HB 0543 2004
   
1 A bill to be entitled
2          An act relating to the Board of Professional Surveyors and
3    Mappers; amending s. 472.007, F.S.; delegating to the
4    board the duties and authority of the Department of
5    Business and Professional Regulation to investigate and
6    prosecute the practice and unlicensed practice of
7    surveying and mapping; requiring the board to contract
8    with a corporation or other business entity to provide the
9    headquarters office, administrative services, technology,
10    financial and statistical information, and revenue-
11    receipt, reporting, licensure, testing, legal,
12    investigative, prosecutorial, and other services;
13    providing records requirements; authorizing the board to
14    use funds from the unlicensed activity account to perform
15    certain duties; requiring the board to submit an annual
16    budget request to the Legislature; providing an effective
17    date.
18         
19          Be It Enacted by the Legislature of the State of Florida:
20         
21          Section 1. Section 472.007, Florida Statutes, is amended
22    to read:
23          472.007 Board of Professional Surveyors and Mappers.--
24          (1)There is created in the Department of Business and
25    Professional Regulation the Board of Professional Surveyors and
26    Mappers. The board shall consist of nine members, six of whom
27    shall be registered surveyors and mappers primarily engaged in
28    the practice of surveying and mapping, one of whom shall be a
29    registered surveyor and mapper with the designation of
30    photogrammetric mapper, and two of whom shall be laypersons who
31    are not and have never been surveyors and mappers or members of
32    any closely related profession or occupation. Members shall be
33    appointed for 4-year terms.
34          (2)(a) Notwithstanding ss. 455.225, 455.228, and 455.32,
35    the powers and duties of the department to investigate
36    complaints and discipline persons licensed under this part,
37    including the ability to determine legal sufficiency and
38    probable cause; to issue emergency suspension or restriction
39    orders; to initiate proceedings and issue final orders for
40    summary suspension or restriction of a license; to issue notices
41    of noncompliance, notices to cease and desist, subpoenas, and
42    citations; to retain legal counsel, investigators, or
43    prosecutorial staff in connection with the licensed and
44    unlicensed practice of surveying and mapping; and to
45    investigate, deter, and prosecute the unlicensed practice of
46    surveying and mapping are delegated to the board. All complaints
47    and any information obtained pursuant to an investigation
48    authorized by the board are confidential and exempt from s.
49    119.07(1) as provided in s. 455.225(2) and (10).
50          (b) Notwithstanding s. 455.32(3), the board, in lieu of
51    the department, shall contract with a corporation or other
52    business entity pursuant to s. 287.057(3) to provide a
53    headquarters office, administrative services, technology,
54    financial and statistical information, and revenue-receipt,
55    reporting, licensure, testing, investigative, legal,
56    prosecutorial, and other services necessary to perform its
57    duties.
58          (c) The corporation or business entity shall comply with
59    the recordkeeping and reporting requirements of s. 455.32
60    applicable to the scope of the contract and shall report
61    directly to the board. Records of the corporation or other
62    business entity are public records as specified in s.
63    455.32(15).
64          (d) Notwithstanding s. 455.228, the board may use funds in
65    the unlicensed activity account established under s. 455.2281 to
66    perform its duties relating to unlicensed activity.
67          (e) The board shall submit an annual budget request to the
68    Legislature to fund its activities under this subsection, which
69    must be separate from the legislative budget request submitted
70    by the department.
71          Section 2. This act shall take effect July 1, 2004.