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House Bill 0625

Florida House of Representatives - 1997 HB 625 By Representative Fischer 1 A bill to be entitled 2 An act relating to environmental professionals; 3 creating chapter 485, F.S., relating to the 4 regulation of environmental professionals; 5 providing purpose; providing requirements for 6 practice; providing for exemptions from 7 regulation; providing definitions; creating the 8 Board of Environmental Professionals within the 9 Department of Business and Professional 10 Regulation; providing for fees; providing 11 licensure requirements; providing for licensure 12 by endorsement; providing for renewal of 13 license; providing for address of primary place 14 of practice; providing for reactivation from 15 inactive status; providing for continuing 16 education requirements; requiring a certificate 17 of authorization for a corporation, 18 partnership, association, or person practicing 19 under a fictitious name to practice or offer to 20 practice environmental management; providing 21 for official seals; prohibiting certain acts 22 and providing penalties therefor; providing 23 acts that constitute grounds for disciplinary 24 action and providing penalties therefor; 25 requiring the reporting of criminal violations 26 for prosecution; providing effect of the 27 chapter locally; providing construction; 28 providing for grandfathering; amending s. 29 20.165, F.S.; placing the board within the 30 Division of Professions of the department; 31 providing an effective date. 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 Be It Enacted by the Legislature of the State of Florida: 2 3 Section 1. Chapter 485, Florida Statutes, consisting 4 of sections 485.001, 485.003, 485.005, 485.007, 485.009, 5 485.012, 485.013, 485.015, 485.017, 485.019, 485.021, 485.023, 6 485.025, 485.027, 485.029, 485.032, and 485.033, is created to 7 read: 8 485.001 Purpose.--It is hereby declared to be the 9 public policy of this state that, in order to safeguard the 10 health, safety, property, and welfare of its citizens and 11 natural resources, any person practicing or offering to 12 practice environmental management in the state must meet the 13 requirements of both the Department of Business and 14 Professional Regulation and the Board of Environmental 15 Professionals and must be licensed as provided in this 16 chapter. 17 485.003 License required to practice or use 18 professional title; exemptions.-- 19 (1) No person other than an environmental professional 20 duly licensed under this chapter may practice environmental 21 management or use the name or title of "environmental 22 professional" or any other title, designation, words, letters, 23 abbreviations, or device tending to indicate that such person 24 holds an active license as an environmental professional in 25 this state. 26 (2) The following persons are not required to obtain a 27 license as an environmental professional under this chapter: 28 (a) Any person practicing environmental management for 29 the improvement of, or otherwise affecting, property legally 30 owned by such person, unless such practice involves a public 31 utility, the health, safety, or welfare of the public, or the 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 health or safety of employees. This exemption does not 2 authorize the practice of environmental management through an 3 agent or employee who is not duly licensed under this chapter. 4 (b) Persons engaged solely in teaching the 5 environmental management sciences as a faculty member of a 6 college or university located in this state. 7 (c) Persons engaged in environmental management 8 research in the environmental management sciences which does 9 not affect the health, safety, or welfare of the public. 10 (d) Employees of a corporation not engaged in the 11 practice of environmental management as such, whose practice 12 of environmental management for such corporation is limited to 13 the design or fabrication of manufactured products and 14 servicing of such products or the operation of environmental 15 management systems or works. 16 (e) Any person, as a contractor, in the execution of 17 work designed by an environmental professional or, as a 18 foreman or superintendent, in the supervision of the 19 construction of such work. This exemption does not entitle a 20 contractor to certify that completed construction conforms to 21 the design prepared by an environmental professional. 22 (3) The following persons are specifically exempt from 23 regulation under this chapter, provided their work is reviewed 24 or prepared under the supervision of an environmental 25 professional or other authorized licensed professional to the 26 extent that the supervision meets the standards adopted by 27 rule of the board: 28 (a) Officers and employees of the state or of any 29 water management district or other local or regional 30 governmental entity practicing solely as such officers or 31 employees. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 (b) Employees of any firm, corporation, or partnership 2 who are acting within the scope of their employment as 3 subordinates of a person in responsible charge who is licensed 4 under this chapter. 5 485.005 Definitions.--As used in this chapter, the 6 term: 7 (1) "Board" means the Board of Environmental 8 Professionals. 9 (2) "Certificate of authorization" means a license to 10 practice environmental management issued by the department to 11 a corporation, partnership, association, or person practicing 12 under a fictitious name. 13 (3) "Department" means the Department of Business and 14 Professional Regulation. 15 (4) "Environmental management" includes the term 16 "professional environmental management" and means the 17 application of the scientific principles of the environmental 18 management sciences to the sound management of living natural 19 resources and their habitats; however, "environmental 20 management" does not include the management of agricultural or 21 aquacultural resources in the ordinary course of these 22 activities, except as such activities require environmental 23 permits or siting and offsite impact evaluations. 24 "Environmental management" does include, but is not limited 25 to, the activities set forth below, but only as such 26 activities pertain to the application of the scientific 27 principles of the environmental management sciences: 28 (a) Advising, consulting, planning, teaching, 29 researching, reporting, designing, and investigating as these 30 activities relate to living natural resources and their 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 habitats, including specialized-habitat or species-specific 2 management plans. 3 (b) Reporting on environmental management work and 4 study, including environmental impact statements, categorical 5 exclusions, reports required by the National Environmental 6 Policy Act of 1969, the federal Clean Water Act, the federal 7 Clean Air Act, and such other environmental reports as may be 8 required by national, state, and local environmental 9 legislation or policy. 10 (c) Administration and management of environmental 11 work, including such administration and management as may be 12 required under Insurance Services Office (ISO) filing 14,000 13 or the Administrative Procedure Act. 14 (d) Maintenance, conservation, protection, 15 restoration, and enhancement of ecosystems and habitats. 16 (e) Collection, analysis, and interpretation of 17 scientific data and the inventory, evaluation, and monitoring 18 of living natural resources and habitats, including wetland 19 jurisdictional determinations. 20 (f) Assessment of the presence or threat of an 21 environmental hazard or contamination upon, in, or under real 22 property and the planning, designing, or implementation of 23 remedial activities to address such environmental hazard or 24 contamination. 25 (g) The assessment of historic, existing, and future 26 impacts to living natural resources and their habitats. This 27 assessment includes any work associated with assessments of 28 impacts to living natural resources and their habitats from 29 constructed or natural discharges to the environment of solid, 30 liquid, or gaseous materials and the determination of 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 reduction goals required to maintain or restore acceptable 2 habitat quality. 3 (5) "Environmental management sciences" includes the 4 sciences of environmental agronomy, biology, environmental 5 chemistry, and environmental physics, as they relate to living 6 natural resources and their habitats. These sciences are 7 collectively referred to as "natural sciences" and a person 8 specializing in these sciences is referred to as a "natural 9 scientist." For purposes of this subsection, the term: 10 (a) "Environmental agronomy" includes the science of 11 agronomy as it relates to the common practice of the soil 12 sciences regarding the definition and characterization of soil 13 habitats as suitable or not suitable for successful use by 14 natural living resources and only to the extent of evaluating 15 the biological responses to physical and chemical changes in 16 habitat quality and suitability. 17 (b) "Biology" includes the science of biology and its 18 areas of specialization which pertain to living resources and 19 their habitats as well as the development of methods of study 20 of the biology of living resources and their habitats. 21 Included under this definition are areas of specialization 22 such as aquatic science, biology, botany, ecology, forestry, 23 herpetology, ichthyology, limnology, mammalogy, marine 24 science, microbiology, oceanography, ornithology, systems 25 ecology, systems energetics, wildlife science, and zoology. 26 Also included under this definition are the behavioral 27 sciences to the extent of evaluating the biological responses 28 to physical and chemical changes in habitat quality and 29 suitability. Excluded under this definition are areas of 30 biological specialization such as dentistry, chiropractic, 31 medicine, and veterinary medicine. 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 (c) "Environmental chemistry" includes only the 2 specialized sciences of chemistry which pertain to living 3 resources and their habitats as well as the development of 4 methods of study of the chemistry of living resources and 5 their habitats. Included under this definition are areas of 6 specialization such as aquatic chemistry as it relates to 7 habitat quality, marine chemistry as it relates to habitat 8 quality, soil chemistry as it relates to habitat quality, 9 atmospheric chemistry as it relates to habitat quality, 10 biochemistry as it relates to responses of living resources to 11 habitat quality and changes in habitat quality, hazardous 12 materials as it relates to habitat quality, and environmental 13 toxicology. Excluded under this definition are areas of 14 specialization such as quantitative analysis, synthetic 15 chemistry, atomic chemistry, petrochemistry, and physical 16 chemistry, unless such application of the specialization 17 relates to living resources and the quality of their habitat 18 and then only to the extent of evaluating the biological 19 responses to physical and chemical changes in habitat quality 20 and suitability. 21 (d) "Environmental physics" includes only the 22 specialized sciences of physics which pertain to living 23 resources and their habitats as well as the development of 24 methods of study of the physics of living resources and their 25 habitats. Included under this definition are areas of 26 specialization such as the atmospheric sciences as they relate 27 to habitat quality, erosion and soil movement as it relates to 28 habitat quality, water movement as it relates to habitat 29 quality, the study of noise as it relates to habitat quality, 30 and biological responses to noise. Excluded under this 31 definition are areas of specialization in physics such as 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 quantum mechanics, materials, optics, electromagnetism, and 2 atomic physics, unless the application of such specialization 3 relates to living resources and the quality of their habitat 4 and then only to the extent of evaluating the biological 5 responses to physical and chemical changes in habitat quality 6 and suitability. 7 (6) "Environmental professional" includes the term 8 "licensed environmental professional" and means a natural 9 scientist who performs environmental management work and is 10 licensed to engage in the practice of professional 11 environmental management as described in this chapter. 12 (7) "Habitat" or "habitat quality" includes the 13 determination of the suitability and sustainability of a 14 natural, created, restored, managed, or artificial habitat as 15 related to specific organisms, guilds, ecosystems, bioregions, 16 or other groups of biota, their habitats, their natural 17 histories, and their associated management requirements. 18 (8) "Practice of professional environmental 19 management" means the performance of, or offer to perform, 20 environmental management as defined in subsection (4), except 21 as specifically exempted under s. 485.003. Any person who 22 practices as an environmental professional, who by verbal 23 claim, sign, advertisement, letterhead, card, or any other 24 means represents himself or herself to be an environmental 25 professional, who through the use of some title implies that 26 he or she is an environmental professional or that he or she 27 is licensed under this chapter, or who holds himself or 28 herself out as able to perform or does perform any 29 environmental management services or work recognized as 30 professional environmental management, shall be construed to 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 be engaged in the practice of professional environmental 2 management. 3 485.007 Board of Environmental Professionals.-- 4 (1) There is created in the Department of Business and 5 Professional Regulation a Board of Environmental 6 Professionals. The board shall consist of seven members, four 7 of whom must be licensed and practicing environmental 8 professionals, with each being a representative of a separate 9 one of the environmental management sciences listed in s. 10 485.005(5), except that prior to October 1, 1997, such persons 11 shall be otherwise qualified as environmental professionals. 12 Of the remaining three members of the board, two shall be lay 13 persons who are not and have never been environmental 14 professionals or members of any closely related profession or 15 occupation, and one shall be a person engaged in the teaching 16 of environmental management science. 17 (2) Initially, the Governor shall appoint four members 18 for a term of 4 years each and three members for a term of 3 19 years each. Thereafter, members shall be appointed for 4-year 20 terms. Initially, and prior to initiation of the 21 grandfathering program under s. 485.033, the four members 22 seated as licensed and practicing environmental professionals 23 shall be unlicensed practicing environmental professionals who 24 the Governor has determined satisfy all of the requirements 25 for licensure as set forth in s. 485.012. 26 (3) The board is authorized to make such rules not 27 inconsistent with law as may be necessary to carry out the 28 duties and authority conferred upon the board by this chapter. 29 Every licensee shall be governed and controlled by this 30 chapter and the rules adopted by the board pursuant thereto. 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 (4) The board shall establish, by rule, 2 classifications of environmental professional licensure based 3 on the specialties which exist in the field of environmental 4 management. Such classifications shall, at a minimum, include 5 the environmental management sciences of biology, 6 environmental agronomy, environmental chemistry, and 7 environmental physics. 8 (5) The board shall develop a test specific to each of 9 the classifications established by rule. Such testing may 10 rely on existing public or private certifications which in the 11 board's judgment adequately test an applicant's basic 12 qualifications and specific ability to practice in the 13 specialized area or areas of professional environmental 14 management designated by the applicant and may require, as a 15 prerequisite to examination, a combination of education and 16 experience consistent with the minimum requirements set forth 17 in s. 485.012. Such certifications may include those issued 18 by professional associations, scientific associations, or 19 government agencies, as determined by the board and adopted by 20 rule. 21 (6) By September 1, 1997, the board shall promulgate 22 by rule a code of ethics for the practice of professional 23 environmental management. 24 (7) The location of the board shall be in Leon County. 25 485.009 Fees.--The board, by rule, may establish fees 26 to be paid for applications, licensing and renewal, 27 reactivation of inactive or delinquent licenses, and 28 recordmaking and recordkeeping. The board may also establish, 29 by rule, a delinquency fee. The board shall establish fees 30 which are adequate to ensure the continued operation of the 31 board. Fees shall be based on department estimates of the 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 revenue required to implement this chapter and the provisions 2 of law with respect to the regulation of environmental 3 professionals. The fees established for the first year of 4 this chapter shall be limited as follows: 5 (1) The application fee may not exceed $100 and is 6 nonrefundable. 7 (2) The initial license fee may not exceed $100. 8 485.012 Licensure; requirements.-- 9 (1) Any person desiring to be licensed as an 10 environmental professional shall apply to the department. 11 Each applicant must: 12 (a) Complete the application form and remit the 13 application fee. 14 (b) Be at least 18 years of age. 15 (c) Attest that he or she has not committed any act or 16 offense in any jurisdiction which would constitute the basis 17 for disciplining an environmental professional licensed under 18 this chapter. 19 (d) Agree to abide by the code of ethics as adopted by 20 the board. 21 (2) The department shall issue a license to practice 22 professional environmental management to any person who has: 23 (a) Paid the appropriate license fee. 24 (b) Been certified by the board as qualified to 25 practice professional environmental management. 26 (c) Provided proof of having earned a 4-year degree in 27 one of the environmental management sciences from a fully 28 accredited college or university. 29 (d) Provided proof of having completed a minimum of 5 30 cumulative years of experience under the supervision of a 31 licensed environmental professional. 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 (e) Provided proof of having met the continuing 2 education requirements under s. 485.015(4) during each of the 3 5 years prior to the application. 4 (3) The department may not issue a license to any 5 applicant who: 6 (a) Is under investigation in any jurisdiction for an 7 offense which would constitute a violation of this chapter; 8 however, upon completion of such investigation, the 9 disciplinary provisions of s. 485.025 shall apply; or 10 (b) The board has determined, based upon credentials 11 of the applicant and other documents provided by the 12 applicant, is not qualified for licensure. 13 485.013 Licensure by endorsement; requirements.-- 14 (1) The department shall issue a license by 15 endorsement to any applicant who, upon applying to the 16 department and remitting the application fee, the board has 17 certified: 18 (a) Is at least 18 years of age. 19 (b) Holds an active, valid license in a least one 20 jurisdiction in the United States in which the current 21 requirements for licensure are equivalent to or more stringent 22 than those in this chapter. 23 (c) Has not committed any act or offense in any 24 jurisdiction which would constitute the basis for disciplining 25 an environmental professional licensed under this chapter. 26 (2) The department may not issue a license to any 27 applicant who: 28 (a) Is under investigation in any jurisdiction for an 29 offense which would constitute a violation of this chapter; 30 however, upon completion of the investigation, the 31 disciplinary provisions of s. 485.025 shall apply; or 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 (b) The board has determined, based upon credentials 2 of the applicant and other documents provided by the 3 applicant, is not qualified for licensure. 4 485.015 Renewal of license; address of primary place 5 of practice; continuing education.-- 6 (1) The department shall renew a license upon receipt 7 of the renewal application and fee, provided the licensee has 8 not committed any act or offense which would constitute a 9 basis for discipline under this chapter or any rule adopted 10 pursuant to this chapter. 11 (2) The department shall adopt rules establishing a 12 procedure for the biennial renewal of licenses. 13 (3) Prior to engaging in practice, a licensee must 14 have on file with the department the address of his or her 15 primary place of practice within the state. Prior to changing 16 the address of his or her primary place of practice, whether 17 or not within this state, the licensee must notify the 18 department of the address of his or her new primary place of 19 practice. 20 (4) Every person licensed as an environmental 21 professional under this chapter must complete at least 24 22 classroom hours in approved continuing education in the 24 23 months preceding each biennial renewal period as established 24 by the department. For the purpose of this subsection, each 25 hour spent in the continuing education course shall equal one 26 continuing education classroom hour. The board shall maintain 27 a list of approved continuing education courses, instructors, 28 and providers. 29 485.017 Inactive status; reactivation.--A license 30 which has become inactive may be reactivated under s. 485.015 31 upon application to the department, provided the licensee has 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 not committed any act or offense which would constitute the 2 basis for discipline under this chapter or any rule adopted 3 pursuant to this chapter. The board shall prescribe by rule 4 continuing education requirements for reactivating a license. 5 However, the continuing education requirements for 6 reactivating a license may not exceed 12 classroom hours for 7 each year the license was inactive. 8 485.019 Practice of environmental management by 9 corporation, partnership, association, or person practicing 10 under a fictitious name; certificate of authorization.-- 11 (1) The practice of, or the offer to practice, 12 environmental management by licensees through a corporation or 13 partnership offering environmental management services to the 14 public or by a corporation or partnership offering such 15 services to the public through licensees under this chapter as 16 agents, employees, officers, or partners is permitted only if 17 the firm possesses a certificate of authorization issued by 18 the department pursuant to qualification by the board, subject 19 to the provisions of this chapter. One or more of the 20 principal officers or employees of the corporation or one or 21 more partners or employees of the partnership and all 22 supervisory personnel of the corporation or partnership who 23 act on its behalf as environmental professionals in this state 24 must be licensed as provided by this chapter. Nothing in this 25 section shall be construed to mean that a certificate of 26 authorization to practice environmental management shall be 27 held by a corporation. Nothing in this section prohibits 28 corporations and partnerships from joining together to offer 29 environmental management services to the public, provided each 30 corporation or partnership otherwise meets the requirements of 31 this section. No corporation or partnership shall be relieved 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 of responsibility for the conduct or acts of its agents, 2 employees, or officers by reason of its compliance with this 3 section, nor shall any individual practicing environmental 4 management be relieved of responsibility for professional 5 services performed by reason of his or her employment or 6 relationship with a corporation or partnership. 7 (2) For the purposes of this section, a certificate of 8 authorization shall be required for a corporation, 9 partnership, association, or person practicing under a 10 fictitious name, offering environmental management services to 11 the public. However, when an individual is practicing 12 environmental management in his or her own given name, the 13 individual is not required to hold a certificate of 14 authorization under this section. 15 (3) The fact that a licensed environmental 16 professional practices through a corporation or partnership 17 does not relieve the licensee from personal liability for 18 negligence, misconduct, or wrongful acts committed by the 19 licensee. Partnerships and all partners shall be jointly and 20 severally liable for the negligence, misconduct, or wrongful 21 acts committed by their agents, employees, or partners while 22 acting in a professional capacity. Any officer, agent, or 23 employee of a corporation shall be personally liable and 24 accountable only for negligent acts, wrongful acts, or 25 misconduct committed by such person or committed by any person 26 under the direct supervision and control of such person, while 27 rendering professional services on behalf of the corporation. 28 The personal liability of a shareholder of a corporation, in 29 his or her capacity as shareholder, shall be no greater than 30 that of a shareholder-employee of a corporation incorporated 31 under chapter 607. The corporation shall be liable up to the 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 full value of its property for any negligent acts, wrongful 2 acts, or misconduct committed by any of its officers, agents, 3 or employees while they are engaged on behalf of the 4 corporation in the rendering of professional services. 5 (4) Persons seeking to incorporate under the 6 provisions of this section must obtain approval from the 7 department prior to filing articles of incorporation with the 8 Department of State. 9 (5) Each certification of authorization shall be 10 renewed every 2 years. Each partnership and corporation 11 certified under this section must notify the board within 1 12 month after any change in the information contained in the 13 application upon which the certification is based. 14 (6) Disciplinary action against a corporation or 15 partnership shall be administered in the same manner and on 16 the same grounds as disciplinary action against a licensed 17 environmental professional. 18 485.021 Seals.-- 19 (1) The board shall prescribe, by rule, a form of seal 20 to be used by licensees holding valid licenses. Each licensee 21 must obtain an impression-type metal seal in the form 22 prescribed by the board. The board shall, by rule, determine 23 the types of environmental management papers, reports, or 24 documents prepared or issued by the licensee and being filed 25 for public record which must be signed by the licensee, dated, 26 and embossed with such seal. Such signature, date, and seal 27 shall be evidence of the authenticity of that to which they 28 are affixed. It is unlawful for any person to emboss or seal 29 any document with a seal without a current license. 30 (2) When a license has been revoked or suspended by 31 the board, the licensee must surrender his or her seal to the 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 secretary of the board within a period of 30 days after the 2 revocation or suspension has become effective. In the event a 3 license has been suspended for a period of time, the seal 4 shall be returned to the licensee upon reinstatement. 5 (3) No licensee shall affix or permit to be affixed 6 his or her seal or name to any environmental management paper, 7 report, or document which depicts work that the licensee is 8 not licensed to perform or that is beyond the licensee's 9 profession or specialty therein. 10 485.023 Prohibitions; penalties.-- 11 (1) No person shall knowingly: 12 (a) Practice environmental management unless the 13 person is licensed under this chapter. 14 (b) Use the name or title "licensed environmental 15 professional" or any other title, designation, words, letters, 16 abbreviations, or device tending to indicate that such person 17 holds an active license as an environmental professional when 18 the person is not licensed under this chapter. 19 (c) Present as his or her own the license of another. 20 (d) Give false or forged evidence to the board or a 21 member of the board for the purpose of obtaining a license. 22 (e) Use or attempt to use a license which has been 23 suspended, revoked, or placed on inactive or delinquent 24 status. 25 (f) Employ unlicensed persons to practice 26 environmental management, except as authorized in this 27 chapter. 28 (g) Conceal information relative to violations of this 29 chapter. 30 31 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 (2) A person who violates any provision of this 2 section commits a misdemeanor of the first degree, punishable 3 as provided in s. 775.082 or s. 775.083. 4 (3) The board may adopt rules prescribing additional 5 rules of conduct for environmental management professionals, 6 violation of which may be punished pursuant to s. 485.025. 7 485.025 Disciplinary proceedings.-- 8 (1) The following acts constitute grounds for which 9 the disciplinary actions in subsection (3) may be taken: 10 (a) Violation of any provision of s. 485.023 or s. 11 455.227(1) or any other provision of this chapter. 12 (b) Violation of any rule adopted by the board 13 pursuant to this chapter. 14 (c) Attempting to procure a license to practice 15 environmental management by bribery or fraudulent 16 misrepresentations. 17 (d) Having a license to practice environmental 18 management revoked, suspended, or otherwise acted against, 19 including the denial of licensure by the licensing authority 20 of another state, territory, or country. 21 (e) Being convicted or found guilty of, or entering a 22 plea of nolo contendere to, regardless of adjudication, a 23 crime in any jurisdiction which directly relates to the 24 practice of environmental management or the ability to 25 practice environmental management. 26 (f) Making or filing a report or record which the 27 licensee knows to be false, willfully failing to file a report 28 or record required by state or federal law, willfully impeding 29 or obstructing such filing, or inducing another person to 30 impede or obstruct such filing. Such reports or records shall 31 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 include only those which are signed in the capacity of a 2 licensed environmental professional. 3 (g) Advertising environmental management services in a 4 manner which is fraudulent, false, deceptive, or misleading in 5 form or content. 6 (h) Engaging in fraud or deceit, negligence, 7 incompetence, or misconduct, in the practice of environmental 8 management. 9 (i) Violation of chapter 455. 10 (j) Practicing on a revoked, suspended, inactive, or 11 delinquent license. 12 (k) Affixing or permitting to be affixed his or her 13 seal or name to any environmental management papers, reports, 14 or documents that were not prepared by him or her or under his 15 or her responsible supervision, direction, or control. 16 (l) Violating a rule of the department or any order of 17 the department previously entered in a disciplinary hearing. 18 (2) The department shall specify, by rule, what acts 19 or omissions constitute a violation of subsection (1). 20 (3) When the department finds any person guilty of any 21 of the grounds set forth in subsection (1), it may enter an 22 order imposing one or more of the following penalties: 23 (a) Denial of an application for licensure. 24 (b) Revocation or suspension of a license. 25 (c) Imposition of an administrative fine not to exceed 26 $1,000 for each count or separate offense. 27 (d) Issuance of a reprimand. 28 (e) Placement of the licensee on probation for a 29 period of time and subject to such conditions as the 30 department may specify. 31 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 (f) Restriction of the authorized scope of practice by 2 the licensee. 3 (4) The department shall reissue the license of a 4 disciplined environmental professional or business upon 5 certification by the board that the disciplined person or 6 business has complied with all of the terms and conditions set 7 forth in the final order. 8 485.027 Prosecution of criminal violations.--The board 9 shall report any criminal violation of this chapter to the 10 proper prosecuting authority for prompt prosecution. 11 485.029 Effect of the chapter locally.-- 12 (1) Nothing contained in this chapter shall be 13 construed to repeal, amend, limit, or otherwise affect any 14 local building code or zoning law or ordinance, now or 15 hereafter enacted, which is more restrictive with respect to 16 the services of licensed environmental professionals than the 17 provisions of this chapter. 18 (2) In counties or municipalities which issue building 19 permits, such permits shall not be issued in any case in which 20 it is apparent from the application for such building permit 21 that the provisions of this chapter have been violated. 22 However, this shall not authorize the withholding of building 23 permits in any cases within the exempt classes set forth in 24 this chapter. 25 485.032 Construction of chapter.--Nothing in this 26 chapter shall be construed to restrict, prevent, or prohibit 27 the practice of any profession or trade for which a license is 28 required under any other law of this state, including the 29 practice by licensed professional engineers, licensed 30 professional geologists, licensed landscape architects, or 31 licensed surveyors. 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 485.033 Grandfathering.--Prior to September 1, 1997, 2 the board shall initiate a program to award licenses to 3 applicants who meet the licensing requirements of this 4 chapter. Prior to December 1, 1997, the board shall initiate 5 a program to award licenses to applicants who substantially 6 meet the licensing requirements of this chapter but fail to 7 meet the formal educational requirements, recognizing that 8 life experience may be substituted for these requirements, 9 provided that adequate testimonials are received with the 10 application which attest to the quality of the applicant's 11 past performance. The grandfathering provisions of this 12 section shall also accept proof of having completed a minimum 13 of 5 cumulative years of experience in a position of 14 responsible charge of environmental management work as having 15 met the requirement of s. 485.012(2)(d). However, no other 16 requirements may be modified in considering the award of 17 licenses under the grandfathering provisions of this section. 18 Applications may not be accepted under this section after 19 September 1, 1998; and licenses may not be awarded under this 20 section after March 1, 1999. 21 Section 2. Paragraph (a) of subsection (4) of section 22 20.165, Florida Statutes, 1996 Supplement, as amended by 23 chapter 96-403, Laws of Florida, is amended to read: 24 20.165 Department of Business and Professional 25 Regulation.--There is created a Department of Business and 26 Professional Regulation. 27 (4)(a) The following boards are established within the 28 Division of Professions: 29 1. Board of Architecture and Interior Design, created 30 under part I of chapter 481. 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 2. Florida Board of Auctioneers, created under part VI 2 of chapter 468. 3 3. Barbers' Board, created under chapter 476. 4 4. Florida Building Code Administrators and Inspectors 5 Board, created under part XIII of chapter 468. 6 5. Construction Industry Licensing Board, created 7 under part I of chapter 489. 8 6. Board of Cosmetology, created under chapter 477. 9 7. Electrical Contractors' Licensing Board, created 10 under part II of chapter 489. 11 8. Board of Employee Leasing Companies, created under 12 part XI of chapter 468. 13 9. Board of Environmental Professionals, created under 14 chapter 485. 15 10.9. Board of Funeral Directors and Embalmers, 16 created under chapter 470. 17 11.10. Board of Landscape Architecture, created under 18 part II of chapter 481. 19 12.11. Board of Pilot Commissioners, created under 20 chapter 310. 21 13.12. Board of Professional Engineers, created under 22 chapter 471. 23 14.13. Board of Professional Geologists, created under 24 chapter 492. 25 15.14. Board of Professional Surveyors and Mappers, 26 created under chapter 472. 27 16.15. Board of Veterinary Medicine, created under 28 chapter 474. 29 Section 3. This act shall take effect July 1, 1997. 30 31 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 625 568-123-97 1 ***************************************** 2 HOUSE SUMMARY 3 Creates chapter 485, F.S., to provide for the regulation 4 of environmental professionals. Creates the Board of Environmental Professionals within the Division of 5 Professions of the Department of Business and Professional Regulation for such purpose. Requires 6 licensure of individuals and certification of corporations, partnerships, associations, and person 7 practicing under a fictitious name. Provides for exemption from regulation for certain persons and for the 8 grandfathering in of certain persons. See bill for details. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 23