To update application forms and submission requirements and conform agency authority as assigned in the rule to authority specified in statute.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-5.0085Continuing Education Requirements

PURPOSE AND EFFECT: To update application forms and submission requirements and conform agency authority as assigned in the rule to authority specified in statute.

SUMMARY: The proposed rule amendment corrects the authority for continuing education requirements, registration, and approval; adds a 30-day continuing education course application time limit; and adopts an updated application.

OTHER RULES INCORPORATING THIS RULE: None.

EFFECT ON THOSE OTHER RULES: N/A

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 399.01, 399.02, 399.10 FS.

LAW IMPLEMENTED: 399.01(16), 399.17 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-5.0085 Continuing Education Requirements.

(1) Continuing Education Requirements.

(a) To renew a certificate of competency or a certified elevator inspector credential issued by the division bureau pursuant to Chapter 399, F.S., a person must submit, in addition to the other requirements specified in Rule 61C-5.007, F.A.C., proof of completion within the current annual licensure period of 8 hours of approved continuing education, including at least one course hour related to safety in elevator construction, alteration, modification, repair or maintenance.

(b) through (d) No change.

(2) Course Provider Registration.

(a) Each course provider must register with the department bureau to conduct courses that satisfy continuing education requirements of Chapter 399, F.S., by submitting DBPR Form HR 5023-017 APPLICATION FOR COURSE PROVIDER REGISTRATION AND COURSE APPROVAL (https://www.flrules.org/Gateway/reference.asp?No=Ref-03447), incorporated herein by reference and effective 2013 November 22 2011 July 15, http://www.flrules.org/Gateway/reference.asp?No=Ref-00260. Instructions for completing DBPR Form HR 5023-017 are available in DBPR Form HR 5023-017i, INSTRUCTIONS FOR COMPLETING DBPR Form HR 5023-017 APPLICATION FOR COURSE PROVIDER REGISTRATION AND COURSE APPROVAL, incorporated herein by reference and effective 2011 July 15, http://www.flrules.org/Gateway/reference.asp?No=Ref-00261. Copies of this form these forms are available from the Division of Hotels and Restaurants Internet website at www.MyFloridaLicense.com/dbpr/hr; by e-mail to [e-mail]; or upon written request to the Division of Hotels and Restaurants, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. Each application for course provider registration must include application for approval of at least one course.

(b) No change.

(c) A course provider must provide the department bureau written notice of any material changes to information contained in its most recent application for, or renewal of, registration no later than 30 days after such a change.

(d) The department bureau shall maintain a list of all approved continuing education course providers.

(e) Course provider registration is subject to the provider’s continued compliance with the bureau’s minimum requirements set out in this rule. The department bureau may conduct random audits of any registered provider to determine compliance and may audit any provider if it has reason to believe a provider is not in compliance with this section.

(f) The department bureau shall deny, suspend, or revoke the registration of any course provider based on any of the following:

1. through 2. No change.

3. Failure to notify the department bureau of a change in the information required in subsection (4) for registration of course providers.

4. through 6. No change.

7. Failure to provide the department bureau with copies of any document or other information required to be maintained by the course provider pursuant to this rule.

8. No change.

9. Participating in any activity designed or intended to circumvent or evade the requirements of Chapter 399, F.S., or the rules adopted by the department bureau to implement that section.

10. No change.

(g) through (h) No change.

(3) Continuing Education Course Approval.

(a) through (b) No change.

(c) Continuing education courses will only be considered for approval when a registered course provider submits DBPR Form HR 5023 APPLICATION FOR COURSE PROVIDER REGISTRATION AND COURSE APPROVAL to the department no less than 30 days prior to date the first session of the course is scheduled to be conducted bureau. The application must include: total number of hours of the course; a syllabus that demonstrates topical relevance of the course and includes an accounting of time spent on each topic or subsection in increments of not less than a quarter hour; the name and qualifications of all instructors known at the time of the application; a sample roster; a sample of the certificate provided upon completion of the course; and the course identification number, if known. If the course provider does not submit a unique course identification number with the application, the department bureau shall assign each approved course a unique identification number. The department bureau may request additional information as necessary to consider the course for approval.

(d) Any course denied approval may be modified and resubmitted for approval.

(e) The department bureau may not deny or withdraw approval for a course on the sole basis that another approved course provider conducts the same or similar course approved by the bureau.

(f) Course approval is subject to continued compliance with the bureau’s minimum requirements set out in this rule. The department bureau may deny or withdraw approval of a course when the course, course instructor, or course provider fails to meet the requirements of this rule.

(g) Continuing education courses may be conducted through interactive distance learning so long as the course has been approved by the department bureau and complies with all requirements in this subsection.

1. through 2. No change.

3. Each course provider must notify the department bureau in writing that it will provide the training program through interactive distance learning. Such notification must include the course provider name; the course identification number; the form of interactive electronic media utilized; the internet address for the course, if applicable; and the name and qualifications of the course instructor responsible for ensuring the course material remains relevant.

(h) The course provider must notify the department bureau in writing of any material changes to the information required by this subsection within 30 days of such change.

(i) The department bureau may conduct random reviews of any approved course, including interactive distance learning courses, to determine compliance and may audit any course if it has reason to believe the course is not in compliance with this rule.

(4) Course Instructor Qualifications.

(a) Course instructors must be affiliated with a registered course provider and possess education and experience that qualifies the instructor to teach the course or parts of the course to which he or she is assigned. The course provider is responsible for verifying course instructors’ qualifications. Course instructors must possess five years experience in the construction, alteration, modification, maintenance or repair of elevators, and one of the following:

1. Possession of a Certificate of Competency issued by and in good standing with the division bureau;

2. through 3. No change.

(b) No change.

(5) Records Required of Course Providers.

(a) The course provider must maintain records for each session of courses it conducts for the purpose of satisfying continuing education requirements established in Chapter 399, F.S., and provide any of these required records upon request by the department bureau. Such records must be maintained for three years, and contain the following:

1. through 3. No change.

4. The name, address and department bureau certification or registration number and type for of each person that completed a course session, regardless of whether a fee is charged.

5. The original sign-in sheet used on-site to record attendance for each course session, which must include: the time, date and address of the course session, the attendee’s printed name, signature, and department bureau certification or registration number and type, and number of course hours the attendee completed. The sign-in sheet must prominently bear the following statement above the attendees’ information: “By affixing my name and/or signature and/or mark to this document, I attest and certify that I am correctly and accurately identified herein as the person attending this continuing education course session.” The sign-in sheet must also bear the following statement: “I attest the information recorded herein is true and accurate” above the signature of the instructor and the printed names of the course provider and instructor.

(b) Upon completion of a course, each attendee shall receive from the course provider a certificate measuring 8 1/2 inches by 11 inches, displaying the following: the time and date of the course session; name of the course; number of course hours attended; the course provider’s name and provider number assigned by the department bureau; the course instructor’s name and signature, and the unique course identification number.

(6) Advertising Continuing Education Courses.

(a) A course provider may not advertise a course as approved by the department bureau until such approval is granted.

(b) through (d) No change.

Rulemaking Authority 399.01, 399.02, 399.10 FS. Law Implemented 399.01(16), 399.17 FS. History–New 11-9-06, Amended 9-26-11,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Diann Worzalla, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 4, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2013