House Bill hb0489e2

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                                   CS/HB 489, Second Engrossed/ntc



  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         providing grounds for disciplinary action;

30         providing an effective date.

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                                   CS/HB 489, Second Engrossed/ntc



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

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

  4  Florida Statutes, to read:

  5         472.003  Persons not affected by ss.

  6  472.001-472.037.--Sections 472.001-472.037 do not apply to:

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

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

  9  are the subordinates of a person in responsible charge

10  registered under this chapter, to the extent that the

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

12  any.

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

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

15  work as subordinates of a person in responsible charge

16  registered under this chapter.

17         (c)  Persons who are employees of an individual

18  registered or legal entity certified under this chapter and

19  who are the subordinates of a person in responsible charge

20  registered under this chapter, to the extent that the

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

22  any.

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

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

25         472.005  Definitions.--As used in ss. 472.001-472.037:

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

27  compensation from and is under the supervision and control of

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

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

30  law.

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                                   CS/HB 489, Second Engrossed/ntc



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

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

  3  person who is registered under this chapter.

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

  5  that is permanent or semipermanent and used or presumed to

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

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

  8  horizontal or vertical control.

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

10  association, or person practicing under a fictitious name who

11  is certified under s. 472.021.

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

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

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

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

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

17  Retired."

18         Section 3.  Section 472.008, Florida Statutes, is

19  amended to read:

20         472.008  Rules of the board.--

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

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

23  chapter conferring duties upon it.

24         (2)  The board shall adopt rules authorizing the use of

25  professional titles by retired surveyors and mappers. Such

26  rules shall establish guidelines designed to avoid abuse by

27  retirees and confusion on the part of the general public. The

28  rules shall not require continuing education requirements in

29  order to use a professional title by a retiree.

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

31  Florida Statutes, are amended to read:


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                                   CS/HB 489, Second Engrossed/ntc



  1         472.013  Examinations, prerequisites.--

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

  3  licensure examination to practice in this state as a surveyor

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

  5  satisfied one of the following requirements:

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

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

  8  recognized by the board and has a specific experience record

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

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

11  which experience is of a nature indicating that the applicant

12  was in responsible charge of the accuracy and correctness of

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

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

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

16  science of surveying and mapping or in board-approved

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

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

19  construed as experience in responsible charge.

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

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

22  college or university and has a specific experience record of

23  6 or more years as a subordinate to a registered surveyor and

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

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

26  applicant was in responsible charge of the accuracy and

27  correctness of the surveying and mapping work performed. The

28  course of study in disciplines other than surveying and

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

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

31  shall be in surveying and mapping subjects or in any


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                                   CS/HB 489, Second Engrossed/ntc



  1  combination of courses in civil engineering, surveying,

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

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

  4  of the education requirement shall not be construed as

  5  experience in responsible charge.

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

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

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

  9  1991, and both completes at least 32 semester hours, or the

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

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

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

13  the active practice of surveying and mapping of a nature

14  indicating that the applicant was in responsible charge of the

15  accuracy and correctness of surveying and mapping work

16  performed.

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

18  review and approval of schools and colleges, including

19  military schools and training and apprenticeship programs

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

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

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

23  requirements for surveying and mapping as defined in s.

24  472.005. The board may adopt rules providing for the

25  acceptance of the approval and accreditation of schools and

26  courses of study by a nationally accepted accreditation

27  organization.

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

29  Statutes, is amended to read:

30         472.015  Licensure.--

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                                   CS/HB 489, Second Engrossed/ntc



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

  2  license by endorsement an applicant who:

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

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

  5  territory of the United States; Qualifies to take the

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

  7  national, regional, state, or territorial licensing

  8  examination that is substantially equivalent to the

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

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

11  registered surveyor and mapper in the active practice of

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

13  indicating that the applicant was in responsible charge of the

14  accuracy and correctness of the surveying and mapping work

15  performed satisfied the experience requirements set forth in

16  s. 472.013; or

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

18  mapping issued by another state or territory of the United

19  States if the criteria for issuance of the license were

20  substantially the same as the licensure criteria that existed

21  in Florida at the time the license was issued.

22         (b)  All applicants for licensure by endorsement must

23  pass the Florida law and rules portion of the examination

24  prior to licensure.

25         Section 6.  Section 472.029, Florida Statutes, is

26  amended to read:

27         472.029  Authorization Surveyors and mappers authorized

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

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

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

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


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                                   CS/HB 489, Second Engrossed/ntc



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

  2  and employees necessary for that purpose. Entry under the

  3  right hereby granted by this subsection does not constitute

  4  trespass, and surveyors and mappers and their duly authorized

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

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

  7  subsection section does not give authority to registrants,

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

  9  or move any physical improvements anything on lands of another

10  without the written permission of the landowner.

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

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

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

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

15  premises security, agricultural protections, and other health

16  and safety requirements in place on such land.

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

18  civil or criminal acts or damages that result from the

19  negligent or intentional conduct of any person regulated by

20  this chapter on agricultural land.

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

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

23  days prior to entry on an agricultural parcel containing more

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

25  those regulated by this chapter is that due an undiscovered

26  trespasser.

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

28  agricultural pursuant to s. 193.461.

29         Section 7.  Section 472.031, Florida Statutes, is

30  amended to read:

31         472.031  Prohibitions; penalties.--


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                                   CS/HB 489, Second Engrossed/ntc



  1         (1)  No person shall:

  2         (a)  Practice or offer to practice surveying and

  3  mapping unless such person is registered pursuant to ss.

  4  472.001-472.037;

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

  6  mapper," "surveyor and mapper," "professional surveyor and

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

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

  9  472.001-472.037;

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

11  another;

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

13  board or a member thereof; or

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

15  suspended or revoked.

16         (2)  Any person who is found to be in violation of

17  violates any provision of this section is guilty of a

18  misdemeanor of the first degree, punishable as provided in s.

19  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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                                   CS/HB 489, Second Engrossed/ntc



  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.

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

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

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                                   CS/HB 489, Second Engrossed/ntc



  1         (2)(3)  When the board finds any surveyor and mapper

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

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

  4  penalties:

  5         (a)  Denial of an application for licensure.

  6         (b)  Revocation or suspension of a license.

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

  8  $1,000 for each count or separate offense.

  9         (d)  Issuance of a reprimand.

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

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

12  board may specify.

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

14  the surveyor and mapper.

15         (3)(4)  The department shall reissue the license of a

16  disciplined surveyor and mapper upon certification by the

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

18  conditions set forth in the final order.

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

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