23427263, 61G1ER20-8 - Florida Administrative Rules, Law, Code, Register

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Notice: 23427263

Notice of Emergency Rule

Department:

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division:

Board of Architecture and Interior Design

Overview

RULE:

61G1ER20-8

Instructions, Applications and General Information for Architecture Continuing Education

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The Board of Architecture and Interior Design (Board) is required by statute to adopt rules to implement and enforce Chapter 481, Part I, Florida Statutes. In doing so the Board promulgated 61G1-24.002: Instructions, Applications and General Information for Architecture Continuing Education, Florida Administrative Code, which incorporates by reference, the Architecture Continuing Handbook which sets out the requirements for continuing education providers presenting in-person presentation courses as well as by electronic means of study  , for Architects certified by the Board. Many continuing education providers (providers) have Board qualified continuing education in-person presentation courses (classroom courses) requiring in person attendance which were applied for under 61G1-24.002 which they are now unable to teach because in person attendance is logistically impossible due to the COVID-19 pandemic social distancing, requirements and restrictions on meetings of 10 people or more. Meanwhile, many Architects are trying to complete their continuing education licensure renewal requirements by the biennium deadline of February 28, 2021, they need to take the courses in question but cannot do so in a classroom setting because of the restrictions further detailed below caused by the COVID-19 pandemic. The rule does not allow these providers or students to elect whether to provide or to attend qualified classroom courses through electronic means of study (webinars). Courses taught through electronic means of study have to be separately applied for under Rule61G1-24.002. The delay caused by reapplying for these same courses (typically 90 days) to be taught by webinar will greatly restrict the amount of courses available for those seeking licensure renewal in the relatively short amount of time available, unless these classroom courses can be presented in a webinar format on an expedited basis for those seeking licensure renewal by the February 28, 2021 deadline.
	On March 1, 2020, Florida Governor Ron DeSantis issued Executive Order Number 20-51 which directed the State Health Officer and Surgeon General, Dr. Scott Rivkees, to declare a public health emergency pursuant to the spread of the Coronavirus Disease 2019 (COVID-19). On March 9, 2020, Governor DeSantis issued Executive Order Number 20-52 (Emergency Management - COVID-19 Public Health Emergency) and officially declared that a state of emergency exists in the State of Florida. 	COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza. The Center for Disease Control (“CDC”) recommends mitigation measures to combat the spread of COVID-19 such as staying home when sick, keeping away from others who are sick, staying home when a household member is sick with respiratory disease symptoms, and for those who are at higher risk, including older adults and those who have serious chronic medical conditions, to avoid non-essential air travel and to avoid crowds as much as possible.  On June 5, 2020, Governor Ron DeSantis issued Executive Order Number 20-139 (Phase 2: Safe. Smart. Step-by-Step. Plan for Florida's Recovery) Section 2 of the order concerning Responsible Individual Activity encourages all persons in Florida to follow appropriate social distancing and safety protocols issued by the CDC and OSHA and strongly encourages Senior Citizens and individuals with a significant underlying medical condition to avoid crowds and take measures to limit the risk of exposure to COVID-19. On July 3, 2020 Governor Ron DeSantis issued Executive Order Number 20-91. Further, the order provides that all persons in Florida are prohibited from congregating in groups larger than 10 persons and requires that most businesses observe appropriate social distancing and operate at 50% capacity. 
	On June 29, 2020, in light of the fact that there have been 143,805 reported cases of COVID-19 in Florida residents, resulting in 14,354 hospitalizations and 3,447 deaths Dr. Scott Rivkees issued a renewal of the declaration of a public health emergency for 60 days.
	Since issuance of the Executive Orders and the declaration of a public health emergency, the Board Office has received numerous inquiries from providers of qualified classroom courses and from Architects seeking to complete their biennium continuing education requirements for licensure renewal. Providers ask whether they can now provide these qualified classroom courses through electronic means of study (webinars) and Architects are especially concerned about the availability of such courses and the timely completion of their continuing education obligations by the February 28, 2021 renewal deadline. The in-person attendance requirement under Rule 61G1-24.002 at qualified classroom continuing education courses in the current COVID-19 Pandemic has become a barrier to licensure renewal for Architects because of the scarcity of such courses, and the threat of exposure to COVID-19, if these courses are attended in person. This rule revision to allow qualified classroom continuing education courses to be presented in a webinar format on an expedited basis will avoid possible exposure to COVID-19, if these courses were attended in person, reduce the risk of non-licensure renewal by many Architects and ensure the continued availability of their Architectural services to the public. This revision to allow the substitution of electronic means of study for qualified classroom continuing education courses is essential during this healthcare emergency. 
	Accordingly, the Board by emergency rule, for Architects seeking certificate and registration licensure renewal by the February 28, 2021 biennium immediately now permits attendance by electronic means of study at qualified continuing education courses that were previously authorized solely for in person attendance and waives the requirement for these providers to seek separate approval to teach those courses. The Board finds that this not only assists timely licensure renewal, despite the barriers to doing so caused by the COVID-19 pandemic, it will also help Architects continue providing their services to the public. The Board finds that these actions are a measured regulatory approach that also greatly mitigates the threat of exposure to COVID-19 by Architects who are required to complete continuing education to maintain licensure renewal.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Given the recently declared emergency in the State of Florida, the recent guidance from the CDC, the social distancing guidelines which will be in effect through at least July 30, 2020,  and the risk of impeding licensure renewal and the availability of  Architectural  services to Florida citizens during and after the current declared emergency, the Board finds that an immediate danger to the public health, safety, or welfare necessitates immediate action.  Notice of this emergency rule meeting was published in the Florida Administrative Register on July 7, 2020.

SUMMARY:

The proposed emergency rule immediately permits attendance by electronic means of study for qualified classroom continuing education courses which were authorized solely for in person attendance and waives the requirement for providers to seek separate approval  to teach those courses prior to doing so.  

    The requirements for and approval of continuing education is covered in-depth by the Board’s publication “Architecture Continuing Education Handbook Instructions, Applications and General Information for Architecture Continuing Education” (“the Handbook”) (2016), which is hereby incorporated by reference, effective January 2016, a copy of which may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-06745 or the Board office. The Handbook contains three forms for use with the booklet. The applicant shall submit the applicable form, (DBPR AID 4003/revised January 2016), Architecture Continuing Education Provider/Course Application, (DBPR AID 4003-Part A/revised January 2016), Architecture Education Course Evaluation Summary Form, or (DBPR AID 4003-Part B/revised January 2016), Provider Course Evaluation Summary Form, which are hereby incorporated by reference, effective January 2016, copies of which may be obtained from the Board office. The Board office is located at 2601 Blair Stone Road, Tallahassee, FL 32399-0771.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Amanda Ackermann, Executive Director, Board of Architecture and Interior Design, 2601 Blair Stone Road, Tallahassee, Florida 32399-1039.

PRINT PUBLISH DATE:

7/14/2020 Vol. 46/136

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=61G1ER20-8&PDate=7/14/2020&Section=4

REFERENCE MATERIALS:

Ref-06745 Architecture Continuing Education Handbook Instructions, Applications and General Information for Architecture Contining Education

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