HB 4133

1	A bill to be entitled
2	An act relating to professional geology; repealing chapter
3	492, F.S., relating to the regulation, licensure, and
4	discipline of professional geologists, the Board of
5	Professional Geologists of the Department of Business and
6	Professional Regulation, and the practice of professional
7	geology by firms, corporations, and partnerships; amending
8	ss. 20.165, 373.1175, 376.80, 377.075, 403.087, 403.0877,
9	469.004, 627.706, 627.707, 627.7072, 627.7073, and
10	627.7074, F.S.; conforming provisions; providing an
11	effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Chapter 492, Florida Statutes, consisting of
16	sections 492.101, 492.102, 492.103, 492.104, 492.105, 492.106,
17	492.107, 492.108, 492.109, 492.1101, 492.111, 492.112, 492.113,
18	492.114, 492.115, 492.116, and 492.1165, is repealed.
19	Section 2.  Paragraph (a) of subsection (4) of section
20	20.165, Florida Statutes, is amended to read:
21	20.165  Department of Business and Professional
22	Regulation.-There is created a Department of Business and
23	Professional Regulation.
24	(4)(a)  The following boards and programs are established
25	within the Division of Professions:
26	1.  Board of Architecture and Interior Design, created
27	under part I of chapter 481.
28	2.  Florida Board of Auctioneers, created under part VI of
29	chapter 468.
30	3.  Barbers' Board, created under chapter 476.
31	4.  Florida Building Code Administrators and Inspectors
32	Board, created under part XII of chapter 468.
33	5.  Construction Industry Licensing Board, created under
34	part I of chapter 489.
35	6.  Board of Cosmetology, created under chapter 477.
36	7.  Electrical Contractors' Licensing Board, created under
37	part II of chapter 489.
38	8.  Board of Employee Leasing Companies, created under part
39	XI of chapter 468.
40	9.  Board of Landscape Architecture, created under part II
41	of chapter 481.
42	10.  Board of Pilot Commissioners, created under chapter
43	310.
44	11.  Board of Professional Engineers, created under chapter
45	471.
46	12.  Board of Professional Geologists, created under
47	chapter 492.
48	12.13.  Board of Veterinary Medicine, created under chapter
49	474.
50	13.14.  Home inspection services licensing program, created
51	under part XV of chapter 468.
52	14.15.  Mold-related services licensing program, created
53	under part XVI of chapter 468.
54	Section 3.  Subsection (1) of section 373.1175, Florida
55	Statutes, is amended to read:
56	373.1175  Signing and sealing by professional geologists.-
57	(1)  If an application for a permit or license, or the
58	performance of an activity regulated under this chapter,
59	requires the services of a professional geologist as provided
60	for in chapter 492, the department or governing board of a water
61	management district may require that a professional geologist
62	licensed under chapter 492 sign and seal any documents and
63	reports submitted in connection with the permit application or
64	regulated activity.
65	Section 4.  Paragraph (b) of subsection (5) of section
66	376.80, Florida Statutes, is amended to read:
67	376.80  Brownfield program administration process.-
68	(5)  The person responsible for brownfield site
69	rehabilitation must enter into a brownfield site rehabilitation
70	agreement with the department or an approved local pollution
71	control program if actual contamination exists at the brownfield
72	site. The brownfield site rehabilitation agreement must include:
73	(b)  A commitment to conduct site rehabilitation activities
74	under the observation of professional engineers or geologists
75	who are registered in accordance with the requirements of
76	chapter 471 or geologists or chapter 492, respectively.
77	Submittals provided by the person responsible for brownfield
78	site rehabilitation must be signed and sealed by a professional
79	engineer registered under chapter 471, or a professional
80	geologist registered under chapter 492, certifying that the
81	submittal and associated work comply with the law and rules of
82	the department and those governing the profession. In addition,
83	upon completion of the approved remedial action, the department
84	shall require a professional engineer registered under chapter
85	471 or a professional geologist registered under chapter 492 to
86	certify that the corrective action was, to the best of his or
87	her knowledge, completed in substantial conformance with the
88	plans and specifications approved by the department.
89	Section 5.  Subsection (3) of section 377.075, Florida
90	Statutes, is amended to read:
91	377.075  Division of Technical Services; geological
92	functions.-
93	(3)  STATE GEOLOGIST.-The geological functions of the
94	division shall be under the direction of a full-time
95	professional geologist who is registered in this state, who
96	shall be of established reputation, and who shall be known as
97	the State Geologist.
98	Section 6.  Paragraph (a) of subsection (6) of section
99	403.087, Florida Statutes, is amended to read:
100	403.087  Permits; general issuance; denial; revocation;
101	prohibition; penalty.-
102	(6)(a)  The department shall require a processing fee in an
103	amount sufficient, to the greatest extent possible, to cover the
104	costs of reviewing and acting upon any application for a permit
105	or request for site-specific alternative criteria or for an
106	exemption from water quality criteria and to cover the costs of
107	surveillance and other field services and related support
108	activities associated with any permit or plan approval issued
109	pursuant to this chapter. The department shall review the fees
110	authorized under this chapter at least once every 5 years and
111	shall adjust the fees upward, as necessary, within the fee caps
112	established in this paragraph to reflect changes in the Consumer
113	Price Index or similar inflation indicator. The department shall
114	establish by rule the inflation index to be used for this
115	purpose. In the event of deflation, the department shall consult
116	with the Executive Office of the Governor and the Legislature to
117	determine whether downward fee adjustments are appropriate based
118	on the current budget and appropriation considerations. However,
119	when an application is received without the required fee, the
120	department shall acknowledge receipt of the application and
121	shall immediately return the unprocessed application to the
122	applicant and shall take no further action until the application
123	is received with the appropriate fee. The department shall adopt
124	a schedule of fees by rule, subject to the following
125	limitations:
126	1.  The fee for any of the following may not exceed
127	$32,500:
128	a.  Hazardous waste, construction permit.
129	b.  Hazardous waste, operation permit.
130	c.  Hazardous waste, postclosure permit, or clean closure
131	plan approval.
132	d.  Hazardous waste, corrective action permit.
133	2.  The permit fee for a drinking water construction or
134	operation permit, not including the operation license fee
135	required under s. 403.861(7), shall be at least $500 and may not
136	exceed $15,000.
137	3.  The permit fee for a Class I injection well
138	construction permit may not exceed $12,500.
139	4.  The permit fee for any of the following permits may not
140	exceed $10,000:
141	a.  Solid waste, construction permit.
142	b.  Solid waste, operation permit.
143	c.  Class I injection well, operation permit.
144	5.  The permit fee for any of the following permits may not
145	exceed $7,500:
146	a.  Air pollution, construction permit.
147	b.  Solid waste, closure permit.
148	c.  Domestic waste residuals, construction or operation
149	permit.
150	d.  Industrial waste, operation permit.
151	e.  Industrial waste, construction permit.
152	6.  The permit fee for any of the following permits may not
153	exceed $5,000:
154	a.  Domestic waste, operation permit.
155	b.  Domestic waste, construction permit.
156	7.  The permit fee for any of the following permits may not
157	exceed $4,000:
158	a.  Wetlands resource management-(dredge and fill and
159	mangrove alteration).
160	b.  Hazardous waste, research and development permit.
161	c.  Air pollution, operation permit, for sources not
162	subject to s. 403.0872.
163	d.  Class III injection well, construction, operation, or
164	abandonment permits.
165	8.  The permit fee for a drinking water distribution system
166	permit, including a general permit, shall be at least $500 and
167	may not exceed $1,000.
168	9.  The permit fee for Class V injection wells,
169	construction, operation, and abandonment permits may not exceed
170	$750.
171	10.  The permit fee for domestic waste collection system
172	permits may not exceed $500.
173	11.  The permit fee for stormwater operation permits may
174	not exceed $100.
175	12.  Except as provided in subparagraph 8., the general
176	permit fees for permits that require certification by a
177	registered professional engineer or a professional geologist may
178	not exceed $500, and the general permit fee for other permit
179	types may not exceed $100.
180	13.  The fee for a permit issued pursuant to s. 403.816 is
181	$5,000, and the fee for any modification of such permit
182	requested by the applicant is $1,000.
183	14.  The regulatory program and surveillance fees for
184	facilities permitted pursuant to s. 403.088 or s. 403.0885, or
185	for facilities permitted pursuant to s. 402 of the Clean Water
186	Act, as amended, 33 U.S.C. ss. 1251 et seq., and for which the
187	department has been granted administrative authority, shall be
188	limited as follows:
189	a.  The fees for domestic wastewater facilities shall not
190	exceed $7,500 annually. The department shall establish a sliding
191	scale of fees based on the permitted capacity and shall ensure
192	smaller domestic waste dischargers do not bear an inordinate
193	share of costs of the program.
194	b.  The annual fees for industrial waste facilities shall
195	not exceed $11,500. The department shall establish a sliding
196	scale of fees based upon the volume, concentration, or nature of
197	the industrial waste discharge and shall ensure smaller
198	industrial waste dischargers do not bear an inordinate share of
199	costs of the program.
200	c.  The department may establish a fee, not to exceed the
201	amounts in subparagraphs 5. and 6., to cover additional costs of
202	review required for permit modification or construction
203	engineering plans.
204	Section 7.  Subsection (1) of section 403.0877, Florida
205	Statutes, is amended to read:
206	403.0877  Certification by professionals regulated by the
207	Department of Business and Professional Regulation.-
208	(1)  Nothing in this section shall be construed as specific
209	authority for a water management district or the department to
210	require certification by a professional engineer licensed under
211	chapter 471, a professional landscape architect licensed under
212	part II of chapter 481, a professional geologist licensed under
213	chapter 492, or a professional surveyor and mapper licensed
214	under chapter 472, for an activity that is not within the
215	definition or scope of practice of the regulated profession.
216	Section 8.  Subsection (1) of section 469.004, Florida
217	Statutes, is amended to read:
218	469.004  License; asbestos consultant; asbestos
219	contractor.-
220	(1)  All asbestos consultants must be licensed by the
221	department. An asbestos consultant's license may be issued only
222	to an applicant who holds a current, valid, active license as an
223	architect issued under chapter 481; holds a current, valid,
224	active license as a professional engineer issued under chapter
225	471; holds a current, valid, active license as a professional
226	geologist issued under chapter 492; is a diplomat of the
227	American Board of Industrial Hygiene; or has been awarded
228	designation as a Certified Safety Professional by the Board of
229	Certified Safety Professionals.
230	Section 9.  Subsection (2) of section 627.706, Florida
231	Statutes, is amended to read:
232	627.706  Sinkhole insurance; catastrophic ground cover
233	collapse; definitions.-
234	(2)  As used in ss. 627.706-627.7074, and as used in
235	connection with any policy providing coverage for a catastrophic
236	ground cover collapse or for sinkhole losses:
237	(a)  "Catastrophic ground cover collapse" means geological
238	activity that results in all the following:
239	1.  The abrupt collapse of the ground cover;
240	2.  A depression in the ground cover clearly visible to the
241	naked eye;
242	3.  Structural damage to the building, including the
243	foundation; and
244	4.  The insured structure being condemned and ordered to be
245	vacated by the governmental agency authorized by law to issue
246	such an order for that structure.
247
248	Contents coverage applies if there is a loss resulting from a
249	catastrophic ground cover collapse. Structural damage consisting
250	merely of the settling or cracking of a foundation, structure,
251	or building does not constitute a loss resulting from a
252	catastrophic ground cover collapse.
253	(b)(f)  "Professional Geologist" means a person, as defined
254	by s. 492.102, who has a bachelor's degree or higher in geology
255	or related earth science with expertise in the geology of
256	Florida. A professional geologist must have geological
257	experience and expertise in the identification of sinkhole
258	activity as well as other potential geologic causes of damage to
259	the structure.
260	(c)(e)  "Professional engineer" means a person, as defined
261	in s. 471.005, who has a bachelor's degree or higher in
262	engineering with a specialty in the geotechnical engineering
263	field. A professional engineer must have geotechnical experience
264	and expertise in the identification of sinkhole activity as well
265	as other potential causes of damage to the structure.
266	(d)(b)  "Sinkhole" means a landform created by subsidence
267	of soil, sediment, or rock as underlying strata are dissolved by
268	groundwater. A sinkhole may form by collapse into subterranean
269	voids created by dissolution of limestone or dolostone or by
270	subsidence as these strata are dissolved.
271	(e)(d)  "Sinkhole activity" means settlement or systematic
272	weakening of the earth supporting such property only when such
273	settlement or systematic weakening results from movement or
274	raveling of soils, sediments, or rock materials into
275	subterranean voids created by the effect of water on a limestone
276	or similar rock formation.
277	(f)(c)  "Sinkhole loss" means structural damage to the
278	building, including the foundation, caused by sinkhole activity.
279	Contents coverage shall apply only if there is structural damage
280	to the building caused by sinkhole activity.
281	Section 10.  Subsections (2), (3), and (6) of section
282	627.707, Florida Statutes, are amended to read:
283	627.707  Standards for investigation of sinkhole claims by
284	insurers; nonrenewals.-Upon receipt of a claim for a sinkhole
285	loss, an insurer must meet the following standards in
286	investigating a claim:
287	(2)  Following the insurer's initial inspection, the
288	insurer shall engage a professional engineer or a professional
289	geologist to conduct testing as provided in s. 627.7072 to
290	determine the cause of the loss within a reasonable professional
291	probability and issue a report as provided in s. 627.7073, if:
292	(a)  The insurer is unable to identify a valid cause of the
293	damage or discovers damage to the structure which is consistent
294	with sinkhole loss; or
295	(b)  The policyholder demands testing in accordance with
296	this section or s. 627.7072.
297	(3)  Following the initial inspection of the insured
298	premises, the insurer shall provide written notice to the
299	policyholder disclosing the following information:
300	(a)  What the insurer has determined to be the cause of
301	damage, if the insurer has made such a determination.
302	(b)  A statement of the circumstances under which the
303	insurer is required to engage a professional engineer or a
304	professional geologist to verify or eliminate sinkhole loss and
305	to engage a professional engineer to make recommendations
306	regarding land and building stabilization and foundation repair.
307	(c)  A statement regarding the right of the policyholder to
308	request testing by a professional engineer or a professional
309	geologist and the circumstances under which the policyholder may
310	demand certain testing.
311	(6)  Except as provided in subsection (7), the fees and
312	costs of the professional engineer or the professional geologist
313	shall be paid by the insurer.
314	Section 11.  Section 627.7072, Florida Statutes, is amended
315	to read:
316	627.7072  Testing standards for sinkholes.-The professional
317	engineer and the professional geologist shall perform such tests
318	as sufficient, in their professional opinion, to determine the
319	presence or absence of sinkhole loss or other cause of damage
320	within reasonable professional probability and for the
321	professional engineer to make recommendations regarding
322	necessary building stabilization and foundation repair.
323	Section 12.  Subsection (1) of section 627.7073, Florida
324	Statutes, is amended to read:
325	627.7073  Sinkhole reports.-
326	(1)  Upon completion of testing as provided in s. 627.7072,
327	the professional engineer or the professional geologist shall
328	issue a report and certification to the insurer and the
329	policyholder as provided in this section.
330	(a)  Sinkhole loss is verified if, based upon tests
331	performed in accordance with s. 627.7072, a professional
332	engineer or a professional geologist issues a written report and
333	certification stating:
334	1.  That the cause of the actual physical and structural
335	damage is sinkhole activity within a reasonable professional
336	probability.
337	2.  That the analyses conducted were of sufficient scope to
338	identify sinkhole activity as the cause of damage within a
339	reasonable professional probability.
340	3.  A description of the tests performed.
341	4.  A recommendation by the professional engineer of
342	methods for stabilizing the land and building and for making
343	repairs to the foundation.
344	(b)  If sinkhole activity is eliminated as the cause of
345	damage to the structure, the professional engineer or the
346	professional geologist shall issue a written report and
347	certification to the policyholder and the insurer stating:
348	1.  That the cause of the damage is not sinkhole activity
349	within a reasonable professional probability.
350	2.  That the analyses and tests conducted were of
351	sufficient scope to eliminate sinkhole activity as the cause of
352	damage within a reasonable professional probability.
353	3.  A statement of the cause of the damage within a
354	reasonable professional probability.
355	4.  A description of the tests performed.
356	(c)  The respective findings, opinions, and recommendations
357	of the professional engineer or the professional geologist as to
358	the cause of distress to the property and the findings,
359	opinions, and recommendations of the professional engineer as to
360	land and building stabilization and foundation repair shall be
361	presumed correct.
362	Section 13.  Paragraph (b) of subsection (1) of section
363	627.7074, Florida Statutes, is amended to read:
364	627.7074  Alternative procedure for resolution of disputed
365	sinkhole insurance claims.-
366	(1)  As used in this section, the term:
367	(b)  "Neutral evaluator" means a professional engineer or a
368	professional geologist who has completed a course of study in
369	alternative dispute resolution designed or approved by the
370	department for use in the neutral evaluation process, who is
371	determined to be fair and impartial.
372	Section 14.  This act shall take effect July 1, 2011.

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