1 | The Business Regulation Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to land surveying and mapping; amending s. |
7 | 472.013, F.S.; revising requirements to be entitled to |
8 | take the licensure examination to practice in this state |
9 | as a surveyor and mapper; amending s. 472.015, F.S.; |
10 | authorizing certain photogrammetrists to qualify for a |
11 | license by endorsement; amending s. 472.021, F.S.; |
12 | revising liability of partnerships and other business |
13 | entities rendering professional surveying and mapping |
14 | services; amending s. 472.005, F.S.; providing a |
15 | definition of "photogrammetrist"; amending s. 472.007, |
16 | F.S.; conforming a provision to the definition of |
17 | photogrammetrist; providing an effective date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
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21 | Section 1. Subsection (2) of section 472.013, Florida |
22 | Statutes, is amended to read: |
23 | 472.013 Examinations, prerequisites.-- |
24 | (2) An applicant shall be entitled to take the licensure |
25 | examination to practice in this state as a surveyor and mapper |
26 | if the applicant is of good moral character and has satisfied |
27 | one of the following requirements: |
28 | (a) The applicant received a degree in surveying and |
29 | mapping of 4 years or more is a graduate of an approved course |
30 | of study in a surveying and mapping degree program from a |
31 | college or university recognized by the board and has a specific |
32 | experience record of 4 or more years as a subordinate to a |
33 | professional surveyor and mapper in the active practice of |
34 | surveying and mapping, which experience is of a nature |
35 | indicating that the applicant was in responsible charge of the |
36 | accuracy and correctness of the surveying and mapping work |
37 | performed. The completed surveying and mapping degree of 4 years |
38 | or more course of study in a surveying and mapping degree |
39 | program must have included not fewer than 32 semester hours of |
40 | study, or its academic equivalent, in the science of surveying |
41 | and mapping or in board-approved surveying-and-mapping-related |
42 | courses. Work experience acquired as a part of the education |
43 | requirement shall not be construed as experience in responsible |
44 | charge. |
45 | (b) The applicant is a graduate of a 4-year course of |
46 | study, other than in surveying and mapping, at an accredited |
47 | college or university and has a specific experience record of 6 |
48 | or more years as a subordinate to a registered surveyor and |
49 | mapper in the active practice of surveying and mapping, 5 years |
50 | of which shall be of a nature indicating that the applicant was |
51 | in responsible charge of the accuracy and correctness of the |
52 | surveying and mapping work performed. The course of study in |
53 | disciplines other than surveying and mapping must have included |
54 | not fewer than 32 semester hours of study or its academic |
55 | equivalent. The applicant must have completed a minimum of, 25 |
56 | semester hours from a college or university approved by the |
57 | board of which shall be in surveying and mapping subjects or in |
58 | any combination of courses in civil engineering, surveying, |
59 | mapping, mathematics, photogrammetry, forestry, or land law and |
60 | the physical sciences. Any of the required 25 semester hours of |
61 | study completed not as a part of the 4-year course of study |
62 | shall be approved at the discretion of the board. Work |
63 | experience acquired as a part of the education requirement shall |
64 | not be construed as experience in responsible charge. |
65 | Section 2. Paragraph (a) of subsection (3) of section |
66 | 472.015, Florida Statutes, is amended to read: |
67 | 472.015 Licensure.-- |
68 | (3)(a) The board shall certify as qualified for a license |
69 | by endorsement an applicant who: |
70 | 1. Holds a valid license to practice surveying and mapping |
71 | issued prior to July 1, 1999, by another state or territory of |
72 | the United States; has passed a national, regional, state, or |
73 | territorial licensing examination that is substantially |
74 | equivalent to the examination required by s. 472.013; and has a |
75 | specific experience record of at least 8 years as a subordinate |
76 | to a registered surveyor and mapper in the active practice of |
77 | surveying and mapping, 6 years of which must be of a nature |
78 | indicating that the applicant was in responsible charge of the |
79 | accuracy and correctness of the surveying and mapping work |
80 | performed; or |
81 | 2. Holds a valid license to practice surveying and mapping |
82 | issued by another state or territory of the United States if the |
83 | criteria for issuance of the license were substantially the same |
84 | as the licensure criteria that existed in Florida at the time |
85 | the license was issued; or. |
86 | 3. Is a practicing photogrammetrist who holds the |
87 | Certified Photogrammetrist designation of the American Society |
88 | for Photogrammetry and Remote Sensing and held such designation |
89 | on or before July 1, 2005; is a graduate of a 4-year course of |
90 | study at an accredited college or university; and has a specific |
91 | experience record of 6 or more years as a subordinate to a |
92 | Certified Photogrammetrist of the American Society for |
93 | Photogrammetry and Remote Sensing in the active practice of |
94 | surveying and mapping, 5 years of which shall be of a nature |
95 | indicating that the applicant was in responsible charge of the |
96 | accuracy and correctness of the surveying and mapping work |
97 | performed. The course of study must have included not fewer than |
98 | 32 semester hours of study or its academic equivalent. The |
99 | applicant must have completed a minimum of 25 semester hours |
100 | from a college or university approved by the board in surveying |
101 | and mapping subjects or in any combination of courses in civil |
102 | engineering, surveying, mapping, mathematics, photogrammetry, |
103 | forestry, or land law and the physical sciences. Any of the |
104 | required 25 semester hours of study completed not as a part of |
105 | the 4-year course of study shall be approved at the discretion |
106 | of the board. Work experience acquired as a part of the |
107 | education requirement shall not be construed as experience in |
108 | responsible charge. The applicant must have applied to the |
109 | department for licensure on or before July 1, 2007. |
110 | Section 3. Subsection (3) of section 472.021, Florida |
111 | Statutes, is amended to read: |
112 | 472.021 Certification of partnerships and corporations.-- |
113 | (3) The fact that any registered surveyor and mapper |
114 | practices through a corporation or partnership shall not relieve |
115 | the registrant from personal liability for negligence, |
116 | misconduct, or wrongful acts committed by him or her. |
117 | Partnerships and all partners shall be jointly and severally |
118 | liable for the negligence, misconduct, or wrongful acts |
119 | committed by their agents, employees, or partners while acting |
120 | in a professional capacity. Any officer, agent, or employee of a |
121 | business organization other than a partnership shall be |
122 | personally liable and accountable only for negligent acts, |
123 | wrongful acts, or misconduct committed by him or her or |
124 | committed by any person under his or her direct supervision and |
125 | control while rendering professional services on behalf of the |
126 | business organization. The personal liability of a shareholder |
127 | or owner of a business organization, in his or her capacity as |
128 | shareholder or owner, shall be no greater than that of a |
129 | shareholder-employee of a corporation incorporated under chapter |
130 | 607. The business organization shall be liable up to the full |
131 | value of its property for any negligent acts, wrongful acts, or |
132 | misconduct committed by any of its officers, agents, or |
133 | employees while they are engaged on its behalf in the rendering |
134 | of professional services. Corporations and stockholders who are |
135 | surveyors and mappers, or partnerships, and all partners, shall |
136 | be jointly and severally liable for the negligence, misconduct, |
137 | or wrongful acts committed by their agents, employees, officers, |
138 | or partners while acting in a professional capacity. |
139 | Section 4. Subsection (8) of section 472.005, Florida |
140 | Statutes, is amended to read: |
141 | 472.005 Definitions.--As used in ss. 472.001-472.037: |
142 | (8) "Photogrammetrist" "Photogrammetric mapper" means any |
143 | person who engages in the practice of surveying and mapping |
144 | using aerial or terrestrial photography or other sources of |
145 | images. |
146 | Section 5. Section 472.007, Florida Statutes, is amended |
147 | to read: |
148 | 472.007 Board of Professional Surveyors and |
149 | Mappers.--There is created in the Department of Business and |
150 | Professional Regulation the Board of Professional Surveyors and |
151 | Mappers. The board shall consist of nine members, six of whom |
152 | shall be registered surveyors and mappers primarily engaged in |
153 | the practice of surveying and mapping, one of whom shall be a |
154 | registered surveyor and mapper with the designation of |
155 | photogrammetrist photogrammetric mapper, and two of whom shall |
156 | be laypersons who are not and have never been surveyors and |
157 | mappers or members of any closely related profession or |
158 | occupation. Members shall be appointed for 4-year terms. |
159 | Section 6. This act shall take effect July 1, 2005. |