The Board proposes a rule amendment that updates and clarifies the existing rule language regarding responsibilities for CE course certificates between the Board and the Department.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Building Code Administrators and Inspectors Board

RULE NOS.:RULE TITLES:

61G19-9.003Registration of Course Providers

61G19-9.004Approval of Courses

PURPOSE AND EFFECT: The Board proposes a rule amendment that updates and clarifies the existing rule language regarding responsibilities for CE course certificates between the Board and the Department.

SUMMARY: The proposed rule amendment clarifies the existing rules.

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: 468.606, 468.627, 468.627(5) FS.

LAW IMPLEMENTED: 468.627 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: Krista Woodard, Executive Director, Building Code Administrators and Inspectors Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-0791, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G19-9.003 Registration of Course Providers.

(1) All providers are required to register with the Board, before providing continuing education courses, on a form that shall be provided by the Department and available on the Department’s website Board-approved registration form DBPR BCAIB 5, Application for Continuing Education Course Approval/Renewal and Provider, effective July, 2013, incorporated in DBPR Rule 61-35.008, F.A.C., copies of which may be obtained from the Board office. Renewal for course providers is required May 31 of every odd year.

(2) Through (8) No Change.

Rulemaking Authority 468.606, 468.627(5) FS. Law Implemented 468.627 FS. History–New 5-23-94, Amended 11-28-95, 10-1-97, 6-5-01, 6-13-07, 12-26-07, 10-12-15,___________________________.

 

61G19-9.004 Approval of Courses.

(1) Any provider registered pursuant to this chapter may apply for approval of a continuing education course. The application must be submitted on a Board-approved form that shall be provided by the Department and available on the Department’s website, DBPR BCAIB 5, Application for Continuing Education Course Approval/Renewal and Provider, effective July, 2013, incorporated in DBPR Rule 61-35.008, F.A.C., copies of which may be obtained from the Board office. Applications must be submitted a minimum of ninety (90) days prior to the date the offering begins.

(2) Upon receipt of a course application and the appropriate fee, the Board may approve any course, seminar, webinars, or conference in the construction area provided by any university, college, junior college, community college, vocational-technical center, public or private school, firm, association, organization, person, corporation, or entity whether the course is taught in a live classroom setting or conducted via the internet which meets the criteria of this part.

(3)               Through (4) No Change.

(5) The Board shall approve or deny any application for course approval at the first Board meeting held more than thirty days after the date the application is received by the Bboard. If the application is denied, the Board shall inform the applicant in writing of the specific reasons for denial within fifteen days of its decision.

(6) A course which has been rejected or denied by the Board may be resubmitted with modifications.

(7) No Change.

(8) If a course is approved, the Department Board shall assign the course a number. The course provider shall print the DepartmentBoard-assigned number on the course syllabus, on all printed material used in connection with the course, and in all written advertising used in connection with the course.

(9) Of the required fourteen (14) continuing education hours, up to three (3) general hours credit may be earned by attending a single day business meeting of the Board. Licensees shall give at least seven (7) days advance notice to the Board office of their intention to attend the meeting for continuing education credit. Licensees shall check in with the Clerk of the Board prior to the meeting and must sign in and out for breaks and lunch periods. Continuing education credit will be awarded on an hour-for-hour basis. A maximum of three (3) hours of general continuing education credit per biennium may be earned in this manner. Licensees shall not be credited for attending any meeting in which the licensee is a party in any matter involving their license or eligibility for licensure or in any matter which action is initiated by them or on their behalf; nor shall a licensee receive credit for attending meetings of a committee of the Board. At the conclusion of the meeting, the clerk will provide a certificate of attendance which licensees will maintain for three (3) years.

(10) Through (11) No Change.

(12) The course instructor shall receive continuing education credit equal to the total approved credit for that course if they submit a written this documentation at the request toof the Department. Credit may not be granted for teaching the same course more than once in each biennium.

(13) Of the required fourteen (14) continuing education hours, up to seven (7) hours credit may be earned by attending a meeting of the Florida Building Commission within the Department of Business and Professional Regulation, or any of the meetings of any technical committees of the Commission. Certificate holders shall be responsible for obtaining and maintaining satisfactory proof of attendance at such meetings as specified in Rule 61G19-9.008, F.A.C. A copy of proof of attendance must be submitted to the Board office or Department upon request of completion to ensure that continuing education credit is awarded.

Rulemaking Authority 468.606, 468.627 FS. Law Implemented 468.627 FS. History–New 5-23-94, Amended 5-21-95, 10-1-97, 8-17-99, 4-23-01, 1-2-02, 12-10-02, 10-7-15, 10-23-17, 10-21-20,__________________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Building Code Administrators and Inspectors Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Building Code Administrators and Inspectors Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 21, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 24, 2023