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.;