HB 1417CS

CHAMBER ACTION




1The Business Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to land surveying and mapping; amending s.
7472.013, F.S.; revising requirements to be entitled to
8take the licensure examination to practice in this state
9as a surveyor and mapper; amending s. 472.015, F.S.;
10authorizing certain photogrammetrists to qualify for a
11license by endorsement; amending s. 472.021, F.S.;
12revising liability of partnerships and other business
13entities rendering professional surveying and mapping
14services; amending s. 472.005, F.S.; providing a
15definition of "photogrammetrist"; amending s. 472.007,
16F.S.; conforming a provision to the definition of
17photogrammetrist; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsection (2) of section 472.013, Florida
22Statutes, is amended to read:
23     472.013  Examinations, prerequisites.--
24     (2)  An applicant shall be entitled to take the licensure
25examination to practice in this state as a surveyor and mapper
26if the applicant is of good moral character and has satisfied
27one of the following requirements:
28     (a)  The applicant received a degree in surveying and
29mapping of 4 years or more is a graduate of an approved course
30of study in a surveying and mapping degree program from a
31college or university recognized by the board and has a specific
32experience record of 4 or more years as a subordinate to a
33professional surveyor and mapper in the active practice of
34surveying and mapping, which experience is of a nature
35indicating that the applicant was in responsible charge of the
36accuracy and correctness of the surveying and mapping work
37performed. The completed surveying and mapping degree of 4 years
38or more course of study in a surveying and mapping degree
39program must have included not fewer than 32 semester hours of
40study, or its academic equivalent, in the science of surveying
41and mapping or in board-approved surveying-and-mapping-related
42courses. Work experience acquired as a part of the education
43requirement shall not be construed as experience in responsible
44charge.
45     (b)  The applicant is a graduate of a 4-year course of
46study, other than in surveying and mapping, at an accredited
47college or university and has a specific experience record of 6
48or more years as a subordinate to a registered surveyor and
49mapper in the active practice of surveying and mapping, 5 years
50of which shall be of a nature indicating that the applicant was
51in responsible charge of the accuracy and correctness of the
52surveying and mapping work performed. The course of study in
53disciplines other than surveying and mapping must have included
54not fewer than 32 semester hours of study or its academic
55equivalent. The applicant must have completed a minimum of, 25
56semester hours from a college or university approved by the
57board of which shall be in surveying and mapping subjects or in
58any combination of courses in civil engineering, surveying,
59mapping, mathematics, photogrammetry, forestry, or land law and
60the physical sciences. Any of the required 25 semester hours of
61study completed not as a part of the 4-year course of study
62shall be approved at the discretion of the board. Work
63experience acquired as a part of the education requirement shall
64not be construed as experience in responsible charge.
65     Section 2.  Paragraph (a) of subsection (3) of section
66472.015, Florida Statutes, is amended to read:
67     472.015  Licensure.--
68     (3)(a)  The board shall certify as qualified for a license
69by endorsement an applicant who:
70     1.  Holds a valid license to practice surveying and mapping
71issued prior to July 1, 1999, by another state or territory of
72the United States; has passed a national, regional, state, or
73territorial licensing examination that is substantially
74equivalent to the examination required by s. 472.013; and has a
75specific experience record of at least 8 years as a subordinate
76to a registered surveyor and mapper in the active practice of
77surveying and mapping, 6 years of which must be of a nature
78indicating that the applicant was in responsible charge of the
79accuracy and correctness of the surveying and mapping work
80performed; or
81     2.  Holds a valid license to practice surveying and mapping
82issued by another state or territory of the United States if the
83criteria for issuance of the license were substantially the same
84as the licensure criteria that existed in Florida at the time
85the license was issued; or.
86     3.  Is a practicing photogrammetrist who holds the
87Certified Photogrammetrist designation of the American Society
88for Photogrammetry and Remote Sensing and held such designation
89on or before July 1, 2005; is a graduate of a 4-year course of
90study at an accredited college or university; and has a specific
91experience record of 6 or more years as a subordinate to a
92Certified Photogrammetrist of the American Society for
93Photogrammetry and Remote Sensing in the active practice of
94surveying and mapping, 5 years of which shall be of a nature
95indicating that the applicant was in responsible charge of the
96accuracy and correctness of the surveying and mapping work
97performed. The course of study must have included not fewer than
9832 semester hours of study or its academic equivalent. The
99applicant must have completed a minimum of 25 semester hours
100from a college or university approved by the board in surveying
101and mapping subjects or in any combination of courses in civil
102engineering, surveying, mapping, mathematics, photogrammetry,
103forestry, or land law and the physical sciences. Any of the
104required 25 semester hours of study completed not as a part of
105the 4-year course of study shall be approved at the discretion
106of the board. Work experience acquired as a part of the
107education requirement shall not be construed as experience in
108responsible charge. The applicant must have applied to the
109department for licensure on or before July 1, 2007.
110     Section 3.  Subsection (3) of section 472.021, Florida
111Statutes, is amended to read:
112     472.021  Certification of partnerships and corporations.--
113     (3)  The fact that any registered surveyor and mapper
114practices through a corporation or partnership shall not relieve
115the registrant from personal liability for negligence,
116misconduct, or wrongful acts committed by him or her.
117Partnerships and all partners shall be jointly and severally
118liable for the negligence, misconduct, or wrongful acts
119committed by their agents, employees, or partners while acting
120in a professional capacity. Any officer, agent, or employee of a
121business organization other than a partnership shall be
122personally liable and accountable only for negligent acts,
123wrongful acts, or misconduct committed by him or her or
124committed by any person under his or her direct supervision and
125control while rendering professional services on behalf of the
126business organization. The personal liability of a shareholder
127or owner of a business organization, in his or her capacity as
128shareholder or owner, shall be no greater than that of a
129shareholder-employee of a corporation incorporated under chapter
130607. The business organization shall be liable up to the full
131value of its property for any negligent acts, wrongful acts, or
132misconduct committed by any of its officers, agents, or
133employees while they are engaged on its behalf in the rendering
134of professional services. Corporations and stockholders who are
135surveyors and mappers, or partnerships, and all partners, shall
136be jointly and severally liable for the negligence, misconduct,
137or wrongful acts committed by their agents, employees, officers,
138or partners while acting in a professional capacity.
139     Section 4.  Subsection (8) of section 472.005, Florida
140Statutes, is amended to read:
141     472.005  Definitions.--As used in ss. 472.001-472.037:
142     (8)  "Photogrammetrist" "Photogrammetric mapper" means any
143person who engages in the practice of surveying and mapping
144using aerial or terrestrial photography or other sources of
145images.
146     Section 5.  Section 472.007, Florida Statutes, is amended
147to read:
148     472.007  Board of Professional Surveyors and
149Mappers.--There is created in the Department of Business and
150Professional Regulation the Board of Professional Surveyors and
151Mappers. The board shall consist of nine members, six of whom
152shall be registered surveyors and mappers primarily engaged in
153the practice of surveying and mapping, one of whom shall be a
154registered surveyor and mapper with the designation of
155photogrammetrist photogrammetric mapper, and two of whom shall
156be laypersons who are not and have never been surveyors and
157mappers or members of any closely related profession or
158occupation. Members shall be appointed for 4-year terms.
159     Section 6.  This act shall take effect July 1, 2005.


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