House Bill hb0489c1

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    Florida House of Representatives - 2002              CS/HB 489

        By the Council for Smarter Government and Representatives
    Henriquez, Kottkamp, Greenstein, Allen and Cantens





  1                      A bill to be entitled

  2         An act relating to land surveying and mapping;

  3         amending s. 472.003, F.S.; exempting certain

  4         subordinate employees from provisions relating

  5         to regulation of land surveying and mapping;

  6         amending s. 472.005, F.S.; providing

  7         definitions; amending s. 472.008, F.S.;

  8         providing rulemaking authority to the Board of

  9         Professional Surveyors and Mappers relating to

10         the use of professional titles by retirees;

11         amending s. 472.013, F.S.; deleting an obsolete

12         prerequisite to take the licensure examination

13         to practice as a surveyor and mapper; deleting

14         rulemaking authority for the review and

15         approval of military schools and federal

16         training and apprenticeship programs; amending

17         s. 472.015, F.S.; revising requirements for

18         licensure by endorsement; amending s. 472.029,

19         F.S.; revising provisions relating to access to

20         lands of others for surveying or mapping

21         purposes; providing applicability to

22         subordinates; providing for liability and duty

23         of care on agricultural land; amending s.

24         472.031, F.S.; prohibiting persons who are not

25         registered to practice surveying and mapping

26         from offering to practice such profession or

27         from using certain related professional titles;

28         providing penalties; amending s. 472.033, F.S.;

29         revising and providing grounds for disciplinary

30         action; providing penalties; deleting certain

31         duties of the Board of Professional Surveyors

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  1         and Mappers and the Department of Business and

  2         Professional Regulation relating to

  3         disciplinary proceedings; providing an

  4         effective date.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Subsection (5) is added to section 472.003,

  9  Florida Statutes, to read:

10         472.003  Persons not affected by ss.

11  472.001-472.037.--Sections 472.001-472.037 do not apply to:

12         (5)(a)  Persons who are employees of any state, county,

13  municipal, or other governmental unit of this state and who

14  are the subordinates of a person in responsible charge

15  registered under this chapter, to the extent that the

16  supervision meets standards adopted by rule of the board, if

17  any.

18         (b)  Persons who are employees of any employee leasing

19  company licensed pursuant to part XI of chapter 468 and who

20  work as subordinates of a person in responsible charge

21  registered under this chapter.

22         (c)  Persons who are employees of an individual

23  registered or legal entity certified under this chapter and

24  who are the subordinates of a person in responsible charge

25  registered under this chapter, to the extent that the

26  supervision meets standards adopted by rule of the board, if

27  any.

28         Section 2.  Subsections (9), (10), (11), (12), and (13)

29  are added to section 472.005, Florida Statutes, to read:

30         472.005  Definitions.--As used in ss. 472.001-472.037:

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  1         (9)  "Employee" means a person who receives

  2  compensation from and is under the supervision and control of

  3  an employer who regularly deducts the F.I.C.A. and withholding

  4  tax and provides workers' compensation, all as prescribed by

  5  law.

  6         (10)  "Subordinate" means an employee who performs work

  7  under the direction, supervision, and responsible charge of a

  8  person who is registered under this chapter.

  9         (11)  "Monument" means an artificial or natural object

10  that is permanent or semipermanent and used or presumed to

11  occupy any real property corner, any point on a boundary line,

12  or any reference point or other point to be used for

13  horizontal or vertical control.

14         (12)  "Legal entity" means a corporation, partnership,

15  association, or person practicing under a fictitious name who

16  is certified under s. 472.021.

17         (13)  "Retired professional surveyor and mapper" means

18  a person who has been licensed as a professional surveyor and

19  mapper by the board and who chooses to relinquish or not to

20  renew his or her license and applies to and is approved by the

21  board to use the title "Professional Surveyor and Mapper,

22  Retired."

23         Section 3.  Section 472.008, Florida Statutes, is

24  amended to read:

25         472.008  Rules of the board.--

26         (1)  The board has authority to adopt rules pursuant to

27  ss. 120.536(1) and 120.54 to implement the provisions of this

28  chapter conferring duties upon it.

29         (2)  The board shall adopt rules governing the use of

30  professional titles by retired surveyors and mappers.

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  1         Section 4.  Subsections (2) and (4) of section 472.013,

  2  Florida Statutes, are amended to read:

  3         472.013  Examinations, prerequisites.--

  4         (2)  An applicant shall be entitled to take the

  5  licensure examination to practice in this state as a surveyor

  6  and mapper if the applicant is of good moral character and has

  7  satisfied one of the following requirements:

  8         (a)  The applicant is a graduate of an approved course

  9  of study in surveying and mapping from a college or university

10  recognized by the board and has a specific experience record

11  of 4 or more years as a subordinate to a professional surveyor

12  and mapper in the active practice of surveying and mapping,

13  which experience is of a nature indicating that the applicant

14  was in responsible charge of the accuracy and correctness of

15  the surveying and mapping work performed. The course of study

16  in surveying and mapping must have included not fewer than 32

17  semester hours of study, or its academic equivalent, in the

18  science of surveying and mapping or in board-approved

19  surveying-and-mapping-related courses. Work experience

20  acquired as a part of the education requirement shall not be

21  construed as experience in responsible charge.

22         (b)  The applicant is a graduate of a 4-year course of

23  study, other than in surveying and mapping, at an accredited

24  college or university and has a specific experience record of

25  6 or more years as a subordinate to a registered surveyor and

26  mapper in the active practice of surveying and mapping, 5

27  years of which shall be of a nature indicating that the

28  applicant was in responsible charge of the accuracy and

29  correctness of the surveying and mapping work performed. The

30  course of study in disciplines other than surveying and

31  mapping must have included not fewer than 32 semester hours of

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  1  study or its academic equivalent, 25 semester hours of which

  2  shall be in surveying and mapping subjects or in any

  3  combination of courses in civil engineering, surveying,

  4  mapping, mathematics, photogrammetry, forestry, or land law

  5  and the physical sciences. Work experience acquired as a part

  6  of the education requirement shall not be construed as

  7  experience in responsible charge.

  8         (c)  The applicant was enrolled, on October 1, 1988, in

  9  a 4-year course of study in surveying and mapping at a college

10  or university recognized by the board and prior to October 1,

11  1991, and both completes at least 32 semester hours, or the

12  academic equivalent, in surveying-and-mapping-related courses

13  and has a specific experience record of 6 or more years as a

14  subordinate to a surveyor and mapper, 5 years of which are in

15  the active practice of surveying and mapping of a nature

16  indicating that the applicant was in responsible charge of the

17  accuracy and correctness of surveying and mapping work

18  performed.

19         (4)  The board shall adopt rules providing for the

20  review and approval of schools and colleges, including

21  military schools and training and apprenticeship programs

22  operated by the United States Government, and the courses of

23  study in surveying and mapping in such schools and, colleges,

24  and programs. The rules shall be based on the educational

25  requirements for surveying and mapping as defined in s.

26  472.005. The board may adopt rules providing for the

27  acceptance of the approval and accreditation of schools and

28  courses of study by a nationally accepted accreditation

29  organization.

30         Section 5.  Subsection (3) of section 472.015, Florida

31  Statutes, is amended to read:

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  1         472.015  Licensure.--

  2         (3)(a)  The board shall certify as qualified for a

  3  license by endorsement an applicant who:

  4         1.(a)  Holds a valid license to practice surveying and

  5  mapping issued prior to July 1, 1999, by another state or

  6  territory of the United States; Qualifies to take the

  7  examination as set forth in s. 472.013, who has passed a

  8  national, regional, state, or territorial licensing

  9  examination that is substantially equivalent to the

10  examination required by s. 472.013;, and who has a specific

11  experience record of at least 8 years as a subordinate to a

12  registered surveyor and mapper in the active practice of

13  surveying and mapping, 6 years of which must be of a nature

14  indicating that the applicant was in responsible charge of the

15  accuracy and correctness of the surveying and mapping work

16  performed satisfied the experience requirements set forth in

17  s. 472.013; or

18         2.(b)  Holds a valid license to practice surveying and

19  mapping issued by another state or territory of the United

20  States if the criteria for issuance of the license were

21  substantially the same as the licensure criteria that existed

22  in Florida at the time the license was issued.

23         (b)  All applicants for licensure by endorsement must

24  pass the Florida law and rules portion of the examination

25  prior to licensure.

26         Section 6.  Section 472.029, Florida Statutes, is

27  amended to read:

28         472.029  Authorization Surveyors and mappers authorized

29  to enter lands of third parties; under certain conditions.--

30         (1)  IN GENERAL.--Surveyors and mappers or their

31  subordinates may go on, over, and upon the lands of others

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  1  when necessary to make surveys and maps or locate or set

  2  monuments, and, in so doing, may carry with them their agents

  3  and employees necessary for that purpose. Entry under the

  4  right hereby granted by this subsection does not constitute

  5  trespass, and surveyors and mappers and their duly authorized

  6  agents or employees so entering are not liable to arrest or to

  7  a civil action by reason of such entry; however, this

  8  subsection section does not give authority to registrants,

  9  subordinates, agents, or employees to destroy, injure, damage,

10  or move any physical improvements anything on lands of another

11  without the written permission of the landowner.

12         (2)  LIABILITY AND DUTY OF CARE ON AGRICULTURAL LAND.--

13         (a)  Any person regulated by this chapter who enters

14  agricultural land shall do so in compliance with all federal,

15  state, and local laws, rules, and regulations pertaining to

16  premises security, agricultural protections, and other health

17  and safety requirements in place on such land.

18         (b)  A landowner is not liable to any third party for

19  civil or criminal acts or damages that result from the

20  negligent or intentional conduct of any person regulated by

21  this chapter on agricultural land.

22         (c)  If written notice is not delivered to the

23  landowner or landowner's registered agent at least 3 business

24  days prior to entry on an agricultural parcel containing more

25  than 160 acres, the duty of care owed by the landowner to

26  those regulated by this chapter is that due an undiscovered

27  trespasser.

28         (d)  This subsection applies only to land classified as

29  agricultural pursuant to s. 193.461.

30         Section 7.  Section 472.031, Florida Statutes, is

31  amended to read:

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  1         472.031  Prohibitions; penalties.--

  2         (1)  No person shall:

  3         (a)  Practice or offer to practice surveying and

  4  mapping unless such person is registered pursuant to ss.

  5  472.001-472.037;

  6         (b)  Use the name or title "registered surveyor and

  7  mapper," "surveyor and mapper," "professional surveyor and

  8  mapper," "land surveyor," "surveyor," or any combination

  9  thereof when such person has not registered pursuant to ss.

10  472.001-472.037;

11         (c)  Present as his or her own the registration of

12  another;

13         (d)  Knowingly give false or forged evidence to the

14  board or a member thereof; or

15         (e)  Use or attempt to use a registration that has been

16  suspended or revoked.

17         (2)  Any person who violates any provision of this

18  section commits is guilty of a misdemeanor of the first

19  degree, punishable as provided in s. 775.082 or s. 775.083.

20         Section 8.  Section 472.033, Florida Statutes, is

21  amended to read:

22         472.033  Disciplinary proceedings.--

23         (1)  The following acts constitute grounds for which

24  the disciplinary actions in subsection (2) (3) may be taken:

25         (a)  Violation of any provision of s. 472.031 or s.

26  455.227(1);

27         (b)  Attempting to procure a license to practice

28  surveying and mapping by bribery or fraudulent

29  misrepresentations;

30         (c)  Having a license to practice surveying and mapping

31  revoked, suspended, or otherwise acted against, including the

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  1  denial of licensure, by the licensing authority of another

  2  state, territory, or country;

  3         (d)  Being convicted or found guilty of, or entering a

  4  plea of nolo contendere to, regardless of adjudication, of a

  5  crime in any jurisdiction which directly relates to the

  6  practice of surveying and mapping or the ability to practice

  7  surveying and mapping;

  8         (e)  Making or filing a report or record that the

  9  licensee knows to be false, willfully failing to file a report

10  or record required by state or federal law, willfully impeding

11  or obstructing such filing, or inducing another person to

12  impede or obstruct such filing. Such reports or records shall

13  include only those that are signed in the capacity of a

14  registered surveyor and mapper;

15         (f)  Advertising goods or services in a manner that is

16  fraudulent, false, deceptive, or misleading in form or

17  content;

18         (g)  Upon proof that the licensee is guilty of fraud or

19  deceit, or of negligence, incompetency, or misconduct, in the

20  practice of surveying and mapping;

21         (h)  Failing to perform any statutory or legal

22  obligation placed upon a licensed surveyor and mapper;

23  violating any provision of this chapter, a rule of the board

24  or department, or a lawful order of the board or department

25  previously entered in a disciplinary hearing; or failing to

26  comply with a lawfully issued subpoena of the department; or

27         (i)  Practicing on a revoked, suspended, inactive, or

28  delinquent license; or.

29         (j)  Engaging in any professional or business conflict

30  of interest as defined by the board by rule.

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  1         (2)  The board shall specify by rule the acts or

  2  omissions that constitute a violation of subsection (1).

  3         (2)(3)  When the board finds any surveyor and mapper

  4  guilty of any of the grounds set forth in subsection (1), it

  5  may enter an order imposing one or more of the following

  6  penalties:

  7         (a)  Denial of an application for licensure.

  8         (b)  Revocation or suspension of a license.

  9         (c)  Imposition of an administrative fine not to exceed

10  $1,000 for each count or separate offense.

11         (d)  Issuance of a reprimand.

12         (e)  Placement of the surveyor and mapper on probation

13  for a period of time and subject to such conditions as the

14  board may specify.

15         (f)  Restriction of the authorized scope of practice by

16  the surveyor and mapper.

17         (4)  The department shall reissue the license of a

18  disciplined surveyor and mapper upon certification by the

19  board that he or she has complied with all of the terms and

20  conditions set forth in the final order.

21         Section 9.  This act shall take effect July 1, 2002.

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