Florida Senate - 2022                                    SB 1286
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-01120-22                                           20221286__
    1                        A bill to be entitled                      
    2         An act relating to licensure requirements for land
    3         surveyors and mappers; reordering and amending s.
    4         472.005, F.S.; defining the term “accredited college
    5         or university”; amending s. 472.0101, F.S.;
    6         authorizing an exiled professional to substitute a
    7         specified lawful practice of the profession for the
    8         education requirement of the examination; amending s.
    9         472.013, F.S.; revising education requirements for
   10         licensure to include an applicant who has received an
   11         associate degree under certain circumstances;
   12         requiring such education to be from an accredited
   13         college or university; providing that specified
   14         experience entitles an applicant to take the licensure
   15         examination for licensure as a land surveyor or
   16         mapper; providing that an applicant who holds a valid
   17         license from another state, jurisdiction, or
   18         territory, and has certain experience in the practice
   19         of surveying and mapping may take the licensure
   20         examination to practice as a land surveyor or mapper
   21         in this state; providing that completion of a
   22         specified apprenticeship program entitles an applicant
   23         to take the licensure examination for licensure as a
   24         land surveyor or mapper; providing construction;
   25         amending s. 472.003, F.S.; conforming a cross
   26         reference; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 472.005, Florida Statutes, is reordered
   31  and amended to read:
   32         472.005 Definitions.—As used in ss. 472.001-472.037, the
   33  term:
   34         (1)“Accredited college or university” means a college or
   35  university that has been accredited by the Southern Association
   36  of Colleges and Schools, another regional accrediting agency,
   37  the Accrediting Council for Independent Colleges and Schools, or
   38  an accrediting agency or association that is recognized by the
   39  database created and maintained by the United States Department
   40  of Education.
   41         (2)(1) “Board” means the Board of Professional Surveyors
   42  and Mappers.
   43         (5)(2) “Department” means the Department of Agriculture and
   44  Consumer Services.
   45         (16)(3) “Surveyor and mapper” includes the term
   46  “professional surveyor and mapper” and means a person who is
   47  registered to engage in the practice of surveying and mapping
   48  under ss. 472.001-472.037. For the purposes of this statute, a
   49  surveyor and mapper means a person who determines and displays
   50  the facts of size, shape, topography, tidal datum planes, legal
   51  or geodetic location or relation, and orientation of improved or
   52  unimproved real property through direct measurement or from
   53  certifiable measurement through accepted photogrammetric
   54  procedures.
   55         (12)(a)(4)(a) “Practice of surveying and mapping” means,
   56  among other things, any professional service or work, the
   57  adequate performance of which involves the application of
   58  special knowledge of the principles of mathematics, the related
   59  physical and applied sciences, and the relevant requirements of
   60  law for adequate evidence of the act of measuring, locating,
   61  establishing, or reestablishing lines, angles, elevations,
   62  natural and manmade features in the air, on the surface and
   63  immediate subsurface of the earth, within underground workings,
   64  and on the beds or surface of bodies of water, for the purpose
   65  of determining, establishing, describing, displaying, or
   66  interpreting the facts of size, volume, shape, topography, tidal
   67  datum planes, and legal or geodetic location or relocation.
   68         (b) The practice of surveying and mapping also includes,
   69  but is not limited to, photogrammetric control; orientation of
   70  improved or unimproved real property and appurtenances and
   71  personal property attached thereto, including acreage and
   72  condominiums; the monumentation and remonumentation of property
   73  boundaries and subdivisions; the measurement of and preparation
   74  of plans showing existing improvements after construction; the
   75  layout of proposed improvements; the preparation of descriptions
   76  for use in legal instruments of conveyance of real property and
   77  property rights; the preparation of subdivision planning maps
   78  and record plats, as provided for in chapter 177; the
   79  determination of, but not the design of, grades and elevations
   80  of roads and land in connection with subdivisions or divisions
   81  of land; and the creation and perpetuation of alignments related
   82  to maps, record plats, field note records, reports, property
   83  descriptions, and plans and drawings that represent them.
   84         (17)(5)The term “Surveyor and mapper intern” includes the
   85  term “surveyor-mapper-in-training” and means a person who
   86  complies with the requirements provided by ss. 472.001-472.037
   87  and who has passed an examination as provided by rules adopted
   88  by the board.
   89         (13)(6)The term “Responsible charge” means direct control
   90  and personal supervision of surveying and mapping work, but does
   91  not include experience as a chainperson, rodperson,
   92  instrumentperson, ordinary draftsperson, digitizer, scriber,
   93  photo lab technician, ordinary stereo plotter operator, aerial
   94  photo pilot, photo interpreter, and other positions of routine
   95  work.
   96         (8)(7)The term “License” means a registration,
   97  certificate, or license issued by the department pursuant to
   98  this chapter.
   99         (11)(8) “Photogrammetrist” means any person who engages in
  100  the practice of surveying and mapping using aerial or
  101  terrestrial photography or other sources of images.
  102         (6)(9) “Employee” means a person who receives compensation
  103  from and is under the supervision and control of an employer who
  104  regularly deducts the F.I.C.A. and withholding tax and provides
  105  workers’ compensation, all as prescribed by law.
  106         (15)(10) “Subordinate” means a person who performs work
  107  under the direction, supervision, and responsible charge of a
  108  person who is registered under this chapter.
  109         (10)(11) “Monument” means an artificial or natural object
  110  that is permanent or semipermanent and used or presumed to
  111  occupy any real property corner, any point on a boundary line,
  112  or any reference point or other point to be used for horizontal
  113  or vertical control.
  114         (7)(12) “Legal entity” means a corporation, partnership,
  115  association, or person practicing under a fictitious name who is
  116  certified under s. 472.021.
  117         (14)(13) “Retired professional surveyor and mapper” means a
  118  person who has been licensed as a professional surveyor and
  119  mapper by the board and who chooses to relinquish or not to
  120  renew his or her license and applies to and is approved by the
  121  board to use the title “Professional Surveyor and Mapper,
  122  Retired.”
  123         (3)(14) “Commissioner” means the Commissioner of
  124  Agriculture.
  125         (4)(15) “Consumer member” means a person appointed to serve
  126  on the board who is not, and never has been, a professional
  127  surveyor or mapper in any jurisdiction or a member of any
  128  closely related profession regulated by the board.
  129         (9)(16) “Licensee” means any person or business entity that
  130  has been issued, pursuant to this chapter, a registration,
  131  certificate, or license by the department.
  132         Section 2. Subsection (1) of section 472.0101, Florida
  133  Statutes, is amended to read:
  134         472.0101 Foreign-trained professionals; special examination
  135  and license provisions.—
  136         (1) When not otherwise provided by law, the department
  137  shall by rule provide procedures under which exiled
  138  professionals may be examined under this chapter. A person is
  139  eligible for the examination if the exiled professional:
  140         (a) Immigrated to the United States after leaving the
  141  person’s home country because of political reasons, provided the
  142  country is located in the Western Hemisphere and does not have
  143  diplomatic relations with the United States;
  144         (b) Applies to the department and submits a fee;
  145         (c) Was a resident of this state immediately preceding the
  146  person’s application;
  147         (d) Demonstrates to the department, through submission of
  148  documentation verified by the applicant’s respective
  149  professional association in exile, that the applicant was
  150  graduated with an appropriate professional or occupational
  151  degree from a college or university. However,
  152         1. The department may not require receipt of any
  153  documentation from the Republic of Cuba as a condition of
  154  eligibility under this section.;
  155         2.(e)A person who has lawfully practiced the profession
  156  for at least 3 years may substitute such practice of the
  157  profession for the education requirement under this paragraph;
  158         (e)(f)Before Prior to 1980, successfully completed an
  159  approved course of study pursuant to chapters 74-105 and 75-177,
  160  Laws of Florida; and
  161         (f)(g) Presents a certificate demonstrating the successful
  162  completion of a continuing education program which offers a
  163  course of study that will prepare the applicant for the
  164  examination offered under subsection (2). The department shall
  165  develop rules for the approval of such programs for the board.
  166         Section 3. Subsection (2) of section 472.013, Florida
  167  Statutes, is amended to read:
  168         472.013 Examinations, prerequisites.—
  169         (2) An applicant shall be entitled to take the licensure
  170  examination to practice in this state as a surveyor and mapper
  171  if the applicant is of good moral character and has satisfied
  172  one of the following requirements:
  173         (a) The applicant has received a bachelor’s degree, its
  174  equivalent, or higher in surveying and mapping or a similarly
  175  titled program, including, but not limited to, geomatics,
  176  geomatics engineering, and land surveying, from an accredited a
  177  college or university recognized by the board and has a specific
  178  experience record of 4 or more years as a subordinate to a
  179  professional surveyor and mapper in the active practice of
  180  surveying and mapping, which experience is of a nature
  181  indicating that the applicant was in responsible charge of the
  182  accuracy and correctness of the surveying and mapping work
  183  performed. Work experience acquired as a part of the education
  184  requirement may not be construed as experience in responsible
  185  charge.
  186         (b) The applicant has received a bachelor’s degree, its
  187  equivalent, or higher in a course of study, other than in
  188  surveying and mapping, at an accredited college or university
  189  and has a specific experience record of 6 or more years as a
  190  subordinate to a registered surveyor and mapper in the active
  191  practice of surveying and mapping, which experience is 5 years
  192  of which shall be of a nature indicating that the applicant was
  193  in responsible charge of the accuracy and correctness of the
  194  surveying and mapping work performed. The applicant must have
  195  completed a minimum of 25 semester hours from an accredited a
  196  college or university approved by the board in surveying and
  197  mapping subjects or in any combination of courses in civil
  198  engineering, surveying, mapping, mathematics, photogrammetry,
  199  forestry, or land law and the physical sciences. Any of the
  200  required 25 semester hours of study completed not as a part of
  201  the bachelor’s degree, its equivalent, or higher may be approved
  202  at the discretion of the board. Work experience acquired as a
  203  part of the education requirement may not be construed as
  204  experience in responsible charge.
  205         (c)The applicant has received an associate degree and has
  206  a specific experience record of 6 or more years as a subordinate
  207  to a professional surveyor and mapper in the active practice of
  208  surveying and mapping, which experience is of a nature
  209  indicating that the applicant was in responsible charge of the
  210  accuracy and correctness of the surveying and mapping work
  211  performed. The applicant must have completed a minimum of 25
  212  semester hours from an accredited college or university in
  213  surveying and mapping subjects or in any combination of courses
  214  in civil engineering, surveying, mapping, mathematics,
  215  photogrammetry, forestry, or land law and the physical sciences.
  216  Work experience acquired as a part of the education requirement
  217  may not be construed as experience in responsible charge.
  218         (d)The applicant has received a high school diploma, or
  219  its equivalent, and has a specific experience record of 6 or
  220  more years as a subordinate to a professional surveyor and
  221  mapper in the active practice of surveying and mapping, which
  222  experience is of a nature indicating that the applicant was in
  223  responsible charge of the accuracy and correctness of the
  224  surveying and mapping work performed. The applicant must have
  225  completed a minimum of 25 semester hours from an accredited
  226  college or university in surveying and mapping subjects or in
  227  any combination of courses in civil engineering, surveying,
  228  mapping, mathematics, photogrammetry, forestry, or land law and
  229  the physical sciences. Work experience acquired as a part of the
  230  education requirement may not be construed as experience in
  231  responsible charge.
  232         (e)The applicant holds a valid license to practice
  233  surveying and mapping in another state, jurisdiction, or
  234  territory, and has 2 years of experience in the active practice
  235  of surveying and mapping, which experience is of a nature
  236  indicating that the applicant was in responsible charge of the
  237  accuracy and correctness of the surveying and mapping work
  238  performed.
  239         (f)The applicant has received a registered apprenticeship
  240  certificate in surveying and mapping after completing a
  241  registered apprenticeship program approved by the Department of
  242  Education and has a specified experience record of 2 or more
  243  years as a subordinate to a professional surveyor and mapper in
  244  the active practice of surveying and mapping, which experience
  245  is of a nature indicating that the applicant was in responsible
  246  charge of the accuracy and correctness of the surveying and
  247  mapping work performed. Work experience acquired as a part of
  248  the education requirement may not be construed as experience in
  249  responsible charge.
  250         Section 4. Subsection (4) of section 472.003, Florida
  251  Statutes, is amended to read:
  252         472.003 Persons not affected by ss. 472.001-472.037.
  253  Sections 472.001-472.037 do not apply to:
  254         (4) Persons employed by county property appraisers, as
  255  defined at s. 192.001(3), and persons employed by the Department
  256  of Revenue, to prepare maps for property appraisal purposes
  257  only, but only to the extent that they perform mapping services
  258  which do not include any surveying activities as described in s.
  259  472.005 s. 472.005(4)(a) and (b).
  260         Section 5. This act shall take effect July 1, 2022.