1. (1) Continuing Education Requirements.

   1. (a) To renew a certificate of competency or a certified elevator inspector credential issued by the division pursuant to chapter 399, F.S., a person must submit, in addition to the other requirements specified in Rule 61C-5.007, F.A.C., proof of completion within the current annual licensure period of 8 hours of approved continuing education, including at least one course hour related to safety in elevator construction, alteration, modification, repair or maintenance.
   2. (b) A person holding more than one individual credential issued by the division that requires continuing education need only complete a total of 8 hours of continuing education during each annual period, but must submit proof of completion of the continuing education with each application submitted to the division for renewal of the credentials.
   3. (c) A person initially certified or registered by the division 180 days or more prior to the renewal deadline must complete 4 hours of approved continuing education as a condition of renewal.
   4. (d) A person initially certified or registered by the division for less than 180 days prior to the renewal deadline need not complete any approved continuing education as a condition of renewal.
   5. (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. (2) Course Provider Registration.

   1. (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 ( HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-04376" https://www.flrules.org/Gateway/reference.asp?No=Ref-04376), incorporated herein by reference and effective 2014 March 25. Copies of this form are available from the Division of Hotels and Restaurants Internet website at www2.myfloridalicense.com/elevator-safety/; by email to dhr.elevators@myfloridalicense.com; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013. Each application for course provider registration must include application for approval of at least one course.
   2. (b) Each course provider registration expires three years from the date of issue, and must be renewed prior to conducting any further courses intended to satisfy continuing education requirements of Chapter 399, F.S.
   3. (c) A course provider must provide the department written notice of any 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.
   4. (d) The department shall maintain a list of all approved continuing education course providers.
   5. (e) Course provider registration is subject to the provider’s continued compliance with the minimum requirements set out in this rule. The department may conduct random audits of any registered provider to determine compliance and may audit any provider if it has reason to believe a provider is not in compliance with this section.

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

      1. Obtaining or attempting to obtain registration or course approval through fraud, deceit, false statements, or misrepresentation of material facts, whether such statements or misrepresentations are made knowingly or negligently.

      2. Failure to provide complete and accurate information in the initial application for registration or in any notification of change in information.

      3. Failure to notify the department of a change in the information required in subsection (4) for registration of course providers.

      4. Falsification of any records regarding the continuing education courses conducted by the course provider or the persons who attended the courses.

      5. Failure to maintain any required records regarding the continuing education courses conducted by the course provider or the persons who attended the courses.

      6. Failure to properly record attendance at any session of an approved course.

      7. Failure to provide the department with copies of any document or other information required to be maintained by the course provider pursuant to this rule.

      8. Advertising that a course is approved prior to the date approval is granted, or otherwise including false or misrepresentative information in advertising.

      9. Participating in any activity designed or intended to circumvent or evade the requirements of Chapter 399, F.S., or the rules adopted by the department to implement that chapter.

      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.

   7. (g) If a course provider’s registration is suspended or revoked, the course provider must cancel all sessions scheduled after the suspension or revocation takes effect and refund any fees associated with those sessions until such time as the course provider is restored to good standing.
   8. (h) A course provider whose approval and registration are delinquent, expired, suspended or revoked may not conduct courses. Any courses conducted while a provider is delinquent, expired, suspended or revoked, will not satisfy the continuing education requirements of Chapter 399, F.S.

3. (3) Continuing Education Course Approval.

   1. (a) To be approved as a course of continuing education for purposes of Chapter 399, F.S., and this rule, the course must provide technical or safety relevance to elevator construction, alteration, modification, repair or maintenance.
   2. (b) The following subjects are relevant and provided as a guide. Courses submitted for approval need not encompass all these nor be limited to only these: elevator general theory and principles; plan and specification reading and interpretation; electrical codes; wiring and protection; wiring methods and materials; special occupancies and situations; life safety and Americans with Disabilities Act; current adopted elevator safety codes; inspectors manuals and structural considerations; wheelchair or accessibility lifts; OSHA Safety standards; periodic safety tests; or use of specialized tools and equipment.
   3. (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. The department may request additional information as necessary to consider the course for approval.
   4. (d) The department shall assign each approved course a unique course identification number. Any course denied approval may be modified and resubmitted for approval.
   5. (e) The department may not deny or withdraw approval for a course on the sole basis that another approved course provider conducts the same or similar course.
   6. (f) Course approval is subject to continued compliance with the minimum requirements set out in this rule. The department may deny or withdraw approval of a course when the course, course instructor, or course provider fails to meet the requirements of this rule.

   7. (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. For the purpose of this rule, “interactive distance learning” means the delivery of an approved course via the internet or other interactive electronic media. Such training must be interactive, providing for the exchange of information at regular intervals to promote student involvement, and must provide for the evaluation, monitoring, and verification of course content and completion. Interactive distance learning programs must require the student to complete and submit a statement at the end of the course that the student personally completed each module of instruction.

      2. The course provider is responsible for verifying student identification upon each log-in and at regular intervals, and ensuring that one student registration cannot be used to complete the course more than one time. Student identification verification may be based upon information obtained at the time of registration.

      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.

   8. (h) The course provider must notify the department in writing of any changes to the information required by paragraphs (c) and (g) of this subsection within 30 days of such change.
   9. (i) The department may conduct random reviews of any approved course, including interactive distance learning courses, to determine compliance and may audit any course if it has reason to believe the course is not in compliance with this rule.

4. (4) Course Instructor Qualifications. 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.

   1. (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 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; or

      3. Proof of registration, licensure or certification in the elevator trade by a United States authority having jurisdiction, to standards substantially equal to or more stringent than those of Chapter 399, F.S.

   2. (b) A licensed, certified or registered contractor or engineer having five years experience in the elevator industry and whose license, certification, or registration is in good standing may teach a course within the scope of his or her license, certification, or registration.

5. (5) Records Required of Course Providers.

   1. (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. The time, dates and address of each course session.

      2. The name, address and qualifications of any instructor teaching any portion of a course session.

      3. The syllabus of each course, which must be provided to each attendee.

      4. The name, address and department certification or registration number and type for each person that completed a course session, regardless of whether a fee is charged.

      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 certification or registration number issued by the division; 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.”

   2. (b) Upon completion of a course, each attendee shall receive from the course provider a certificate measuring 8 1/2ꞌꞌ inches by 11ꞌꞌ 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 course identification number assigned by the department.
   3. (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 email to dhr.elevators@myfloridalicense.com or via mail to Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013.

6. (6) Advertising Continuing Education Courses.

   1. (a) A course provider may not advertise a course as approved by the department until such approval is granted.
   2. (b) A course provider may not misrepresent or include false or misleading information regarding the contents, instructors or number of hours of any course approved under this rule.
   3. (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.
   4. (d) Use of the state seal, department logo, or any representation of division endorsement other than provider registration and course approval is prohibited.

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, 8-26-14.