The Board proposes the rule amendments due to legislative changes.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Electrical Contractors' Licensing Board

RULE NOS.:RULE TITLEs:

61G6-9.001Continuing Education for Reactivation

61G6-9.002Criteria for Continuing Education for Reactivation of License

61G6-9.003Definitions

61G6-9.004Continuing Education Requirements for Renewal for Certificateholders and Registrants

61G6-9.006Approval of Continuing Education Courses

61G6-9.007Qualifications of Course Instructors

PURPOSE AND EFFECT: The Board proposes the rule amendments due to legislative changes.

SUMMARY: Language will be updated due to legislative changes.

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, based upon the expertise and experience of its members, 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: 455.2123, 455.2124, 455.2179, 489.507(3), 489.517(3), 489.517(6), 489.519(3), FS.

LAW IMPLEMENTED: 455.271(10), 455.2123, 455.2124, 455.2179, 489.517, 489.517(3), 489.517(4), 489.517(6), 489.519, 489.519(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: Ruthanne Christie, Executive Director, Electrical Contractors’ Licensing Board, 2601 Blair Stone Road, Tallahassee, FL 32399-0751; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

61G6-9.001 Continuing Education for Reactivation.

As a condition to the reactivation of an inactive license, a licensee must submit proof of the completion of fourteen (14) classroom hours of continuing education which meets the criteria set forth in Rule 61G6-9.002 or 61G6-9.004, F.A.C.

(1) Certified and Registered Electrical Contractors must complete continuing education in the following areas: Of the required fourteen (14) classroom hours, at least seven (7) hours must be on technical subjects, to include: one (1) hour of an approved provider’s specialized or advanced module course, approved by the Florida Building Commission, on any portion of the Florida Building Code, relating to the contractor’s respective discipline; one (1) hour on workers’ compensation, one (1) hour on workplace safety, one (1) hour on business practices, one (1) hour by completing an approved provider’s specialized or advanced module course, approved by the Florida Building Commission, on any portion of the Florida Building Code, relating to the contractor’s respective discipline, and one (1) hour of Florida laws and rules education., and, Ffor alarm system contractors and certified electrical contractors engaged in alarm system contracting, two (2) hours on false alarm prevention which is designated as technical education. The continuing education credits needed for reactivation must be completed within two (2) years preceding reactivation.

(2) Certified and Registered Alarm and Specialty Contractors must complete continuing education in the following areas:  seven (7) hours technical to include: one (1) hour of an approved provider’s specialized or advanced module course, approved by the Florida Building Commission, on any portion of the Florida Building Code, relating to the contractor’s respective discipline; one (1) hour workers’ compensation, one (1) hour workplace safety, one (1) hour business practices, one (1) hour of Florida laws and rules education and two (2) hours on false alarm prevention.  The continuing education credits needed for reactivation must be completed within two (2) years preceding reactivation.

Rulemaking Authority 489.507(3), 489.519(3) FS. Law Implemented 489.519 FS. History–New 1-2-80, Amended 10-13-80, Formerly 21GG-9.01, Amended 2-20-89, Formerly 21GG-9.001, Amended 12-24-97, 12-27-00, 10-1-03, 4-10-05, 11-21-12, 2-5-15,                            .

 

61G6-9.002 Criteria for Continuing Education for Reactivation of License.

The following programs of continuing education may be used to satisfy the continuing education requirement provided that the licensee complies with the terms set forth herein:

(1) No change.

(2) Noncredited courses conducted by an accredited institution of higher learning, official governmental agency, the military, recognized national or state trade or civil organization, or Board approved alternative, non-classroom courses, provided the following conditions are met:

(a) The course must be business, technical or safety course relevant to the electrical contracting industry. For purpose of this rule the following lists are provided as guides for provider applicants in properly categorizing individual courses. Courses in the identified categories include, but are not limited to those listed.

1. Business courses include: (A) Bidding a Job, (B) Maintaining Cash Flow, (C) Interpretation of Contracts and Agreements Purchasing Control, (D) Contract Scheduling, (E) Obtaining Insurance and Bonding, (F) Complying with Contracting Laws and Rules, including Chapters 455 and 489 Part II, Florida Statutes and rule Chapter 61G6, Florida Administrative Code, (G) Personnel Management, (H) Complying with Payroll and Sales Tax Laws, (I) Interpretation of Financial Statements and Reports, and (J) Management Accounting.

2. Technical courses include: (A) General Theory and Electrical Principles, (B) Plan and Specification Reading and Interpretation, (C) Wiring and Protection, (D) Wiring Methods and Materials, (E) Special Occupancies and Situations, (F) Life Safety and Americans with Disabilities Act, (G) Electrical Signs, Outline Lighting, and Structural Considerations, (H) Alarms/ Limited Energy, and (I) Estimating,. (J) False Alarm Prevention, and (K) Advanced Building Code modules.

3. No change.

(b) through (c) No change.

(3) No change.

Rulemaking Authority 489.507(3), 489.517(3), 489.519(3) FS. Law Implemented 455.271(10), 489.517, 489.519(3) FS. History–New 1-2-80, Formerly 21GG-9.02, 21GG-9.002, Amended 12-27-00, 4-17-01, 4-30-19,                       .

 

61G6-9.003 Definitions.

When used in this rule, the following terms shall have the following meanings:

(1) through (6) No change.

(7) “Interactive Distance Education Course” means a competency based learning course presented through live, synchronous technology or through pre-recorded video coupled with a means for course attendees to ask questions of the instructor(s) and receive responses in a timely manner. Such courses may be presented through video conferencing technologies or continuing education course, the delivery of which is done via the internet and/or other interactive computer based applications electronic media. Such offerings or Ccourses shall be interactive, providing for the interchange of information between the student, the teacher, and shall provide for registration, evaluation, monitoring, and verification of continuing education, as well as require a multiple-choice test at the end of the session with a minimum passing score of 75%.

(8) No change.

Rulemaking Authority 455.2123, 489.507(3), 489.517(3) FS. Law Implemented 455.2123, 489.517(3) FS. History–New 11-30-94, Amended 1-3-96, 6-13-96, 1-4-01, 2-10-03, 8-10-05,                                      .

 

61G6-9.004 Continuing Education Requirements for Renewal for Certificateholders and Registrants.

(1) Each person who is certified or registered by the Board must, as a condition of each renewal of the certificate or registration, provide proof of completion of at least 14 classroom hours of continuing education in one or more courses approved by the Board.

(2) through (3) No change.

(4) A Certified or Registered Electrical Contractor person initially licensed 12 or more months prior to the end of a biennial period is required to complete 5 7 hours of continuing education as a condition of renewal. Of Tthe 57 hours of continuing education, 6 of the hours must be in the following areas: 12 hours technical, 1 hour business, 1 hour worker’s compensation, 1 hour work place safety, and 1 hour laws and rules. For alarm system contractors and electrical contractors actively engaged in alarm contracting, the remaining 1 hour shall be in false alarm prevention which will satisfy the 1 hour technical requirement. For all other license holders, the remaining 1 hour shall be a general continuing education credit.

(5) A Certified or Registered Alarm Contractor initially licensed 12 or more months prior to the end of a biennial period is required to complete 4 hours of continuing education as a condition of renewal. The 4  hours of continuing education must be in the following areas: 1 hour worker’s compensation, 1 hour work place safety, 1 hour laws and rules and 1 hour false alarm prevention.

(6)  A Certified or Registered Specialty Contractor initially licensed 12 or more months prior to the end of a biennial period is required to complete 4 hours of continuing education as a condition of renewal.  The 4 hours of continuing education must be in the following areas:  1 hour business; 1 hour worker’s compensation; 1 hour work place safety; and 1 hour laws and rules.

(7)(5) No change.

(8)(6) A licensee may obtain a maximum of four (4) 7 hours of continuing education credits by taking a home study course. A minimum passing score of 75% must be obtained to receive the required CE credits.

(9)(7)(a) A minimum of Oone of the 14 required technical classroom hours of continuing education must be obtained by completing an approved provider’s specialized or advanced module course, approved by the Florida Building Commission, on any portion of the Florida Building Code, relating to the contractor’s respective discipline.

(b) No less than Oone (1) of the 14 required classroom hours of continuing education shall be in the area of the laws and rules related to electrical and alarm contracting in the State of Florida. For the purposes of this rule, the laws and rules governing the practice of electrical and alarm contracting are Cchapters 455 and 489, part II, F.S., and rule Chapter division 61G6, F.A.C.

(10)(8) No change.

Rulemaking Authority 455.2124, 489.507(3), 489.517(6) FS. Law Implemented 455.2124, 489.517(3), (6) FS. History–New 11-30-94, Amended 4-22-01, 8-15-04, 1-30-05, 8-10-05, 8-15-06, 3-27-13, 2-5-15, 4-30-19,                             .

 

61G6-9.006 Approval of Continuing Education Courses.

(1) through (10) No change.

(11) Of the required 14 continuing education hours, Aa licensee may earn one (1) laws and rules hour credit and one (1) three business hours credit by attending, for at least three hours, a meeting of the Board wherein disciplinary cases are considered. Licensees must attend the meeting for at least two (2) hours and be present for the complete agenda of disciplinary cases agenda to receive the continuing education hours. The licensee must check in with the Clerk of the Board staff prior to the beginning of disciplinary proceedings. Credit hours may not be earned when the licensee attends a disciplinary case session as a party to a disciplinary action. A licensee may receive continuing education credit for attending the Board meeting only if he or she is attending on that date solely for continuing education credit; he or she may not receive continuing education credit if appearing at the Board meeting for any other purpose, including as a party to a disciplinary action.

(12) through (14) No change.

(15) Board members may receive three (3) hours of general continuing education credit per biennium for participation at Board meetings.

Rulemaking Authority 489.507(3), 489.517(3) FS. Law Implemented 489.517(3), (4) FS. History–New 11-30-94, Amended 6-13-96, 10-20-96, 12-25-96, 10-6-97, 3-24-99, 5-6-99, 11-2-00, 9-4-01, 10-17-05, 7-17-11, 4-30-19,                                          .

 

61G6-9.007 Qualifications of Course Instructors.

(1) through (4) No change.

(5) A qualified course instructor may count the assigned credit hours of a course taught toward the required fourteen (14) hours of biennial continuing education credit for the biennium in which the course was taught. A maximum of seven (7) hours per biennium may be awarded under this subsection.

Rulemaking Authority 455.2179, 489.507(3) FS. Law Implemented 455.2179 FS. History–New 11-30-94, Amended 6-13-96, 12-3-00,                   .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Electrical Contractors’ Licensing Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Electrical Contractors’ Licensing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 15, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 19, 2020