For Rule 61E14-4.001, F.A.C., to clarify existing rule and change requirement from 4 hours of legal update seminars – including a 2-hour legal seminar – to 4 total hours of seminars; for Rule 61E14-4.004, F.A.C., to clarify continuing education ...

Notice of Proposed Rule

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Regulatory Council of Community Association Managers

RULE NOS.:RULE TITLES:

61E14-4.001Continuing Education Renewal Requirements.

61E14-4.004Reactivation Continuing Education.

PURPOSE AND EFFECT: For Rule 61E14-4.001, F.A.C., to clarify existing rule and change requirement from 4 hours of legal update seminars – including a 2-hour legal seminar – to 4 total hours of seminars; for Rule 61E14-4.004, F.A.C., to clarify continuing education requirements for inactive and delinquent licenses and time periods for completion of same.

SUMMARY: For Rule 61E14-4.001, F.A.C., clarify existing rule and change seminar requirements; for Rule 61E14-4.004, F.A.C., clarify continuing education requirements for licensure reactivation.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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: For Rule 61E14-4.001, F.A.C., the amendments will reduce overall costs to licensees and course providers, because it will increase flexibility and the ability to offer the legal update seminars in time increments that best meet the licensee and course provider's needs; for Rule 61E14-4.004, F.A.C., the rule rewording will reduce overall costs, since it will reduce confusion among licensees and those seeking to apply the rule, as well as reduce the chance that licensees will not be able to reinstate their licenses due to misapprehension of the rule's requirements.

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: 455.2123, 455.2124, 468.4315, (2), 468.4336, 468.4337, 468.4338 FS.

LAW IMPLEMENTED: 455.2123, 455.2124, 455.271(4), (10), 468.4336, 468.4337, 468.4338 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: Robyn Barineau, Executive Director, Regulatory Council of Community Association Managers, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783, [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

61E14-4.001 Continuing Education Renewal Requirements.

(1) All community association manager licensees must satisfactorily complete a minimum of 20 hours of continuing education per biennial renewal cycle. Each hour shall consist of 50 minutes of student involvement in approved classroom, correspondence, interactive, distance education or internet courses which courses shall include the required hours at an approved update seminar. No license shall be renewed unless the licensee has completed the required continuing education.

(2) No change.

(3) The required 20 hours of continuing education shall be comprised of courses approved pursuant to Rule 61E14-4.003, F.A.C., in the following areas:

(a) 4 hours of legal update seminars. Licensees shall satisfactorily complete a 2-hour legal update seminar. The legal update seminars shall consist of instruction regarding changes to Chapters 455, 468, Part VIII, 617, 718, 719, 720, and 721, F.S., and other legislation, case law, and regulations impacting community association management. Licensees shall not be awarded continuing education credit for completing the same legal update seminar more than once even if the seminars were taken during different years.

(b) through (e) No change.

(4) No licensee will receive credit, for purposes of meeting the continuing education requirement, for completing the same continuing education course more than once during a biennial renewal cycle period.

(5) Course instructors may receive continuing education credit hours in the amount of hours approved by the Council for licensees only once every biennial renewal cycle period for each approved course taught by the instructor.

(6) Anyone licensed for more than 24 months at renewal time will be required to have complied with the continuing education CE requirements set forth in subsection (1), above, prior to license renewal. “More than 24 months”, means 24 months plus 1 day. Licensees licensed for 24 months or less at renewal time are exempt from compliance with the continuing education CE requirements set forth in subsection (1) above, until the end of the next renewal cycle.

Rulemaking Authority 455.2123, 455.2124, 468.4315(2), 468.4336, 468.4337 FS. Law Implemented 455.2123, 455.2124, 468.4336, 468.4337 FS. History–New 5-5-88, Amended 3-22-89, 2-5-91, 12-28-92, Formerly 7D-55.008, 61B-55.008, Amended 10-18-99, 3-13-00, 2-21-01, 7-21-03, 4-25-05, 2-28-07, Formerly 61-20.508, Amended 2-1-15,_______.

 

(Substantial rewording of Rule 61E14-4.004 follows. See Florida Administrative Code for present text.)

61E14-4.004 Reactivation Continuing Education.

(1) Inactive Licenses. As a condition for reactivating an inactive license, a licensee must complete twenty (20) classroom hours of continuing education instruction, as required by Rule 61E14-4.001, F.A.C., all of which must have been completed within the current or immediately preceding licensure renewal cycles.

(2) Delinquent Licenses. As a condition for reactivating a delinquent license, a licensee must complete twenty (20) classroom hours of continuing education instruction, as required by Rule 61E14-4.001, F.A.C., all of which must have been completed during the licensure cycle in which the licensee becomes delinquent.

(3) All inactive or delinquent licensees applying for reactivation must take the legal update seminars required by Rule 61E14-4.001(3)(a), F.A.C. for the current and immediately preceding year.

Rulemaking Authority 468.4315, 468.4338 FS. Law Implemented 455.271(4), (10), 468.4338 FS. History–New 1-8-98, Amended 3-13-00, Formerly 61-20.509, Amended 1-5-10,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Regulatory Council of Community Association Managers

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Regulatory Council of Community Association Managers

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 20, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 11, 2015