The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability
BILL: CS/SB 382
INTRODUCER: Regulated Industries Committee and Senator Hooper
SUBJECT: Continuing Education Requirements
DATE: January 12, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Fav/CS
2. McVaney McVaney GO Pre-meeting
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 382 revises the continuing education requirements for all persons licensed by the Florida
Department of Business and Professional Regulation (DBPR) or its regulatory boards to require
that distance learning
1
courses be allowed as an alternate method of satisfying continuing
education requirements. The bill maintains the prohibition in current law that a board, or the
DBPR when there is no board, may not require centralized examinations for continuing
education 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. The changes included in the bill do not apply to
certified public accountants, real estate appraisers, architects and interior designers, contractors,
or to any medical board or department regulated by the Department of Health.
Under current law, whether distance learning courses must be approved to satisfy continuing
education requirements depends upon the type of profession. Such approval is mandated 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. For all other licensees regulated by professional boards or the
DBPR under ch. 455, F.S., distance learning courses may be, but are not required to be, approved
as an alternate method of satisfying continuing education requirements.
1
The terms “distance learning” and “distance-learning” appear infrequently in the Florida Statutes and administrative rules
and are not defined in the Florida Statutes as of the date of this analysis.
REVISED: BILL: CS/SB 382 Page 2
Under the bill, a licensee renewing an active license with DBPR that has been held continuously
for at least 10 years is exempted from the obligation to complete any continuing education,
provided no disciplinary action is imposed on the license.
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.
The impact on state revenues and expenditures is indeterminate. There is no impact expected on
local government revenues and expenditures. See Section V.
The bill takes effect July 1, 2024.
II. Present Situation:
Chapter 455, F.S., provides for the regulation of professions by the Department of Business and
Professional Regulation (DBPR).
Department of Business and Professional Regulation
Organization of the DBPR
Section 20.165, F.S., establishes the organizational structure of the DBPR, which has the
following 11 divisions:
Administration;
Alcoholic Beverages and Tobacco;
Certified Public Accounting;
Drugs, Devices, and Cosmetics;
Florida Condominiums, Timeshares, and Mobile Homes;
Hotels and Restaurants;
Professions;
Real Estate;
Regulation;
Service Operations; and
Technology.
The Florida Athletic Commission is assigned to the DBPR for administrative and fiscal
accountability purposes only.
2
The DBPR also administers the Child Labor Law and Farm Labor
Contractor Registration Law.
3
Powers and Duties of the DBPR
Chapter 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,
2
Section 548.003(1), F.S.
3
See Parts I and III of ch. 450, F.S. BILL: CS/SB 382 Page 3
Professions, Real Estate, and Regulation.”
4
The chapter also provides the procedural and
administrative framework for those divisions and the professional boards within the DBPR.
5
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.
6
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.”
7
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.
8
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.
9
Chapter 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.
10
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.
11
Sections 455.203 and 455.213,
F.S., establish general licensing authority for the DBPR, including the authority to charge license
fees and license renewal fees. 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.
12
However, the general licensing provisions for professions were revised for Fiscal Years 2023-
2024 and 2024-2025,
13
to direct the DBPR to waive a portion of certain license fees for the
professions regulated under ch. 455, F.S., as follows:
4
Section 455.01(6), F.S.
5
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.
6
Section 455.01(6), F.S.
7
Section 455.201(2), F.S.
8
Id.
9
Section 455.201(4)(b), F.S.
10
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.
11
Section 455.01(4) and (5), F.S.
12
Section 455.219(1), F.S.
13
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. BILL: CS/SB 382 Page 4
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.
Division of Certified Public Accounting
In Fiscal Year 2021-2022, there were 38,541 active licensees in the DBPR’s Division of
Certified Public Accounting.
14
Division of Professions
In Fiscal Year 2021-2022, the DBPR’s Division of Professions, had 937,960 active licensees (of
which 38,541 were licensed accountants; 66,936 were licensed engineers, and 345,026 were real
estate-related licensees), including:
15
Accountants (CPAs);
Architects and interior designers;
Asbestos consultants and contractors;
Athlete agents;
Auctioneers;
Barbers;
Building code administrators and inspectors;
Community association managers;
Construction industry contractors;
Cosmetologists;
Electrical contractors;
Employee leasing companies;
Engineers;
Geologists;
Home inspectors;
Pilot commissioners;
Landscape architects;
Mold-related services;
Real estate appraisers;
Real estate (brokers/associates);
Talent agencies; and
Veterinarians.
As noted by the DBPR, most professions regulated by the Division of Professions include a
governing professional board responsible for ultimate licensing and disciplinary decisions, but
14
See Department of Business and Professional Regulation, Annual Report, Fiscal Year 2021-2022, at page 18, at
http://www.myfloridalicense.com/DBPR/os/documents/Division%20Annual%20Report%20FY%2021-22.pdf (last visited
Jan. 9, 2024), which is the latest such Annual Report issued by the DBPR.
15
Id. BILL: CS/SB 382 Page 5
the DBPR is responsible for licensing and regulating asbestos consultants and contractors, athlete
agents, community association managers, home inspectors, mold-related professionals, and talent
agencies.
16
Unlike most DBPR professions, the administrative, investigative, and prosecutorial services for
the Florida Board of Professional Engineering (FBPE) are not provided by the DBPR. The
DBPR has contracted with the Florida Engineers Management Corporation (FEMC) to provide
such administrative, investigative, and prosecutorial services for the FBPE.
17
Division of Real Estate
In Fiscal Year 2021-2022, there were 345,026 active real estate licensees and 6,988 active real
estate appraisal licensees in the DBPR’s Division of Real Estate.
18
Prelicensure/Postlicensure Education Requirements
Section 455.2122, F.S., provides that a board, or the DBPR where there is no board:
Must approve distance learning
19
courses as an alternative to classroom courses to satisfy
prelicensure or postlicensure education requirements, for community association
management licenses or licensing of real estate brokers, sales associates, or schools;
20
and
May not require centralized examinations for completion of continuing education
requirements for persons licensed as community association managers, or as real estate
brokers, sales associates, or schools.
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.”
21
16
See the DBPR Annual Report at page 26, supra note 14, noting that the Regulatory Council of Community Association
Managers is responsible for adopting rules relating to the licensure examination, continuing education requirements,
continuing education providers, fees, and professional practice standards to assist the DBPR in carrying out its duties.
17
See s. 471.038, F.S., the Florida Engineers Management Corporation Act, for the duties and authority of the FEMC. See the
Annual Report of the FEMC for FY 2022-2023, available at FEMC-Annual-Report-2022-2023.pdf (fbpe.org) (last visited
Jan. 9, 2024), and the contract between the DBPR and the FEMC for the period between July 1, 2021 and June 30, 2025 at
https://fbpe.org/wp-content/uploads/2021/10/2021-25-DBPR-FEMC-Contract.pdf (last visited Jan. 9, 2024).
18
See the DBPR Annual Report at page 18, supra note 14.
19
See Fla. Admin. Code R. 61J1-4.003(4)(a).
20
See part VIII of ch. 468, F.S., relating to Community Association Management and part I of ch. 475, F.S., relating to Real
Estate Brokers, Sales associates, and Schools.
21
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. 9, 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 Rule 61G4-18.001, F.A.C. (a Construction Industry Licensing Board rule that requires “at BILL: CS/SB 382 Page 6
Continuing Education Course Requirements
Under s. 455.2123, F.S., a board, or the DBPR when there is no 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,
22
home inspection services,
23
mold-related services,
24
real
estate services (i.e., brokers, sales associates, and schools),
25
and real estate appraisal services.
26
In addition, for these specified professions, a board or the DBPR may not require centralized
examinations for completion of continuing education requirements.
The DBPR notes that there are no continuing education requirements for the Board of Geologists
regulated under ch. 492, F.S., or for the following professions regulated as provided under
ch. 468, F.S.:
Auctioneers (part VI);
Talent Agencies (part VII);
Athlete Agents (part IX); and
Employee Leasing Companies (part XI).
27
Continuing Education (Proration/Renewal)
Under s. 455.2124, F.S., a board, or the DBPR when there is no board, may:
Prorate continuing education for new licensees by requiring:
o Half of the required continuing education for an applicant who becomes licensed with
more than half the renewal period remaining; and
o No continuing education for any applicant who becomes licensed with half or less than
half of the renewal period remaining; or
Require no continuing education until the first full renewal cycle of the licensee.
These options also apply when continuing education is first required or the number of hours
required is increased by law, the applicable board, or the DBPR when there is no board.
III. Effect of Proposed Changes:
Section 1 amends s. 455.2123, F.S., relating to continuing education requirements for all persons
licensed under ch. 455, F.S., by professional regulatory boards or the Florida Department of
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.”).
22
See part VIII of ch. 468, F.S.
23
See part XV of ch. 468, F.S.
24
See part XVI of ch. 468, F.S.
25
See part I of ch. 475, F.S.
26
See part II of ch. 475, F.S.
27
See Department of Business and Professional Regulation, 2024 Agency Legislative Bill Analysis for SB 382 at page 2
(Nov. 21, 2023) (on file with the Senate Committee on Regulated Industries). BILL: CS/SB 382 Page 7
Business and Professional Regulation (DBPR), to require that distance learning
28
courses be
allowed as an alternate method of satisfying continuing education requirements.
Under current law, whether distance learning courses must be approved to satisfy continuing
education requirements depend upon the type of profession. Such approval is mandated for
persons licensed to engage in community association management services,
29
home inspection
services,
30
mold-related services,
31
real estate services (i.e., brokers, sales associates, and
schools),
32
and real estate appraisal services.
33
For all other licensees regulated by professional
boards or the DBPR under ch. 455, F.S., distance learning courses may be, but are not required
to be, approved as an alternate method of satisfying continuing education requirements.
The bill maintains the requirement in current law that a board or the DBPR when there is no
board, may not require centralized examinations for continuing education 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.
The distance learning requirement in the bill does not apply to any medical board or department
regulated by the Florida Department of Health.
34
Section 2 amends s. 455.2124, F.S., to create an exemption from continuing education
requirements. 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 exemption from continuing education requirements in the bill does not apply to certified
public accountants regulated under ch. 473, F.S., real estate appraisers regulated under part II of
ch. 475, F.S, architects and interior designers regulated under ch. 481, F.S., contractors regulated
under ch. 481, F.S, or to any medical board or department regulated by the Florida Department
of Health.
The bill requires the DBPR and each affected board to adopt rules
35
to implement the
requirements of this section.
28
The terms “distance learning” and “distance-learning” appear infrequently in the Florida Statutes and administrative rules
and are not defined in the Florida Statutes as of the date of this analysis.
29
See part VIII of ch. 468, F.S.
30
See part XV of ch. 468, F.S.
31
See part XVI of ch. 468, F.S.
32
See part I of ch. 475, F.S.
33
See part II of ch. 475, F.S.
34
Health professions and occupations are regulated under ch. 456, F.S., while ch. 455, F.S., relates to Business and
Professional Regulation.
35
Section 120.536(1), F.S., provides that “a grant of rulemaking authority is necessary but not sufficient to allow an agency
to adopt a rule; a specific law to be implemented is also required. An agency may adopt only rules that implement or interpret BILL: CS/SB 382 Page 8
Section 3 authorizes the DBPR to adopt emergency rules to implement the exemption from
completing continuing education in the bill for eligible licensees, provides the emergency rules
will be effective until permanent rules are adopted to implement the exemption, and provides the
emergency rule authorization expires January 1, 2026.
Section 4 provides the bill takes effect July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities
have to raise revenue in the aggregate, nor reduce the percentage of state tax shared with
counties or municipalities.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Continuing education providers may experience a decrease in revenue associated with the
exemption from required continuing education created in the bill. According to the
Department of Business and Professional Regulation (DBPR), the fiscal impact is
indeterminate.
36
the specific powers and duties granted by the enabling statute.” Section 120.54, F.S., sets forth the rulemaking provisions that
are applicable to all rules other than emergency rules.
36
See Department of Business and Professional Regulation, 2024 Agency Legislative Bill Analysis for SB 382 at page 8
(Nov. 21, 2023) (on file with the Senate Committee on Regulated Industries). BILL: CS/SB 382 Page 9
C. Government Sector Impact:
According to the DBPR, the fiscal impact of the bill on state government is
indeterminate. Any additional workload and costs will be absorbed within existing
resources.
37
The DBPR notes the following with respect to expenditures related to its operations:
38
Prior to renewal cycles for each profession, the [DBPR] will need
to determine whether license holders had disciplinary action
imposed on their license to know which license holders will be
required to submit continuing education [CE] hours for renewal.
This would impact CE renewal notices; the Versa Regulation (VR)
system; the Versa Online (VO) system; and renewal processing if a
disciplinary case goes to the board during the renewal period
because that would then change the need for CE, etc.
Additionally, the impact on the service operations division is indeterminate. The
Continuing Education exemption for qualified licenses should reduce call volume to the
Customer Contact Center during peak renewal times. [The DBPR staff is] unable to
determine how many of the potentially exempted licensees have historically contacted the
Customer Contact Center concerning reporting their continuing education to the [DBPR].
VI. Technical Deficiencies:
Lines 35-37 provide that “[t]his section does not apply to any medical board or department
regulated by the Department of Health.” Lines 65-70, in pertinent part, provide “[t]his section
does not apply … to any medical board or department regulated by the Department of Health.”
These provisions are unnecessary because chapter 455, which is amended by this bill, applies to
the Department of Business and Professional Regulation and its associated boards. In fact,
s. 455.017, F.S., states “[t]his chapter applies only to the regulation of professions by the
department” (which is defined as the Department of Business and Professional Regulation). To
ensure clarity, the Legislature may consider eliminating the provisions of the bill referencing the
Department of Health so that other provisions of ch. 455, F.S., are not mistakenly interpreted to
apply to the Department of Health.
37
Id. at page 7.
38
Id. at page 7. BILL: CS/SB 382 Page 10
VII. Related Issues:
The Department of Business and Professional Regulation (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:
39
Certified Public Accountants;
40
Veterinary Medicine;
Landscape Architecture;
Cosmetology and Barbers;
Building Code Administrators and Inspectors;
Community Association Managers; and
Construction Contractors.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 455.2123 and
455.2124.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Regulated Industries on December 12, 2023:
The committee substitute:
Excludes individuals in the following professions from eligibility to be exempted
from completing continuing education:
o Certified public accountants regulated pursuant to ch. 473, F.S.;
o Real estate appraisers regulated pursuant to part II of ch. 475, F.S.;
o Architects and interior designers regulated pursuant to ch. 481, F.S.; and
Contractors regulated pursuant to ch. 489, F.S.
Authorizes the Department of Business and Professional Regulation to adopt
emergency rules to implement the exemption from completing continuing education
in the bill for eligible licensees and provides:
o The emergency rules will be effective until permanent rules are adopted to
implement the exemption; and
o The emergency rule authorization expires January 1, 2026.
39
Id. at page 9.
40
The 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 page 10. BILL: CS/SB 382 Page 11
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.