Senate Bill sb2050c1

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    Florida Senate - 2005                           CS for SB 2050

    By the Committee on Judiciary; and Senator Aronberg





    590-2377-05

  1                      A bill to be entitled

  2         An act relating to land surveying and mapping;

  3         amending s. 472.005, F.S.; defining the term

  4         "photogrammetrist"; amending s. 472.007, F.S.;

  5         conforming provisions to the definition of

  6         photogrammetrist; amending s. 472.013, F.S.;

  7         revising requirements to be entitled to take

  8         the licensure examination to practice in this

  9         state as a surveyor and mapper; amending s.

10         472.015, F.S.; authorizing certain

11         photogrammetrists to qualify for a license by

12         endorsement; amending s. 472.021, F.S.;

13         revising liability of partnerships and other

14         business entities rendering professional

15         surveying and mapping services; providing an

16         effective date.

17  

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

19  

20         Section 1.  Subsection (8) of section 472.005, Florida

21  Statutes, is amended to read:

22         472.005  Definitions.--As used in ss. 472.001-472.037:

23         (8)  "Photogrammetrist" "Photogrammetric mapper" means

24  any person who engages in the practice of surveying and

25  mapping using aerial or terrestrial photography or other

26  sources of images.

27         Section 2.  Section 472.007, Florida Statutes, is

28  amended to read:

29         472.007  Board of Professional Surveyors and

30  Mappers.--There is created in the Department of Business and

31  Professional Regulation the Board of Professional Surveyors

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    Florida Senate - 2005                           CS for SB 2050
    590-2377-05




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

 2  whom shall be registered surveyors and mappers primarily

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

 4  shall be a registered surveyor and mapper with the designation

 5  of photogrammetrist photogrammetric mapper, and two of whom

 6  shall be laypersons who are not and have never been surveyors

 7  and mappers or members of any closely related profession or

 8  occupation. Members shall be appointed for 4-year terms.

 9         Section 3.  Subsection (2) of section 472.013, Florida

10  Statutes, is amended to read:

11         472.013  Examinations, prerequisites.--

12         (2)  An applicant shall be entitled to take the

13  licensure examination to practice in this state as a surveyor

14  and mapper if the applicant is of good moral character and has

15  satisfied one of the following requirements:

16         (a)  The applicant received a degree in surveying and

17  mapping of 4 years or more is a graduate of an approved course

18  of study in a surveying and mapping degree program from a

19  college or university recognized by the board and has a

20  specific experience record of 4 or more years as a subordinate

21  to a professional surveyor and mapper in the active practice

22  of surveying and mapping, which experience is of a nature

23  indicating that the applicant was in responsible charge of the

24  accuracy and correctness of the surveying and mapping work

25  performed. The completed surveying and mapping degree of 4

26  years of more course of study in a surveying and mapping

27  degree program must have included not fewer than 32 semester

28  hours of study, or its academic equivalent, in the science of

29  surveying and mapping or in board-approved

30  surveying-and-mapping-related courses. Work experience

31  

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    Florida Senate - 2005                           CS for SB 2050
    590-2377-05




 1  acquired as a part of the education requirement shall not be

 2  construed as experience in responsible charge.

 3         (b)  The applicant is a graduate of a 4-year course of

 4  study, other than in surveying and mapping, at an accredited

 5  college or university and has a specific experience record of

 6  6 or more years as a subordinate to a registered surveyor and

 7  mapper in the active practice of surveying and mapping, 5

 8  years of which shall be of a nature indicating that the

 9  applicant was in responsible charge of the accuracy and

10  correctness of the surveying and mapping work performed. The

11  course of study in disciplines other than surveying and

12  mapping must have included not fewer than 32 semester hours of

13  study or its academic equivalent. The applicant must have

14  completed a minimum of, 25 semester hours from a college or

15  university approved by the board of which shall be in

16  surveying and mapping subjects or in any combination of

17  courses in civil engineering, surveying, mapping, mathematics,

18  photogrammetry, forestry, or land law and the physical

19  sciences. Any of the required 25 semester hours of study

20  completed not as a part of the 4-year course of study shall be

21  approved at the discretion of the board. Work experience

22  acquired as a part of the education requirement shall not be

23  construed as experience in responsible charge.

24         Section 4.  Paragraph (a) of subsection (3) of section

25  472.015, Florida Statutes, is amended to read:

26         472.015  Licensure.--

27         (3)(a)  The board shall certify as qualified for a

28  license by endorsement an applicant who:

29         1.  Holds a valid license to practice surveying and

30  mapping issued prior to July 1, 1999, by another state or

31  territory of the United States; has passed a national,

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    Florida Senate - 2005                           CS for SB 2050
    590-2377-05




 1  regional, state, or territorial licensing examination that is

 2  substantially equivalent to the examination required by s.

 3  472.013; and has a specific experience record of at least 8

 4  years as a subordinate to a registered surveyor and mapper in

 5  the active practice of surveying and mapping, 6 years of which

 6  must be of a nature indicating that the applicant was in

 7  responsible charge of the accuracy and correctness of the

 8  surveying and mapping work performed; or

 9         2.  Holds a valid license to practice surveying and

10  mapping issued by another state or territory of the United

11  States if the criteria for issuance of the license were

12  substantially the same as the licensure criteria that existed

13  in Florida at the time the license was issued; or.

14         3.  Is a practicing photogrammetrist who holds the

15  Certified Photogrammetrist designation of the American Society

16  for Photogrammetry and Remote Sensing and held such

17  designation on or before July 1, 2005; is a graduate of a

18  4-year course of study at an accredited college or university;

19  and has a specific experience record of 6 or more years as a

20  subordinate to a Certified Photogrammetrist of the American

21  Society for Photogrammetry and Remote Sensing in the active

22  practice of surveying and mapping, 5 years of which shall be

23  of a nature indicating that the applicant was in responsible

24  charge of the accuracy and correctness of the surveying and

25  mapping work performed. The course of study must have included

26  not fewer than 32 semester hours of study or its academic

27  equivalent. The applicant must have completed a minimum of 25

28  semester hours from a college or university approved by the

29  board in surveying and mapping subjects or in any combination

30  of courses in civil engineering, surveying, mapping,

31  mathematics, photogrammetry, forestry, or land law and the

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    Florida Senate - 2005                           CS for SB 2050
    590-2377-05




 1  physical sciences. Any of the required 25 semester hours of

 2  study completed not as a part of the 4-year course of study

 3  shall be approved at the discretion of the board. Work

 4  experience acquired as a part of the education requirement

 5  shall not be construed as experience in responsible charge.

 6  The applicant must have applied to the department for

 7  licensure on or before July 1, 2007.

 8         Section 5.  Subsection (3) of section 472.021, Florida

 9  Statutes, is amended to read:

10         472.021  Certification of partnerships and

11  corporations.--

12         (3)  The fact that any registered surveyor and mapper

13  practices through a corporation or partnership shall not

14  relieve the registrant from personal liability for negligence,

15  misconduct, or wrongful acts committed by him or her.

16  Partnerships and all partners shall be jointly and severally

17  liable for the negligence, misconduct, or wrongful acts

18  committed by their agents, employees, or partners while acting

19  in a professional capacity. Any officer, agent, or employee of

20  a business organization other than a partnership shall be

21  personally liable and accountable only for negligent acts,

22  wrongful acts, or misconduct committed by him or her or

23  committed by any person under his or her direct supervision

24  and control while rendering professional services on behalf of

25  the business organization. The personal liability of a

26  shareholder or owner of a business organization, in his or her

27  capacity as shareholder or owner, shall be no greater than

28  that of a shareholder-employee of a corporation incorporated

29  under chapter 607. The business organization shall be liable

30  up to the full value of its property for any negligent acts,

31  wrongful acts, or misconduct committed by any of its officers,

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    Florida Senate - 2005                           CS for SB 2050
    590-2377-05




 1  agents, or employees while they are engaged on its behalf in

 2  the rendering of professional services. Corporations and

 3  stockholders who are surveyors and mappers, or partnerships,

 4  and all partners, shall be jointly and severally liable for

 5  the negligence, misconduct, or wrongful acts committed by

 6  their agents, employees, officers, or partners while acting in

 7  a professional capacity.

 8         Section 6.  This act shall take effect July 1, 2005.

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 2050

12                                 

13  The committee substitute differs from the bill in that it:

14  --   Provides that an applicant must have received a degree in
         surveying and mapping of four years or more in a
15       surveying and mapping degree program from a college or
         university recognized by the board in order to take the
16       licensure examination.

17  --   Conforms ch. 472, F.S., terminology to
         "photogrammetrist," which is the latest terminology for a
18       photogrammetric mapper.

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