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: 24 455.2123Continuing 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: 40 455.2124Proration 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 individuals 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.