The Board proposed the rule amendment to revise the process by which FBPE licensees in Florida can demonstrate their completion of the CE required for biennial licensure renewal.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NO.:RULE TITLE:

61G15-22.006Demonstrating Compliance; Audits; Investigations

PURPOSE AND EFFECT: The Board proposed the rule amendment to revise the process by which FBPE licensees in Florida can demonstrate their completion of the CE required for biennial licensure renewal.

SUMMARY: The proposed rule amendment revises the rule language for demonstrating compliance, audits, and investigations.

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: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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: 455.213(7), 455.2178, 471.008, 471.017(3) FS.

LAW IMPLEMENTED: 455.2177, 455.2178, 471.017(3) 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: Zana Raybon, Executive Director, Board of Professional Engineers, 2400 Mahan Drive, Tallahassee, FL 32308; [phone] or by electronic mail, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G15-22.006 Demonstrating Compliance; Audits; Investigations.

(1) Pursuant to section 471.017(3), Florida Statutes, as a condition of licensure renewal, licensees must have completed no less than 18 hours of Continuing Education per licensure biennium. In order to demonstrate compliance with continuing education requirements, licensees must affirmatively declare completion of the continuing education requirements upon licensure renewal. Said declaration shall be accomplished by establishment of a free National Council of Examiners for Engineering and Surveying (NCEES) Continuing Professional Competency (“CPC”) Tracking Account and certification by the Licensee of the holding of such account. 

(a)  Licensees shall be responsible for uploading CE credits to the NCEES Tracking Account.

(b)  At the time of licensure renewal, each licensee shall indicate on the renewal application that such account has been established.

(c)  Upon so certifying, the Licensee shall be allowed to proceed with renewal of the license.

(2) No Change.

(3) The licensee shall retain such receipts, vouchers, certificates, or other papers as may be necessary to document completion of the continuing education pursuant to an audit for four (4) years from the date of completion of the continuing education activity.

In addition, the Board shall use attendance information submitted by the provider to determine whether licensees can demonstrate compliance. The submission of such documentation to the free NCEES CPC Tracking Account shall constitute compliance with this requirement.

(4) No Change.

Rulemaking Authority 455.213(7), 455.2177(4), 455.2178, 471.008, 471.017(2), (3) FS. Law Implemented 455.213(1), (7), (12), 455.2177(1), (2), 455.2178, 455.271(5), 471.017(3), 471.038(3) FS. History–New 9-16-01, Amended 7-13-04, 8-20-12, 1-2-18, 8-1-18, 12-29-19, 12-18-23,                         .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Engineers

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Professional Engineers

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 7, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 19, 2024