Senate Bill sb0526
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Florida Senate - 2002 SB 526
By Senator Campbell
33-286-02
1 A bill to be entitled
2 An act relating to land surveying and mapping;
3 amending s. 472.003, F.S.; providing additional
4 exemptions from regulation; amending s.
5 472.005, F.S.; providing additional
6 definitions; amending s. 472.013, F.S.;
7 eliminating obsolete provisions; eliminating
8 provisions relating to the approval of training
9 provided by the United States Government;
10 amending s. 472.015, F.S.; revising
11 work-experience requirements for licensure by
12 endorsement; amending s. 472.029, F.S.;
13 revising provisions authorizing surveyors and
14 mappers to enter lands of third parties;
15 providing liability standards for such entries;
16 amending s. 472.033, F.S.; providing as grounds
17 for discipline a plea of nolo contendere to
18 certain crimes; eliminating board authority to
19 specify which acts constitute violations;
20 eliminating a requirement for reissuance of
21 certain licenses upon board certification;
22 providing an effective date.
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24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Subsection (5) is added to section 472.003,
27 Florida Statutes, to read:
28 472.003 Persons not affected by ss.
29 472.001-472.037.--Sections 472.001-472.037 do not apply to:
30 (5)(a) Employees of a state, county, municipal, or
31 other governmental unit of this state who are the subordinates
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1 of a person in responsible charge who is registered under this
2 chapter, to the extent that the supervision meets standards
3 adopted by board rule.
4 (b) Employees of an employee leasing company licensed
5 under part XI of chapter 468 who work as subordinates of a
6 person in responsible charge who is registered under this
7 chapter, to the extent that the supervision meets standards
8 adopted by board rule.
9 (c) Employees of a person or legal entity registered
10 or certified under this chapter who are subordinates of a
11 person in responsible charge who is registered under this
12 chapter, to the extent that the supervision meets standards
13 adopted by board rule.
14 Section 2. Section 472.005, Florida Statutes, is
15 amended to read:
16 472.005 Definitions.--As used in ss. 472.001-472.037,
17 the term:
18 (1) "Board" means the Board of Professional Surveyors
19 and Mappers.
20 (2) "Department" means the Department of Business and
21 Professional Regulation.
22 (3) "Surveyor and mapper" includes the term
23 "professional surveyor and mapper" and means a person who is
24 registered to engage in the practice of surveying and mapping
25 under ss. 472.001-472.037. For the purposes of this statute, a
26 surveyor and mapper means a person who determines and displays
27 the facts of size, shape, topography, tidal datum planes,
28 legal or geodetic location or relation, and orientation of
29 improved or unimproved real property through direct
30 measurement or from certifiable measurement through accepted
31 photogrammetric procedures.
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1 (4)(a) "Practice of surveying and mapping" means,
2 among other things, any professional service or work, the
3 adequate performance of which involves the application of
4 special knowledge of the principles of mathematics, the
5 related physical and applied sciences, and the relevant
6 requirements of law for adequate evidence of the act of
7 measuring, locating, establishing, or reestablishing lines,
8 angles, elevations, natural and manmade features in the air,
9 on the surface and immediate subsurface of the earth, within
10 underground workings, and on the beds or surface of bodies of
11 water, for the purpose of determining, establishing,
12 describing, displaying, or interpreting the facts of size,
13 shape, topography, tidal datum planes, legal or geodetic
14 location or relocation, and orientation of improved or
15 unimproved real property and appurtenances thereto, including
16 acreage and condominiums.
17 (b) The practice of surveying and mapping also
18 includes, but is not limited to, photogrammetric control; the
19 monumentation and remonumentation of property boundaries and
20 subdivisions; the measurement of and preparation of plans
21 showing existing improvements after construction; the layout
22 of proposed improvements; the preparation of descriptions for
23 use in legal instruments of conveyance of real property and
24 property rights; the preparation of subdivision planning maps
25 and record plats, as provided for in chapter 177; the
26 determination of, but not the design of, grades and elevations
27 of roads and land in connection with subdivisions or divisions
28 of land; and the creation and perpetuation of alignments
29 related to maps, record plats, field note records, reports,
30 property descriptions, and plans and drawings that represent
31 them.
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1 (5) The term "Surveyor and mapper intern" includes the
2 term "surveyor-mapper-in-training" and means a person who
3 complies with the requirements provided by ss. 472.001-472.037
4 and who has passed an examination as provided by rules adopted
5 by the board.
6 (6) The term "Responsible charge" means direct control
7 and personal supervision of surveying and mapping work, but
8 does not include experience as a chainperson, rodperson,
9 instrumentperson, ordinary draftsperson, digitizer, scriber,
10 photo lab technician, ordinary stereo plotter operator, aerial
11 photo pilot, photo interpreter, and other positions of routine
12 work.
13 (7) The term "License" means the registration of
14 surveyors and mappers or the certification of businesses to
15 practice surveying and mapping in this state.
16 (8) "Photogrammetric mapper" means any person who
17 engages in the practice of surveying and mapping using aerial
18 or terrestrial photography or other sources of images.
19 (9) "Employee" means a person who receives
20 compensation from and is under the supervision and control of
21 an employer who regularly deducts the F.I.C.A. and withholding
22 tax and provides workers' compensation, as prescribed by law.
23 (10) "Subordinate" means an employee who performs work
24 under the direction, supervision, and responsible charge of a
25 person who is registered under this chapter.
26 (11) "Monument" means an artificial or natural object
27 that is permanent or semipermanent and used or presumed to
28 occupy a real property corner, a point on a boundary line, or
29 a reference point or other point used for horizontal or
30 vertical control.
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1 (12) "Legal entity" means a corporation, partnership,
2 association, or person practicing under a fictitious name who
3 is certified under this chapter.
4 (13) "Retired Professional Surveyor and Mapper" means
5 a person who has been licensed as a professional surveyor and
6 mapper, who relinquishes or chooses not to renew his or her
7 license, and who is allowed by the board pursuant to its rules
8 to use the title "Professional Surveyor and Mapper, Retired."
9 Section 3. Subsections (2) and (4) of section 472.013,
10 Florida Statutes, are amended to read:
11 472.013 Examinations, prerequisites.--
12 (2) An applicant shall be entitled to take the
13 licensure examination to practice in this state as a surveyor
14 and mapper if the applicant is of good moral character and has
15 satisfied one of the following requirements:
16 (a) The applicant is a graduate of an approved course
17 of study in surveying and mapping from a college or university
18 recognized by the board and has a specific experience record
19 of 4 or more years as a subordinate to a professional surveyor
20 and mapper in the active practice of surveying and mapping,
21 which experience is of a nature indicating that the applicant
22 was in responsible charge of the accuracy and correctness of
23 the surveying and mapping work performed. The course of study
24 in surveying and mapping must have included not fewer than 32
25 semester hours of study, or its academic equivalent, in the
26 science of surveying and mapping or in board-approved
27 surveying-and-mapping-related courses. Work experience
28 acquired as a part of the education requirement shall not be
29 construed as experience in responsible charge.
30 (b) The applicant is a graduate of a 4-year course of
31 study, other than in surveying and mapping, at an accredited
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1 college or university and has a specific experience record of
2 6 or more years as a subordinate to a registered surveyor and
3 mapper in the active practice of surveying and mapping, 5
4 years of which shall be of a nature indicating that the
5 applicant was in responsible charge of the accuracy and
6 correctness of the surveying and mapping work performed. The
7 course of study in disciplines other than surveying and
8 mapping must have included not fewer than 32 semester hours of
9 study or its academic equivalent, 25 semester hours of which
10 shall be in surveying and mapping subjects or in any
11 combination of courses in civil engineering, surveying,
12 mapping, mathematics, photogrammetry, forestry, or land law
13 and the physical sciences. Work experience acquired as a part
14 of the education requirement shall not be construed as
15 experience in responsible charge.
16 (c) The applicant was enrolled, on October 1, 1988, in
17 a 4-year course of study in surveying and mapping at a college
18 or university recognized by the board and prior to October 1,
19 1991, and both completes at least 32 semester hours, or the
20 academic equivalent, in surveying-and-mapping-related courses
21 and has a specific experience record of 6 or more years as a
22 subordinate to a surveyor and mapper, 5 years of which are in
23 the active practice of surveying and mapping of a nature
24 indicating that the applicant was in responsible charge of the
25 accuracy and correctness of surveying and mapping work
26 performed.
27 (4) The board shall adopt rules providing for the
28 review and approval of schools and colleges, including
29 military schools and training and apprenticeship programs
30 operated by the United States Government, and the courses of
31 study in surveying and mapping in such schools and, colleges,
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1 and programs. The rules must shall be based on the educational
2 requirements for surveying and mapping as defined in s.
3 472.005. The board may adopt rules providing for the
4 acceptance of the approval and accreditation of schools and
5 courses of study by a nationally accepted accreditation
6 organization.
7 Section 4. Subsection (3) of section 472.015, Florida
8 Statutes, is amended to read:
9 472.015 Licensure.--
10 (3) The board shall certify as qualified for a license
11 by endorsement an applicant who:
12 (a) Holds a valid license to practice surveying and
13 mapping issued before July 1, 1999, by another state or
14 territory Qualifies to take the examination as set forth in s.
15 472.013, who has passed a national, regional, state, or
16 territorial licensing examination that is substantially
17 equivalent to the examination required by s. 472.013, and who
18 has 8 or more years' work experience as a subordinate to a
19 registered surveyor and mapper in the active practice of
20 surveying and mapping, 6 years of which must involve work that
21 shows that the applicant was in responsible charge of the
22 accuracy and correctness of the surveying and mapping work
23 performed satisfied the experience requirements set forth in
24 s. 472.013; or
25 (b) Holds a valid license to practice surveying and
26 mapping issued by another state or territory of the United
27 States if the criteria for issuance of the license were
28 substantially the same as the licensure criteria that existed
29 in Florida at the time the license was issued.
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1 All applicants for licensure by endorsement must pass an
2 examination on Florida laws and rules before licensure.
3 Section 5. Section 472.029, Florida Statutes, is
4 amended to read:
5 472.029 Surveyors and mappers authorized to enter
6 lands of third parties under certain conditions.--Surveyors
7 and mappers or their subordinates may go on, over, and upon
8 the lands of others when necessary to make surveys and maps or
9 locate or set monuments, and, in so doing, may carry with them
10 their agents and employees necessary for that purpose. Entry
11 under the right hereby granted by this section does not
12 constitute trespass, and surveyors and mappers and their duly
13 authorized agents or employees who enter in compliance with
14 all federal, state, and local regulations pertaining to
15 premises security, agricultural protections, and other health
16 and safety requirements so entering are not liable to arrest
17 or to a civil action by reason of such entry; however, this
18 section does not give authority to registrants, subordinates,
19 agents, or employees to destroy, injure, damage, or move any
20 physical improvements anything on lands of another without the
21 written permission of the landowner. A landowner is not liable
22 to any third party for civil or criminal acts or damages that
23 result from the negligent or intentional conduct of any person
24 regulated by this section. If written notice is delivered to a
25 landowner or landowner's registered agent at least 3 business
26 days prior to entry on a parcel containing more than 160 acres
27 which is classified as agricultural land, the duty of care
28 owed to those regulated by this section is that due a licensee
29 under this chapter. However, if no such notice is given, the
30 landowner's duty of care is that due an unforseen trespasser.
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1 Section 6. Section 472.033, Florida Statutes, is
2 amended to read:
3 472.033 Disciplinary proceedings.--
4 (1) The following acts constitute grounds for which
5 the disciplinary actions in subsection (2) (3) may be taken:
6 (a) Violation of any provision of s. 472.031 or s.
7 455.227(1);
8 (b) Attempting to procure a license to practice
9 surveying and mapping by bribery or fraudulent
10 misrepresentations;
11 (c) Having a license to practice surveying and mapping
12 revoked, suspended, or otherwise acted against, including the
13 denial of licensure, by the licensing authority of another
14 state, territory, or country;
15 (d) Being convicted or found guilty of, or pleading
16 nolo contendere to, regardless of adjudication, of a crime in
17 any jurisdiction which directly relates to the practice of
18 surveying and mapping or the ability to practice surveying and
19 mapping;
20 (e) Making or filing a report or record that the
21 licensee knows to be false, willfully failing to file a report
22 or record required by state or federal law, willfully impeding
23 or obstructing such filing, or inducing another person to
24 impede or obstruct such filing. Such reports or records shall
25 include only those that are signed in the capacity of a
26 registered surveyor and mapper;
27 (f) Advertising goods or services in a manner that is
28 fraudulent, false, deceptive, or misleading in form or
29 content;
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1 (g) Upon proof that the licensee is guilty of fraud or
2 deceit, or of negligence, incompetency, or misconduct, in the
3 practice of surveying and mapping;
4 (h) Failing to perform any statutory or legal
5 obligation placed upon a licensed surveyor and mapper;
6 violating any provision of this chapter, a rule of the board
7 or department, or a lawful order of the board or department
8 previously entered in a disciplinary hearing; or failing to
9 comply with a lawfully issued subpoena of the department; or
10 (i) Practicing on a revoked, suspended, inactive, or
11 delinquent license.
12 (2) The board shall specify by rule the acts or
13 omissions that constitute a violation of subsection (1).
14 (2)(3) When the board finds any surveyor and mapper
15 guilty of any of the grounds set forth in subsection (1), it
16 may enter an order imposing one or more of the following
17 penalties:
18 (a) Denial of an application for licensure.
19 (b) Revocation or suspension of a license.
20 (c) Imposition of an administrative fine not to exceed
21 $1,000 for each count or separate offense.
22 (d) Issuance of a reprimand.
23 (e) Placement of the surveyor and mapper on probation
24 for a period of time and subject to such conditions as the
25 board may specify.
26 (f) Restriction of the authorized scope of practice by
27 the surveyor and mapper.
28 (4) The department shall reissue the license of a
29 disciplined surveyor and mapper upon certification by the
30 board that he or she has complied with all of the terms and
31 conditions set forth in the final order.
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1 Section 7. This act shall take effect July 1, 2002.
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4 SENATE SUMMARY
5 Revises provisions governing land surveying and mapping.
Provides licensure exemptions. Revises requirements for
6 licensure by endorsement. Revises provisions authorizing
entry onto lands of third parties. Provides additional
7 grounds for discipline. Eliminates provisions allowing
reissuance of certain licenses. (See bill for details.)
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