commission; and
• Florida Real Estate Appraisal Board.
2
Each profession is regulated by an individual practice act and by ch. 455, F.S., which provide
regulatory and licensure authority. Generally, to act as a regulated professional, a person must hold an
appropriate license. Applicants for licensure for each profession must meet specific statutory
requirements, including education and/or experience requirements, and must pay all applicable
licensing and application fees.
3
Licensees who wish to renew their license must pay a license renewal
fee
4
and may be subject to continuing education requirements
5
and other conditions in the various
practice acts.
Powers and Duties of the DBPR
Ch. 455, F.S., applies to the regulation of professions constituting “any activity, occupation, profession,
or vocation regulated by the [DBPR] in the Divisions of Certified Public Accounting, Professions, Real
Estate, and Regulation.”
6
The chapter also provides the procedural and administrative framework for
those divisions and the professional boards within the DBPR.
7
The term “profession” means any activity, occupation, profession, or vocation regulated by the DBPR in
the Divisions of Certified Public Accounting, Professions, Real Estate, and Regulation.
8
1
S. 20.165, F.S.
2
S. 20.165(1)-(4), F.S.
3
S. 455.201, F.S.
4
S. 455.203, F.S.
5
S. 455.2123, F.S.
6
Section 455.01(6), F.S.
7
See s. 455.203, F.S. The DBPR must also provide legal counsel for boards within the DBPR by contracting with the Department of
Legal Affairs, by retaining private counsel, or by staff counsel of the DBPR. See s. 455.221(1), F.S.
8
S. 455.01(6), F.S. STORAGE NAME: h0497.RRS PAGE: 3
DATE: 2/2/2024
The DBPR’s regulation of professions is to be undertaken “only for the preservation of the health,
safety, and welfare of the public under the police powers of the state.”
9
Regulation is required when:
The potential for harming or endangering public health, safety, and welfare is recognizable and
outweighs any anticompetitive impact that may result;
The public is not effectively protected by other state statutes, local ordinances, federal
legislation, or other means; and
Less restrictive means of regulation are not available.
10
However, the DBPR and its boards may not create a regulation that has an unreasonable effect on job
creation or job retention or a regulation that unreasonably restricts the ability of those desiring to
engage in a profession or occupation from finding employment.
11
Ch. 455, F.S., provides the general powers of the DBPR and sets forth the procedural and
administrative framework for all of the professional boards housed under the DBPR as well as the
Divisions of Certified Public Accounting, Professions, Real Estate, and Regulation.
12
When a person is authorized to engage in a profession or occupation in Florida, the DBPR issues a
“permit, registration, certificate, or license” to the licensee.
13
DBPR has the authority to charge license
fees and license renewal fees.
14
Each board within the DBPR must determine by rule the amount of
license fees for each profession, based on estimates of the required revenue to implement the
regulatory laws affecting the profession.
15
However, the general licensing provisions for professions were revised for Fiscal Years 2023-2024 and
2024-2025,
16
to direct the DBPR to waive a portion of certain license fees for the professions regulated
under ch. 455, F.S., as follows:
50 percent of the initial licensing fee for those applying for an initial license, up to $200 per year
per license; and
50 percent of the license renewal fee for those renewing licenses, up to $200 per year per
license.
The fee waivers may not include any applicable unlicensed activity or background check fees.
Continuing Education Course Requirements
A board, or the DBPR in the absence of a board, may provide by rule that distance learning may be
used to satisfy continuing education requirements. However, a board or the DBPR must approve
distance learning courses as an alternative to classroom courses to satisfy continuing education
requirements for persons licensed to engage in community association management services,
17
home
inspection services,
18
mold-related services,
19
real estate services (i.e., brokers, sales associates, and
schools),
20
and real estate appraisal services.
21
In addition, for these specified professions, a board or
the DBPR may not require centralized examinations for completion of continuing education
requirements.
9
S. 455.201(2), F.S.
10
Id.
11
S. 455.201(4)(b), F.S.
12
See s. 455.203, F.S. The DBPR must also provide legal counsel for boards within the DBPR by contracting with the Department of
Legal Affairs, by retaining private counsel, or by providing DBPR staff counsel. See s. 455.221(1), F.S.
13
S. 455.01(4) and (5), F.S.
14
S. 455.203 and 455.213, F.S.
15
S. 455.219(1), F.S.
16
See s. 455.213(15), F.S. For Fiscal Year 2023-2024, the sum of $50 million in nonrecurring funds was appropriated from the General
Revenue Fund to the DBPR to implement the fee waiver, with any unexpended funds to be used during Fiscal Year 2024-2025 for the
same purpose. See ch. 2063-68, Laws of Fla.
17
See part VIII of ch. 468, F.S.
18
See part XV of ch. 468, F.S.
19
See part XVI of ch. 468, F.S.
20
See part I of ch. 475, F.S.
21
See part II of ch. 475, F.S. STORAGE NAME: h0497.RRS PAGE: 4
DATE: 2/2/2024
However, the following boards have no continuing education requirements
22
:
Board of Auctioneers
23
Talent Agencies
24
Athlete Agents
25
Board of Employee Leasing Companies
26
Board of Professional Geologists
27
The terms “distance learning” and “distance-learning” are not defined in ch. 455, F.S., or elsewhere in
the Florida Statutes as of the date of this analysis. However, a rule adopted by the Florida Real Estate
Appraisal Board provides the term “distance education” means “education that takes place when the
learner is separated from the source of instruction by time and/or distance.”
28
Renewal and Proration of Continuing Education Courses
A board, or the DBPR in the absence of a board, has the authority to prorate continuing education for
new licensees as follows:
Half of the required continuing education for an applicant who becomes licensed with more than
half of the renewal period remaining.
No continuing education requirement for any applicant who becomes licensed with half or less
than half of the renewal period remaining.
Effect of the Bill
The bill requires that a board, or DBPR in the absence of a board, allow distance learning as an
alternative to classroom courses for satisfying continuing education requirements. However, the bill
clarifies that medical boards or departments regulated by the Department of Health are excluded from
the application of distance learning for fulfilling continuing education requirements.
Additionally, the bill requires professional boards, or the DBPR if there is no board, to exempt an
individual from completing the continuing education required for renewal of a license for a renewal
period if:
The individual holds an active license issued by the board or the DBPR to practice the
profession;
The individual has continuously held the license for at least 10 years; and
No disciplinary action is imposed on the individual’s license.
The bill requires that DBPR and each relevant board adopt rules, as outlined in ss. 120.536(1) and
120.54, F.S., to implement the provisions of this section
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
22
DBPR, Agency Analysis of 2024 SB 382, p. 2 (Nov. 21, 2023).
23
Ch. 468, Part VI, F.S.
24
Ch. 468, Part VII, F.S.
25
Ch. 468, Part IX, F.S.
26
Ch. 468, Part XI, F.S.
27
Ch. 492, F.S.
28
In addition, the Florida Real Estate Commission (FREC) has issued its Distance Education Checklist at
http://www.myfloridalicense.com/dbpr/re/documents/frec_distance_ed_chk_list.pdf (last visited Jan. 31, 2024), which lists the
information required to be submitted by education providers seeking to offer FREC educational courses via distance education. The
Checklist provides “[d]istance learning necessitates a high level of self-direction and should, therefore, require students to read, conduct
research, complete timed exams and similar assignments, designed to measure the student’s competency relative to the required
subject matter objectives.” See also other rules referencing similar but undefined terms, such as Fla. Admin. Code R. 64B15-13.001 (a
Board of Osteopathic Medicine rule that provides “CME courses may be obtained in any format, including in a distance learning format,
provided that the format includes an ability to interact with the presenter of the course;” and Fla. Admin. Code R. 61G4-18.001, (a
Construction Industry Licensing Board rule that requires “at least 14 classroom or interactive distance learning hours of continuing
education in one or more courses from a continuing education provider approved by the Board.”). STORAGE NAME: h0497.RRS PAGE: 5
DATE: 2/2/2024
Section 1: Amends s. 455.2123, F.S., relating to continuing education.
Section 2: Amends s. 455.2124, F.S., relating to proration of or not requiring continuing education.
Section 3: Providing an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate effect on state government expenditures because DBPR must
assess license holders for disciplinary actions before each profession's renewal cycles to determine
which licensees must fulfill continuing education (CE) requirements for renewal. This assessment
will influence CE renewal notifications, as well as the functioning of the Versa Regulation (VR) and
Versa Online (VO) systems, and renewal processing. However, DBPR believes any potential
effects could be managed within existing resources.
29
Moreover, the fiscal impact on the service operations division remains indeterminate. The CE
exemption for eligible licenses is expected to decrease call volumes to the Customer Contact
Center during peak renewal periods. However, the precise number of potentially exempted
licensees who historically contacted the Customer Contact Center regarding CE reporting to the
department cannot be determined at this time.
30
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The fiscal impact on the private sector is indeterminate. Continuing education providers may
experience a decrease in revenue because of licensees being exempt from continuing education
requirements if certain requirements are met. While, licensees may experience a decrease in
expenditures as a result of being able to complete more continuing education via distance learning, as
well as being exempt from continuing education requirements if certain requirements are met.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
29
DBPR, Agency Analysis of 2024 SB 382, p. 7 (Nov. 21, 2023).
30
Id. STORAGE NAME: h0497.RRS PAGE: 6
DATE: 2/2/2024
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill requires rulemaking by the DBPR and the affected board, and authorizes emergency
rulemaking by DBPR pending the adoption of permanent rules to implement the exemption from
continuing education requirements granted to eligible licensees.
C. DRAFTING ISSUES OR OTHER COMMENTS:
DBPR recommends that the following professions be excluded from the provisions of the bill, so that
the affected licensees will be kept informed of laws, rules, and industry advancements to protect the
health, safety, and welfare of the public, and the portability of such licensing for use in other
jurisdictions will be maintained
31
:
Certified Public Accountants
32
;
Veterinary Medicine;
Landscape Architecture;
Cosmetology and Barbers;
Building Code Administrators and Inspectors;
Community Association Managers; and
Construction Contractors.
Section 2 of the bill would put the State of Florida’s appraisal program out of compliance with federal
standards. If Florida’s appraisal program is out of compliance with federal standards, the appraisers
licensed in Florida may not be able to perform work outside of Florida, and the federal government
could potentially impose fines against the State of Florida.
33
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
31
Id. at 9.
32
DBPR’s General Counsel’s Office indicates that 30 to 40 percent of prosecutions of certified public accountants (CPAs) involve the
failure to meet continuing education requirements, so the elimination of the continuing education requirement for CPAs who have held
active licenses continuously for at least 10 years with no disciplinary action imposed on the license could result in fewer violations and
prosecutions. Id. at 10.
33
Id. at 9.