Florida 2024 Regular Session

Florida House Bill H0497 Latest Draft

Bill / Comm Sub Version Filed 02/06/2024

                               
 
CS/HB 497  	2024 
 
 
 
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A bill to be entitled 1 
An act relating to continuing education requirements; 2 
amending s. 455.2123, F.S.; requiring, rather than 3 
authorizing, a board, or the Department of Business 4 
and Professional Regulation when there is no board, to 5 
allow by rule that distance learning may be used to 6 
satisfy continuing education requirements; revising 7 
the requirements that such continuing education must 8 
satisfy; amending s. 455.2124, F.S.; requiri ng the 9 
board, or the department when there is no board, to 10 
exempt certain individuals from completing their 11 
continuing education requirements; providing 12 
applicability; requiring the department and each 13 
affected board to adopt rules; authorizing the 14 
department to adopt emergency rules; specifying time 15 
in which such emergency rules are effective; 16 
authorizing renewal of such emergency rules in certain 17 
circumstances; 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     
 
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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, 41 
may: 42 
 (a)(1) Prorate continuing education for new licensees by 43 
requiring half of the required continuing education for any 44 
applicant who becomes licensed with more than half the renewal 45 
period remaining and no continui ng education for any applicant 46 
who becomes licensed with half or less than half of the renewal 47 
period remaining; or 48 
 (b)(2) Require no continuing education until the first 49 
full renewal cycle of the licensee. 50     
 
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 51 
These options shall also apply when continuing education is 52 
first required or the number of hours required is increased by 53 
law or the board, or the department when there is no board. 54 
 (2)(a)  A board, or the department when there is no board, 55 
shall exempt an individual from completing the continuing 56 
education required for renewal of a license for a renewal period 57 
if: 58 
 1.  The individual holds an active license issued by the 59 
board or the department to practice the profession. 60 
 2.  The individual has continuously held the license for at 61 
least 10 years. 62 
 3.  Disciplinary action has not been imposed on the 63 
individual's license. 64 
 (b)  This subsection does not apply to: 65 
 1.  Engineers regulated by chapter 471; 66 
 2.  Certified public accountants regulated by chapter 473; 67 
 3.  Brokers, broker associates, and sales associates 68 
regulated by part I of chapter 475; 69 
 4.  Appraisers regulated by part II of chapter 475; 70 
 5.  Architects or interior designers regulated by part I of 71 
chapter 481; or 72 
 6.  Contractors regulated by chapter 489. 73 
 (3)  The department and each affected board shall adopt 74 
rules pursuant to ss. 120.536(1) and 120.54 to implement this 75     
 
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section. 76 
 Section 3.  (1)  The Department of Business and 77 
Professional Regulation is authorized, and all conditions are 78 
deemed to be met, to adopt emergency rules pursuant to s. 79 
120.54(4), Florida Statutes, for the purpose of implementing the 80 
amendments made by this act to s. 455.2124, Florida Statutes, 81 
including establishing procedures to facilitate the exemption 82 
for eligible individuals from completing continuing education. 83 
 (2)  Notwithstanding any other law, emergency rules adopted 84 
pursuant to subsection (1) are effective for 6 months after 85 
adoption and may be renewed during the pendency of procedures to 86 
adopt permanent rules add ressing the subject of the emergency 87 
rules. 88 
 (3)  This section expires on January 1, 2026. 89 
 Section 4.  This act shall take effect July 1, 2024. 90