House Bill hb0489c1
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    Florida House of Representatives - 2002              CS/HB 489
        By the Council for Smarter Government and Representatives
    Henriquez, Kottkamp, Greenstein, Allen and Cantens
  1                      A bill to be entitled
  2         An act relating to land surveying and mapping;
  3         amending s. 472.003, F.S.; exempting certain
  4         subordinate employees from provisions relating
  5         to regulation of land surveying and mapping;
  6         amending s. 472.005, F.S.; providing
  7         definitions; amending s. 472.008, F.S.;
  8         providing rulemaking authority to the Board of
  9         Professional Surveyors and Mappers relating to
10         the use of professional titles by retirees;
11         amending s. 472.013, F.S.; deleting an obsolete
12         prerequisite to take the licensure examination
13         to practice as a surveyor and mapper; deleting
14         rulemaking authority for the review and
15         approval of military schools and federal
16         training and apprenticeship programs; amending
17         s. 472.015, F.S.; revising requirements for
18         licensure by endorsement; amending s. 472.029,
19         F.S.; revising provisions relating to access to
20         lands of others for surveying or mapping
21         purposes; providing applicability to
22         subordinates; providing for liability and duty
23         of care on agricultural land; amending s.
24         472.031, F.S.; prohibiting persons who are not
25         registered to practice surveying and mapping
26         from offering to practice such profession or
27         from using certain related professional titles;
28         providing penalties; amending s. 472.033, F.S.;
29         revising and providing grounds for disciplinary
30         action; providing penalties; deleting certain
31         duties of the Board of Professional Surveyors
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  1         and Mappers and the Department of Business and
  2         Professional Regulation relating to
  3         disciplinary proceedings; providing an
  4         effective date.
  5
  6  Be It Enacted by the Legislature of the State of Florida:
  7
  8         Section 1.  Subsection (5) is added to section 472.003,
  9  Florida Statutes, to read:
10         472.003  Persons not affected by ss.
11  472.001-472.037.--Sections 472.001-472.037 do not apply to:
12         (5)(a)  Persons who are employees of any state, county,
13  municipal, or other governmental unit of this state and who
14  are the subordinates of a person in responsible charge
15  registered under this chapter, to the extent that the
16  supervision meets standards adopted by rule of the board, if
17  any.
18         (b)  Persons who are employees of any employee leasing
19  company licensed pursuant to part XI of chapter 468 and who
20  work as subordinates of a person in responsible charge
21  registered under this chapter.
22         (c)  Persons who are employees of an individual
23  registered or legal entity certified under this chapter and
24  who are the subordinates of a person in responsible charge
25  registered under this chapter, to the extent that the
26  supervision meets standards adopted by rule of the board, if
27  any.
28         Section 2.  Subsections (9), (10), (11), (12), and (13)
29  are added to section 472.005, Florida Statutes, to read:
30         472.005  Definitions.--As used in ss. 472.001-472.037:
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  1         (9)  "Employee" means a person who receives
  2  compensation from and is under the supervision and control of
  3  an employer who regularly deducts the F.I.C.A. and withholding
  4  tax and provides workers' compensation, all as prescribed by
  5  law.
  6         (10)  "Subordinate" means an employee who performs work
  7  under the direction, supervision, and responsible charge of a
  8  person who is registered under this chapter.
  9         (11)  "Monument" means an artificial or natural object
10  that is permanent or semipermanent and used or presumed to
11  occupy any real property corner, any point on a boundary line,
12  or any reference point or other point to be used for
13  horizontal or vertical control.
14         (12)  "Legal entity" means a corporation, partnership,
15  association, or person practicing under a fictitious name who
16  is certified under s. 472.021.
17         (13)  "Retired professional surveyor and mapper" means
18  a person who has been licensed as a professional surveyor and
19  mapper by the board and who chooses to relinquish or not to
20  renew his or her license and applies to and is approved by the
21  board to use the title "Professional Surveyor and Mapper,
22  Retired."
23         Section 3.  Section 472.008, Florida Statutes, is
24  amended to read:
25         472.008  Rules of the board.--
26         (1)  The board has authority to adopt rules pursuant to
27  ss. 120.536(1) and 120.54 to implement the provisions of this
28  chapter conferring duties upon it.
29         (2)  The board shall adopt rules governing the use of
30  professional titles by retired surveyors and mappers.
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  1         Section 4.  Subsections (2) and (4) of section 472.013,
  2  Florida Statutes, are amended to read:
  3         472.013  Examinations, prerequisites.--
  4         (2)  An applicant shall be entitled to take the
  5  licensure examination to practice in this state as a surveyor
  6  and mapper if the applicant is of good moral character and has
  7  satisfied one of the following requirements:
  8         (a)  The applicant is a graduate of an approved course
  9  of study in surveying and mapping from a college or university
10  recognized by the board and has a specific experience record
11  of 4 or more years as a subordinate to a professional surveyor
12  and mapper in the active practice of surveying and mapping,
13  which experience is of a nature indicating that the applicant
14  was in responsible charge of the accuracy and correctness of
15  the surveying and mapping work performed. The course of study
16  in surveying and mapping must have included not fewer than 32
17  semester hours of study, or its academic equivalent, in the
18  science of surveying and mapping or in board-approved
19  surveying-and-mapping-related courses. Work experience
20  acquired as a part of the education requirement shall not be
21  construed as experience in responsible charge.
22         (b)  The applicant is a graduate of a 4-year course of
23  study, other than in surveying and mapping, at an accredited
24  college or university and has a specific experience record of
25  6 or more years as a subordinate to a registered surveyor and
26  mapper in the active practice of surveying and mapping, 5
27  years of which shall be of a nature indicating that the
28  applicant was in responsible charge of the accuracy and
29  correctness of the surveying and mapping work performed. The
30  course of study in disciplines other than surveying and
31  mapping must have included not fewer than 32 semester hours of
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  1  study or its academic equivalent, 25 semester hours of which
  2  shall be in surveying and mapping subjects or in any
  3  combination of courses in civil engineering, surveying,
  4  mapping, mathematics, photogrammetry, forestry, or land law
  5  and the physical sciences. Work experience acquired as a part
  6  of the education requirement shall not be construed as
  7  experience in responsible charge.
  8         (c)  The applicant was enrolled, on October 1, 1988, in
  9  a 4-year course of study in surveying and mapping at a college
10  or university recognized by the board and prior to October 1,
11  1991, and both completes at least 32 semester hours, or the
12  academic equivalent, in surveying-and-mapping-related courses
13  and has a specific experience record of 6 or more years as a
14  subordinate to a surveyor and mapper, 5 years of which are in
15  the active practice of surveying and mapping of a nature
16  indicating that the applicant was in responsible charge of the
17  accuracy and correctness of surveying and mapping work
18  performed.
19         (4)  The board shall adopt rules providing for the
20  review and approval of schools and colleges, including
21  military schools and training and apprenticeship programs
22  operated by the United States Government, and the courses of
23  study in surveying and mapping in such schools and, colleges,
24  and programs. The rules shall be based on the educational
25  requirements for surveying and mapping as defined in s.
26  472.005. The board may adopt rules providing for the
27  acceptance of the approval and accreditation of schools and
28  courses of study by a nationally accepted accreditation
29  organization.
30         Section 5.  Subsection (3) of section 472.015, Florida
31  Statutes, is amended to read:
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  1         472.015  Licensure.--
  2         (3)(a)  The board shall certify as qualified for a
  3  license by endorsement an applicant who:
  4         1.(a)  Holds a valid license to practice surveying and
  5  mapping issued prior to July 1, 1999, by another state or
  6  territory of the United States; Qualifies to take the
  7  examination as set forth in s. 472.013, who has passed a
  8  national, regional, state, or territorial licensing
  9  examination that is substantially equivalent to the
10  examination required by s. 472.013;, and who has a specific
11  experience record of at least 8 years as a subordinate to a
12  registered surveyor and mapper in the active practice of
13  surveying and mapping, 6 years of which must be of a nature
14  indicating that the applicant was in responsible charge of the
15  accuracy and correctness of the surveying and mapping work
16  performed satisfied the experience requirements set forth in
17  s. 472.013; or
18         2.(b)  Holds a valid license to practice surveying and
19  mapping issued by another state or territory of the United
20  States if the criteria for issuance of the license were
21  substantially the same as the licensure criteria that existed
22  in Florida at the time the license was issued.
23         (b)  All applicants for licensure by endorsement must
24  pass the Florida law and rules portion of the examination
25  prior to licensure.
26         Section 6.  Section 472.029, Florida Statutes, is
27  amended to read:
28         472.029  Authorization Surveyors and mappers authorized
29  to enter lands of third parties; under certain conditions.--
30         (1)  IN GENERAL.--Surveyors and mappers or their
31  subordinates may go on, over, and upon the lands of others
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  1  when necessary to make surveys and maps or locate or set
  2  monuments, and, in so doing, may carry with them their agents
  3  and employees necessary for that purpose. Entry under the
  4  right hereby granted by this subsection does not constitute
  5  trespass, and surveyors and mappers and their duly authorized
  6  agents or employees so entering are not liable to arrest or to
  7  a civil action by reason of such entry; however, this
  8  subsection section does not give authority to registrants,
  9  subordinates, agents, or employees to destroy, injure, damage,
10  or move any physical improvements anything on lands of another
11  without the written permission of the landowner.
12         (2)  LIABILITY AND DUTY OF CARE ON AGRICULTURAL LAND.--
13         (a)  Any person regulated by this chapter who enters
14  agricultural land shall do so in compliance with all federal,
15  state, and local laws, rules, and regulations pertaining to
16  premises security, agricultural protections, and other health
17  and safety requirements in place on such land.
18         (b)  A landowner is not liable to any third party for
19  civil or criminal acts or damages that result from the
20  negligent or intentional conduct of any person regulated by
21  this chapter on agricultural land.
22         (c)  If written notice is not delivered to the
23  landowner or landowner's registered agent at least 3 business
24  days prior to entry on an agricultural parcel containing more
25  than 160 acres, the duty of care owed by the landowner to
26  those regulated by this chapter is that due an undiscovered
27  trespasser.
28         (d)  This subsection applies only to land classified as
29  agricultural pursuant to s. 193.461.
30         Section 7.  Section 472.031, Florida Statutes, is
31  amended to read:
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  1         472.031  Prohibitions; penalties.--
  2         (1)  No person shall:
  3         (a)  Practice or offer to practice surveying and
  4  mapping unless such person is registered pursuant to ss.
  5  472.001-472.037;
  6         (b)  Use the name or title "registered surveyor and
  7  mapper," "surveyor and mapper," "professional surveyor and
  8  mapper," "land surveyor," "surveyor," or any combination
  9  thereof when such person has not registered pursuant to ss.
10  472.001-472.037;
11         (c)  Present as his or her own the registration of
12  another;
13         (d)  Knowingly give false or forged evidence to the
14  board or a member thereof; or
15         (e)  Use or attempt to use a registration that has been
16  suspended or revoked.
17         (2)  Any person who violates any provision of this
18  section commits is guilty of a misdemeanor of the first
19  degree, punishable as provided in s. 775.082 or s. 775.083.
20         Section 8.  Section 472.033, Florida Statutes, is
21  amended to read:
22         472.033  Disciplinary proceedings.--
23         (1)  The following acts constitute grounds for which
24  the disciplinary actions in subsection (2) (3) may be taken:
25         (a)  Violation of any provision of s. 472.031 or s.
26  455.227(1);
27         (b)  Attempting to procure a license to practice
28  surveying and mapping by bribery or fraudulent
29  misrepresentations;
30         (c)  Having a license to practice surveying and mapping
31  revoked, suspended, or otherwise acted against, including the
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  1  denial of licensure, by the licensing authority of another
  2  state, territory, or country;
  3         (d)  Being convicted or found guilty of, or entering a
  4  plea of nolo contendere to, regardless of adjudication, of a
  5  crime in any jurisdiction which directly relates to the
  6  practice of surveying and mapping or the ability to practice
  7  surveying and mapping;
  8         (e)  Making or filing a report or record that the
  9  licensee knows to be false, willfully failing to file a report
10  or record required by state or federal law, willfully impeding
11  or obstructing such filing, or inducing another person to
12  impede or obstruct such filing. Such reports or records shall
13  include only those that are signed in the capacity of a
14  registered surveyor and mapper;
15         (f)  Advertising goods or services in a manner that is
16  fraudulent, false, deceptive, or misleading in form or
17  content;
18         (g)  Upon proof that the licensee is guilty of fraud or
19  deceit, or of negligence, incompetency, or misconduct, in the
20  practice of surveying and mapping;
21         (h)  Failing to perform any statutory or legal
22  obligation placed upon a licensed surveyor and mapper;
23  violating any provision of this chapter, a rule of the board
24  or department, or a lawful order of the board or department
25  previously entered in a disciplinary hearing; or failing to
26  comply with a lawfully issued subpoena of the department; or
27         (i)  Practicing on a revoked, suspended, inactive, or
28  delinquent license; or.
29         (j)  Engaging in any professional or business conflict
30  of interest as defined by the board by rule.
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  1         (2)  The board shall specify by rule the acts or
  2  omissions that constitute a violation of subsection (1).
  3         (2)(3)  When the board finds any surveyor and mapper
  4  guilty of any of the grounds set forth in subsection (1), it
  5  may enter an order imposing one or more of the following
  6  penalties:
  7         (a)  Denial of an application for licensure.
  8         (b)  Revocation or suspension of a license.
  9         (c)  Imposition of an administrative fine not to exceed
10  $1,000 for each count or separate offense.
11         (d)  Issuance of a reprimand.
12         (e)  Placement of the surveyor and mapper on probation
13  for a period of time and subject to such conditions as the
14  board may specify.
15         (f)  Restriction of the authorized scope of practice by
16  the surveyor and mapper.
17         (4)  The department shall reissue the license of a
18  disciplined surveyor and mapper upon certification by the
19  board that he or she has complied with all of the terms and
20  conditions set forth in the final order.
21         Section 9.  This act shall take effect July 1, 2002.
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