To expand continuing education credit to course instructors, streamline course identification numbers, specify course changes requiring department notification, and records retention and submission requirements.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-5.0085Continuing Education Requirements

PURPOSE AND EFFECT: To expand continuing education credit to course instructors, streamline course identification numbers, specify course changes requiring department notification, and records retention and submission requirements.

SUMMARY: Provides process for continuing education course instructors to obtain credit for teaching a course, specifies course identification numbers are assigned by the department upon approval, specifies changes that require department notification, creates consistency with statutory requirements, provides registration records requirements for interactive distance learning courses, requires course providers to submit course records to the department, and adopts an updated form to reflect changes to the rule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will 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 been prepared by the Agency.

The proposed rule impacts continuing education providers for elevator professionals and continuing education instructors licensed by the Division of Hotels and Restaurants. The proposed rule has the potential to reduce personal income for elevator continuing education providers by up to $1,800 annually, or $9,000 over five years, while saving the continuing education instructors an equal amount by claiming credit for teaching rather than paying to attend the continuing education courses required to maintain their license. The rule is not expected to adversely impact business competiveness. Increased regulatory costs on small business over five years are estimated at $149.70 for six continuing education providers to submit course records. By adopting requirements for the documentation that must be submitted, the rule may reduce the amount of documentation the continuing education providers submit voluntarily and save the providers an estimated $1,287 per year. These savings may help offset the potential income lost resulting in a net impact of $512.54 per year.

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; 850-488-1133; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-5.0085 Continuing Education Requirements.

(1) Continuing Education Requirements.

(a) through (d) No change.

(e) Continuing education credit shall be granted to course instructors for the first presentation of a specific approved continuing education course or portion thereof, on an hour for hour basis, each annual licensure period.   To obtain continuing education credit as a course instructor, the instructor must provide proof of completion of the course, must be identified as the instructor of the course on the sign-in sheet described in subparagraph (5)(a)5. and the certificate described in paragraph (5)(b), and must be listed on the sign-in sheet as an attendee.

(2) Course Provider Registration.

(a) Each course provider must register with the department 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-04376 https://www.flrules.org/Gateway/reference.asp?No=Ref-03447), incorporated herein by reference and effective 2014 March 25 2013 November 22. Copies of this form 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 written notice of any material changes to information contained in its most recent application for, or renewal of, course provider registration no later than 30 days after such a change.

(d) through (e) No change.

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

1. through 9. No change.

10. Failure to include the course identification number assigned by the department in any advertisement, brochure, course completion certificate, or other marketing or instructional material.

(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 5023-017 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. 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; and 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 shall assign each approved course a unique identification number. The department may request additional information as necessary to consider the course for approval. 

(d) The department shall assign each approved course a unique course identification number. Any course denied approval may be modified and resubmitted for approval.

(e) through (f) No change.

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

1. through 2. No change.

3. Each course provider must notify the department 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 assigned by the department,; 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 in writing of any material changes to the information required by paragraphs (c) and (g) of this subsection within 30 days of such change.

(i) No change.

(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.

(a) 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 Certificate of Competency issued by and in good standing with the division;

2. Current certification in good standing under the American Society of Mechanical Engineers standards as a qualified elevator inspector Qualified Elevator Inspector; or

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. Such records must be maintained for three years, and contain the following:

1. through 4. No change.

5. The original sign-in sheet used on-site to record attendance for each course session, which must include: the course identification number assigned by the department, time, date and address of the course session;, the attendee’s printed name, signature, and department certification or registration number issued by the division; 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. 

6.  The student registration for each course session completed through interactive distance learning, which must include: the course identification number assigned by the department, time and date of the course session, the attendee’s name and certification or registration number issued by the division, and number of course hours the attendee completed.  The registration 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.”

(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; the course instructor’s name and signature, and the unique course identification number assigned by the department. 

(c) A course provider must submit to the department a copy of the sign-in sheet within 30 days of the completion of the course.  For interactive distance learning courses, the course provider must submit the student registration of those individuals successfully completing the course by the fifth of the month following the calendar month in which the course was completed. The required documentation may be submitted via e-mail to [e-mail] or via mail to Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013.

(6) Advertising Continuing Education Courses.

(a) through (b) No change.

(c) The course provider must include the course identification number assigned by the department in any advertising used in connection with the course, and any other materials used in connection with the course including but not limited to the syllabus or other instructional materials.

(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, 2-24-14,__________.

 

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: June 13, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 1, 2014