Senate Bill sb0472

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    Florida Senate - 2004                                   SB 472

    By Senator Clary





    4-197A-04

  1                      A bill to be entitled

  2         An act relating to the Board of Professional

  3         Surveyors and Mappers; amending s. 472.007,

  4         F.S.; delegating to the board the duties and

  5         authority of the Department of Business and

  6         Professional Regulation to investigate and

  7         prosecute the practice and unlicensed practice

  8         of surveying and mapping; requiring the board

  9         to contract with a corporation or other

10         business entity to provide the headquarters

11         office, administrative services, technology,

12         financial and statistical information, and

13         revenue-receipt, reporting, licensure, testing,

14         legal, investigative, prosecutorial, and other

15         services; providing records requirements;

16         authorizing the board to use funds from the

17         unlicensed activity account to perform certain

18         duties; requiring the board to submit an annual

19         budget request to the Legislature; providing an

20         effective date.

21  

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

23  

24         Section 1.  Section 472.007, Florida Statutes, is

25  amended to read:

26         472.007  Board of Professional Surveyors and Mappers.--

27         (1)  There is created in the Department of Business and

28  Professional Regulation the Board of Professional Surveyors

29  and Mappers. The board shall consist of nine members, six of

30  whom shall be registered surveyors and mappers primarily

31  engaged in the practice of surveying and mapping, one of whom

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    Florida Senate - 2004                                   SB 472
    4-197A-04




 1  shall be a registered surveyor and mapper with the designation

 2  of photogrammetric mapper, and two of whom shall be laypersons

 3  who are not and have never been surveyors and mappers or

 4  members of any closely related profession or occupation.

 5  Members shall be appointed for 4-year terms.

 6         (2)(a)  Notwithstanding ss. 455.225, 455.228, and

 7  455.32, the powers and duties of the department to investigate

 8  complaints and discipline persons licensed under this part,

 9  including the ability to determine legal sufficiency and

10  probable cause; to issue emergency suspension or restriction

11  orders; to initiate proceedings and issue final orders for

12  summary suspension or restriction of a license; to issue

13  notices of noncompliance, notices to cease and desist,

14  subpoenas, and citations; to retain legal counsel,

15  investigators, or prosecutorial staff in connection with the

16  licensed and unlicensed practice of surveying and mapping; and

17  to investigate, deter, and prosecute the unlicensed practice

18  of surveying and mapping are delegated to the board. All

19  complaints and any information obtained pursuant to an

20  investigation authorized by the board are confidential and

21  exempt from s. 119.07(1) as provided in s. 455.225(2) and

22  (10).

23         (b)  Notwithstanding s. 455.32(13), the board, in lieu

24  of the department, shall contract with a corporation or other

25  business entity pursuant to s. 287.057(3) to provide a

26  headquarters office, administrative services, technology,

27  financial and statistical information, and revenue-receipt,

28  reporting, licensure, testing, investigative, legal,

29  prosecutorial, and other services necessary to perform its

30  duties.

31  

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    Florida Senate - 2004                                   SB 472
    4-197A-04




 1         (c)  The corporation or business entity shall comply

 2  with the recordkeeping and reporting requirements of s. 455.32

 3  applicable to the scope of the contract and shall report

 4  directly to the board. Records of the corporation or other

 5  business entity are public records as specified in s.

 6  455.32(15).

 7         (d)  Notwithstanding s. 455.228, the board may use

 8  funds in the unlicensed activity account established under s.

 9  455.2281 to perform its duties relating to unlicensed

10  activity.

11         (e)  The board shall submit an annual budget request to

12  the Legislature to fund its activities under this subsection,

13  which must be separate from the legislative budget request

14  submitted by the department.

15         Section 2.  This act shall take effect July 1, 2004.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Delegates to the Board of Professional Surveyors and
      Mappers certain duties and authority of the Department of
20    Business and Professional Regulation relating to
      investigating and disciplining persons for unlicensed
21    practice. Requires the board to contract for
      administrative services. Provides records requirements.
22    Authorizes the use of certain funds and requires the
      board to submit an annual budget request to the
23    Legislature.

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