HB 0991

1	A bill to be entitled
2	An act relating to professional geology; amending s.
3	492.113, F.S.; providing that violating a rule or order of
4	the Board of Professional Geologists is grounds for
5	disciplinary action; providing penalties; transferring
6	certain duties relating to discipline from the Department
7	of Business and Professional Regulation to the board;
8	correcting terminology; amending ss. 492.111, 492.112, and
9	492.115, F.S.; correcting terminology; providing an
10	effective date.
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsections (2) and (4) of section 492.111,
14	Florida Statutes, are amended to read:
15	492.111  Practice of professional geology by a firm,
16	corporation, or partnership; certificate of authorization.--The
17	practice of, or offer to practice, professional geology by
18	individual professional geologists licensed under the provisions
19	of this chapter through a firm, corporation, or partnership
20	offering geological services to the public through individually
21	licensed professional geologists as agents, employees, officers,
22	or partners thereof is permitted subject to the provisions of
23	this chapter, provided that:
24	(2)  The firm, corporation, or partnership has been issued
25	a certificate of authorization by the department as provided in
26	this chapter. For purposes of this section, a certificate of
27	authorization shall be required of any firm, corporation,
28	partnership, association, or person practicing under a
29	fictitious name and offering geological services to the public;
30	except that, when an individual is practicing professional
31	geology in his or her or his own name, he or she or he shall not
32	be required to obtain a certificate of authorization under this
33	section. Such certificate of authorization shall be renewed
34	every 2 years.
35	(4)  The fact that a licensed professional geologist
36	practices through a corporation or partnership shall not relieve
37	the registrant from personal liability for negligence,
38	misconduct, or wrongful acts committed by him or her or him.
39	Partnership and all partners shall be jointly and severally
40	liable for the negligence, misconduct, or wrongful acts
41	committed by their agents, employees, or partners while acting
42	in a professional capacity. Any officer, agent, or employee of a
43	corporation shall be personally liable and accountable only for
44	negligent acts, wrongful acts, or misconduct committed by him or
45	her or him or committed by any person under his or her or his
46	direct supervision and control, while rendering professional
47	services on behalf of the corporation. The personal liability of
48	a shareholder of a corporation, in his or her or his capacity as
49	shareholder, shall be no greater than that of a shareholder-
50	employee of a corporation incorporated under chapter 607. The
51	corporation shall be liable up to the full value of its property
52	for any negligent acts, wrongful acts, or misconduct committed
53	by any of its officers, agents, or employees while they are
54	engaged on behalf of the corporation in the rendering of
55	professional services.
56	Section 2.  Paragraphs (a), (b), and (f) of subsection (1)
57	and subsection (2) of section 492.112, Florida Statutes, are
58	amended to read:
59	492.112  Prohibitions; penalties.--
60	(1)  A person may not knowingly:
61	(a)  Practice professional geology unless the person is
62	licensed under this chapter.
63	(b)  Use the name or title "Professional Geologist" or any
64	other title, designation, words, letters, abbreviations, or
65	device tending to indicate that the person holds an active
66	license as a professional geologist when the person is not
67	licensed under this chapter.
68	(f)  Employ unlicensed persons to practice professional
69	geology.
70	(2)  Any person who violates any of the provisions of this
71	section commits is guilty of a misdemeanor of the first degree,
72	punishable as provided in s. 775.082 or s. 775.083.
73	Section 3.  Section 492.113, Florida Statutes, is amended
74	to read:
75	492.113  Disciplinary proceedings.--
76	(1)  The following acts constitute grounds for which the
77	disciplinary actions in subsection (3) may be taken:
78	(a)  Violation of any provision of s. 492.112 or any other
79	provision of this chapter.
80	(b)  Attempting to procure a license to practice
81	professional geology by bribery or fraudulent
82	misrepresentations.
83	(c)  Having a license to practice professional geology
84	revoked, suspended, or otherwise acted against, including the
85	denial of licensure by the licensing authority of another state,
86	territory, or country.
87	(d)  Being convicted or found guilty of, or entering a plea
88	of nolo contendere to, regardless of adjudication, a crime in
89	any jurisdiction which directly relates to the practice of
90	professional geology or the ability to practice professional
91	geology.
92	(e)  Making or filing a report or record that the licensee
93	knows to be false, willfully failing to file a report or record
94	required by state or federal law, willfully impeding or
95	obstructing such filing, or inducing another person to impede or
96	obstruct such filing. Such reports or records include only those
97	that are signed in the capacity of a licensed professional
98	geologist.
99	(f)  Advertising goods or services in a manner that is
100	fraudulent, false, deceptive, or misleading in form or content.
101	(g)  Committing an act of fraud or deceit, negligence,
102	incompetence, or misconduct in the practice of professional
103	geology.
104	(h)  Violation of chapter 455.
105	(i)  Practicing on a revoked, suspended, inactive, or
106	delinquent license.
107	(j)  Affixing or permitting to be affixed his or her or his
108	name to geological papers, reports, or documents that were not
109	prepared by him or her or him or under his or her or his
110	responsible supervision, direction, or control.
111	(k)  Violating a rule of the department or board or any
112	order of the department or board previously entered in a
113	disciplinary hearing.
114	(2)  The board department shall specify, by rule, what acts
115	or omissions constitute a violation of subsection (1).
116	(3)  When the board department finds any person guilty of
117	any of the grounds set forth in subsection (1), it may enter an
118	order imposing one or more of the following penalties:
119	(a)  Denial of an application for licensure.
120	(b)  Revocation or suspension of a license.
121	(c)  Imposition of an administrative fine not to exceed
122	$1,000 for each count or separate offense.
123	(d)  Issuance of a reprimand.
124	(e)  Placement of the licensee on probation for a period of
125	time and subject to such conditions as the board department may
126	specify.
127	(f)  Restriction of the authorized scope of practice by the
128	licensee.
129	(4)  The department shall reissue the license of a
130	disciplined professional geologist or business upon
131	certification by the board department that the disciplined
132	person has complied with all of the terms and conditions set
133	forth in the final order.
134	Section 4.  Section 492.115, Florida Statutes, is amended
135	to read:
136	492.115  Roster of licensed professional geologists.--A
137	roster showing the names and places of business or residence of
138	all licensed professional geologists and all firms,
139	corporations, or partnerships holding certificates of
140	authorization to practice professional geology in the state
141	shall be prepared annually by the department. A copy of this
142	roster shall be obtainable by each licensed professional
143	geologist and each firm, corporation, or partnership holding a
144	certificate of authorization, and copies thereof shall be placed
145	on file with the department.
146	Section 5.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.