Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 498
Ì434084+Î434084
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/26/2017 .
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The Committee on Appropriations (Young) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 170 - 435
4 and insert:
5 board.
6 Section 3. Subsections (4) and (10) of section 472.005,
7 Florida Statutes, are amended to read:
8 472.005 Definitions.—As used in ss. 472.001-472.037:
9 (4)(a) “Practice of surveying and mapping” means, among
10 other things, any professional service or work, the adequate
11 performance of which involves the application of special
12 knowledge of the principles of mathematics, the related physical
13 and applied sciences, and the relevant requirements of law for
14 adequate evidence of the act of measuring, locating,
15 establishing, or reestablishing lines, angles, elevations,
16 natural and manmade features in the air, on the surface and
17 immediate subsurface of the earth, within underground workings,
18 and on the beds or surface of bodies of water, for the purpose
19 of determining, establishing, describing, displaying, or
20 interpreting the facts of size, volume, shape, topography, tidal
21 datum planes, and legal or geodetic location or relocation, and
22 orientation of improved or unimproved real property and
23 appurtenances thereto, including acreage and condominiums.
24 (b) The practice of surveying and mapping also includes,
25 but is not limited to, photogrammetric control; orientation of
26 improved or unimproved real property and appurtenances and
27 personal property attached thereto, including acreage and
28 condominiums; the monumentation and remonumentation of property
29 boundaries and subdivisions; the measurement of and preparation
30 of plans showing existing improvements after construction; the
31 layout of proposed improvements; the preparation of descriptions
32 for use in legal instruments of conveyance of real property and
33 property rights; the preparation of subdivision planning maps
34 and record plats, as provided for in chapter 177; the
35 determination of, but not the design of, grades and elevations
36 of roads and land in connection with subdivisions or divisions
37 of land; and the creation and perpetuation of alignments related
38 to maps, record plats, field note records, reports, property
39 descriptions, and plans and drawings that represent them.
40 (10) “Subordinate” means a person an employee who performs
41 work under the direction, supervision, and responsible charge of
42 a person who is registered under this chapter.
43 Section 4. Subsections (2) and (3) of section 472.013,
44 Florida Statutes, are amended to read:
45 472.013 Examinations, prerequisites.—
46 (2) An applicant shall be entitled to take the licensure
47 examination to practice in this state as a surveyor and mapper
48 if the applicant is of good moral character and has satisfied
49 one of the following requirements:
50 (a) The applicant has received a bachelor’s degree, its
51 equivalent, or higher in surveying and mapping or a similarly
52 titled program, including, but not limited to, geomatics,
53 geomatics engineering, and land surveying, of 4 years or more in
54 a surveying and mapping degree program from a college or
55 university recognized by the board and has a specific experience
56 record of 4 or more years as a subordinate to a professional
57 surveyor and mapper in the active practice of surveying and
58 mapping, which experience is of a nature indicating that the
59 applicant was in responsible charge of the accuracy and
60 correctness of the surveying and mapping work performed. The
61 completed surveying and mapping degree of 4 years or more in a
62 surveying and mapping degree program must have included not
63 fewer than 32 semester hours of study, or its academic
64 equivalent, in the science of surveying and mapping or in board
65 approved surveying-and-mapping-related courses. Work experience
66 acquired as a part of the education requirement may shall not be
67 construed as experience in responsible charge.
68 (b) The applicant has received a bachelor’s degree, its
69 equivalent, or higher in a is a graduate of a 4-year course of
70 study, other than in surveying and mapping, at an accredited
71 college or university and has a specific experience record of 6
72 or more years as a subordinate to a registered surveyor and
73 mapper in the active practice of surveying and mapping, 5 years
74 of which shall be of a nature indicating that the applicant was
75 in responsible charge of the accuracy and correctness of the
76 surveying and mapping work performed. The course of study in
77 disciplines other than surveying and mapping must have included
78 not fewer than 32 semester hours of study or its academic
79 equivalent. The applicant must have completed a minimum of 25
80 semester hours from a college or university approved by the
81 board in surveying and mapping subjects or in any combination of
82 courses in civil engineering, surveying, mapping, mathematics,
83 photogrammetry, forestry, or land law and the physical sciences.
84 Any of the required 25 semester hours of study completed not as
85 a part of the bachelor’s degree, its equivalent, or higher may
86 4-year course of study shall be approved at the discretion of
87 the board. Work experience acquired as a part of the education
88 requirement may shall not be construed as experience in
89 responsible charge.
90 (3) A person shall be entitled to take an examination for
91 the purpose of determining whether he or she is qualified to
92 practice in this state as a surveyor and mapper intern if:
93 (a) The person is in good standing in, or is a graduate of,
94 a bachelor degree program, its equivalent or higher, at an
95 accredited college or university and has obtained a minimum of
96 25 semester hours in surveying, mapping, mathematics,
97 photogrammetry, forestry, civil engineering, or land law and the
98 physical sciences, or any combination thereof; or
99 (b) The person has obtained, from an accredited college or
100 university, a minimum of 15 semester hours in surveying,
101 mapping, mathematics, photogrammetry, forestry, civil
102 engineering, or land law and the physical sciences, or any
103 combination thereof, and has a specific surveying and mapping
104 experience record of 2 or more years as a subordinate to a
105 registered surveyor and mapper.
106
107 This subsection may not be construed as a substitute for the
108 degree requirement to take the exams for licensure as outlined
109 in subsection (2) the person is in the final year, or is a
110 graduate, of an approved surveying and mapping curriculum in a
111 school that has been approved by the board.
112 Section 5. Paragraph (a) of subsection (5) of section
113 472.015, Florida Statutes, are amended to read:
114 472.015 Licensure.—
115 (5)(a) The board shall certify as qualified for a license
116 by endorsement an applicant who, at the time of application:
117 1. Holds a valid license to practice surveying and mapping
118 issued before prior to July 1, 1999, by another state or
119 territory of the United States; has passed a national, regional,
120 state, or territorial licensing examination that is
121 substantially equivalent to the examination required by s.
122 472.013; and has a specific experience record of at least 8
123 years as a subordinate to a registered surveyor and mapper in
124 the active practice of surveying and mapping, 6 years of which
125 must be of a nature indicating that the applicant was in
126 responsible charge of the accuracy and correctness of the
127 surveying and mapping work performed; or
128 2. Holds a valid license to practice surveying and mapping
129 issued by another state or territory of the United States if the
130 criteria for issuance of the license were substantially the same
131 as the licensure criteria that existed in Florida at the time
132 the license was issued.; or
133 3. Is a practicing photogrammetrist who holds the Certified
134 Photogrammetrist designation of the American Society for
135 Photogrammetry and Remote Sensing and held such designation on
136 or before July 1, 2005; is a graduate of a 4-year course of
137 study at an accredited college or university; and has a specific
138 experience record of 6 or more years as a subordinate to a
139 Certified Photogrammetrist of the American Society for
140 Photogrammetry and Remote Sensing in the active practice of
141 surveying and mapping, 5 years of which shall be of a nature
142 indicating that the applicant was in responsible charge of the
143 accuracy and correctness of the surveying and mapping work
144 performed. The course of study must have included not fewer than
145 32 semester hours of study or its academic equivalent. The
146 applicant must have completed a minimum of 25 semester hours
147 from a college or university approved by the board in surveying
148 and mapping subjects or in any combination of courses in civil
149 engineering, surveying, mapping, mathematics, photogrammetry,
150 forestry, or land law and the physical sciences. Any of the
151 required 25 semester hours of study completed not as a part of
152 the 4-year course of study shall be approved at the discretion
153 of the board. Work experience acquired as a part of the
154 education requirement shall not be construed as experience in
155 responsible charge. The applicant must have applied to the
156 department for licensure on or before July 1, 2007.
157 Section 6. Section 472.018, Florida Statutes, is amended to
158 read:
159 472.018 Continuing education.—The department may not renew
160 a license until the licensee submits proof satisfactory to the
161 board that during the 2 years before her or his application for
162 renewal the licensee has completed at least 24 hours of
163 continuing education. The board may provide by rule for
164 continuing education hours carryover for each renewal cycle not
165 to exceed 12 hours.
166 (1) The board shall adopt rules to establish the criteria
167 and course content for continuing education providers courses.
168 The rules may provide that up to a maximum of 25 percent of the
169 required continuing education hours may be fulfilled by the
170 performance of pro bono services to the indigent or to
171 underserved populations or in areas of critical need within the
172 state where the licensee practices. The board must require that
173 any pro bono services be approved in advance in order to receive
174 credit for continuing education under this section. The board
175 shall use the standard recognized by the Federal Poverty Income
176 Guidelines produced by the United States Department of Health
177 and Human Services in determining indigency. The board may adopt
178 rules that may provide that a part of the continuing education
179 hours may be fulfilled by performing research in critical need
180 areas or for training leading to advanced professional
181 certification. The board may adopt rules to define underserved
182 and critical need areas. The department shall adopt rules for
183 the administration of continuing education requirements adopted
184 by the board.
185 (2) The board may provide by rule the method of delivery
186 and criteria that distance learning may be used to satisfy
187 continuing education requirements.
188 (3) The board may prorate the required continuing education
189 hours in the following circumstances:
190 (a) For new licensees:
191 1. By requiring half of the required continuing education
192 hours for any applicant who becomes licensed with more than half
193 the renewal period remaining and no continuing education for any
194 applicant who becomes licensed with half or less than half of
195 the renewal period remaining; or
196 2. Requiring no continuing education hours until the first
197 full renewal cycle of the licensee.
198 (b) When the number of hours required is increased by law
199 or the board.
200 (4) Upon the request of a licensee, the provider must also
201 furnish to the department information regarding courses
202 completed by the licensee, in an electronic format required by
203 rule of the department.
204 (5) Each continuing education provider shall retain all
205 records relating to a licensee’s completion of continuing
206 education courses for at least 4 years after completion of a
207 course.
208 (6) A continuing education provider may not be approved,
209 and the approval may not be renewed, unless the provider agrees
210 in writing to provide such cooperation under this section as
211 required by the department.
212 (7) For the purpose of determining which persons or
213 entities must meet the reporting, recordkeeping, and access
214 provisions of this section, the board by rule shall adopt a
215 definition of the term “continuing education provider”
216 applicable to the profession’s continuing education
217 requirements. The intent of the rule is to ensure that all
218 records and information necessary to carry out the requirements
219 of this section are maintained and transmitted accordingly and
220 to minimize disputes as to what person or entity is responsible
221 for maintaining and reporting such records and information.
222 (8) The board shall approve the providers of continuing
223 education. The approval of continuing education providers and
224 courses must be for a specified period of time, not to exceed 4
225 years. An approval that does not include such a time limitation
226 may remain in effect under this chapter or the rules adopted
227 under this chapter.
228 (9) The department may fine, suspend, or revoke approval of
229 any continuing education provider that fails to comply with its
230 duties under this section. The fine may not exceed $500 per
231 violation. Investigations and prosecutions of a provider’s
232 failure to comply with its duties under this section shall be
233 conducted pursuant to s. 472.033.
234 (10) The board shall issue an order requiring a person or
235 entity to cease and desist from offering any continuing
236 education programs for licensees, and fining, suspending, or
237 revoking any approval of the provider previously granted by the
238 board if the board determines that the person or entity failed
239 to provide appropriate continuing education services that
240 conform to approved course material. The fine may not exceed
241 $500 per violation. Investigations and prosecutions of a
242 provider’s failure to comply with its duties under this section
243 shall be conducted under s. 472.033.
244 (11) The board may establish, by rule, a fee not to exceed
245 $250 for anyone seeking approval to provide continuing education
246 courses and may establish, by rule, a biennial fee not to exceed
247 $250 for the renewal of providership of such courses. Such
248 postlicensure education courses are subject to the reporting,
249 monitoring, and compliance provisions of this section.
250 (12) The department and the board may adopt rules under
251
252 ================= T I T L E A M E N D M E N T ================
253 And the title is amended as follows:
254 Delete lines 13 - 30
255 and insert:
256 revising the standards for applicant eligibility to
257 take the licensure examination to practice as a
258 surveyor or mapper; amending s. 472.015, F.S.;
259 revising the qualifications for licensure by
260 endorsement; amending s. 472.018, F.S.; authorizing
261 the board to provide by rule for the carryover hours
262 of continuing education requirements up to a specified
263 maximum; deleting a requirement that the board approve
264 course content for continuing education courses;
265 requiring the board to adopt rules to establish
266 criteria for continuing education providers;
267 authorizing the board to provide by rule the method of
268 delivery and criteria that may be used to satisfy
269 continuing education requirements; deleting a
270 requirement that the board must issue cease and desist
271 orders and enact certain penalties for continuing
272 education providers offering services that fail to
273 conform to approved course material; amending s.
274 472.025, F.S.;