Florida Senate - 2018                                    SB 1868
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-01586A-18                                           20181868__
    1                        A bill to be entitled                      
    2         An act relating to professional geology; amending s.
    3         492.102, F.S.; revising and providing definitions;
    4         amending s. 492.103, F.S.; revising membership of the
    5         Board of Professional Geologists; amending s. 492.104,
    6         F.S.; revising rulemaking authority of the board;
    7         deleting an examination fee limitation and a provision
    8         specifying apportionment of such fee; deleting a
    9         provision providing that the examination fee is
   10         refundable under certain circumstances; amending s.
   11         492.105, F.S.; deleting a provision providing that the
   12         examination fee is refundable under certain
   13         circumstances; amending s. 492.1051, F.S.; revising
   14         geologist-in-training registration requirements;
   15         amending s. 492.107, F.S.; revising the types of
   16         documents that require the signature, date, and seal
   17         of a professional geologist; providing that all
   18         preliminary documents must include certain text in
   19         lieu of a seal; amending s. 492.108, F.S.; revising
   20         applicant requirements for licensure by endorsement;
   21         amending s. 492.109, F.S.; providing requirements for
   22         licensure renewal; amending s. 492.111, F.S.;
   23         conforming provisions to changes made by the act;
   24         amending s. 492.112, F.S.; providing construction;
   25         amending s. 492.116, F.S.; specifying that persons
   26         engaged in geological research or employed as
   27         geologists maintain their exemptions from licensure if
   28         they do not submit certain documents for public
   29         record; exempting certain persons practicing geology
   30         from licensure requirements under certain
   31         circumstances; providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 492.102, Florida Statutes, is amended to
   36  read:
   37         492.102 Definitions.—For the purposes of this chapter,
   38  unless the context clearly requires otherwise:
   39         (1) “Board” means the Board of Professional Geologists.
   40         (2) “Department” means the Department of Business and
   41  Professional Regulation.
   42         (4)“Geologist-in-training” means an individual who has the
   43  required academic qualifications established by the board,
   44  passed an examination approved by the board by demonstrating a
   45  knowledge of the fundamentals of geology, and is enrolled as a
   46  geologist-in-training by the board.
   47         (5)(3) “Geology” means the science that which includes the
   48  study treatment of the earth and its origin and history. The
   49  term includes, in general; the investigation, research, and
   50  interpretation of the earth’s constituent rocks, minerals,
   51  hydrocarbons, crust and interior and the solids, and fluids,
   52  including all surface and underground waters, and gases, and
   53  other materials, and which compose the earth; the study of the
   54  natural agents, forces, and processes which cause changes in
   55  both the subsurface and surface of the earth, including any
   56  anthropogenic features or activities that may affect, or be
   57  affected by, these agents, forces, physical and chemical
   58  characteristics; and the utilization of this knowledge of the
   59  earth and its solids, fluids, and gases, and their collective
   60  properties and processes, for the benefit of humankind.
   61         (3)(4) “Geologist” means an individual who, by reason of
   62  her or his knowledge of geology, soils, mathematics, and the
   63  physical and life sciences, acquired by education and practical
   64  experience, is capable of practicing the science of geology.
   65         (8)(5) “Qualified geologist” means an individual who
   66  possesses all the qualifications for licensure under the
   67  provisions of this chapter, except that such person is not
   68  licensed.
   69         (7)(6) “Professional geologist” means an individual who
   70  holds a valid license issued by the board; holds a bachelor’s
   71  degree or higher in geology or one of its specialties from an
   72  accredited postsecondary institution or from a program
   73  accredited by an organization recognized by the board as meeting
   74  the standards of the board; has passed the competency
   75  examinations; and has practical experience as specified in this
   76  chapter who is licensed as a geologist under the provisions of
   77  this chapter.
   78         (6)(7) “Practice of professional geology” means any work
   79  activity or service, including the supervision and performance
   80  thereof, requiring formal geologic education, training,
   81  experience, and understanding, and the application of
   82  mathematical, physical, chemical, biological, earth, and
   83  geological sciences as may be related to those services. These
   84  services include, but are not limited to:
   85         (a)Consultation, investigation, evaluation,
   86  interpretation, remediation, planning, geologic mapping, expert
   87  technical testimony, protecting ground and surface waters, and
   88  evaluating groundwater resources.
   89         (b)Prevention and remediation of contamination of the
   90  earth, earth materials, and water caused by improper disposal or
   91  accidental spills.
   92         (c)Determination of the suitability and risks in
   93  containment and disposal of wastes and hazardous materials,
   94  including, but not limited to, landfills, storage tanks, and
   95  injection wells.
   96         (d)The evaluation of mining and petroleum properties.
   97         (e)The professional supervision of exploration for and
   98  development of mineral and natural resources, including metallic
   99  and nonmetallic minerals, petroleum, and groundwater and surface
  100  water resources.
  101         (f)The geologic phases of any engineering investigation or
  102  survey.
  103         (g)Determination of the depth of wells to be drilled,
  104  depth-of-casing and grouting requirements for the construction
  105  of monitoring wells, siting of boreholes, or other borings into
  106  the earth which may affect one or more aquifers.
  107         (h)The geologic suitability for construction projects,
  108  including excavations and building foundations, dams, highways,
  109  and other structures which may be affected by floods,
  110  landslides, earthquakes, sinkholes, erosion, expansive
  111  contractive earth and earth materials, or other geoscientific
  112  phenomena or processes.
  113         (i)Any geologic or geoscientific surveying and mapping,
  114  including making measurements and gathering data related to the
  115  physical features of the earth, such as subsurface data and the
  116  formulation and depiction of such information into geologic or
  117  geoscientific graphics, data, maps, plans, reports, and
  118  descriptions, including preparing, creating, or modifying
  119  computerized electronic products using geographic information
  120  systems or global positioning systems and information derived
  121  therefrom, or other information and data related to the
  122  activities in this subsection.
  123         (j)Any geotechnical work activities, including the
  124  practice of various aspects of related professions incidental to
  125  the practice of geology.
  126         (k)The inspection or responsible supervision of any
  127  geotechnical work activities, including any other geologic or
  128  related work that includes or embraces any services, activities,
  129  or work, public or private, which may be adversely or otherwise
  130  affected or influenced by geological processes, including, but
  131  not limited to, utilities, construction projects, communication
  132  or transportation systems, or any other anthropogenic features
  133  or impacts, insofar as it involves protecting and safeguarding
  134  the public’s health, safety, and welfare and the environment,
  135  and including such other professional services as may be
  136  necessary in the planning, progression, and completion of any
  137  such geologic services.
  138         (l)All other geologic services, including, but not limited
  139  to, the commonly recognized geologic practices of archeogeology,
  140  coastal geology, construction geology, economic geology,
  141  engineering geology, environmental geology, forensic geology,
  142  geochronology, geomorphology, historical geology, hydrogeology,
  143  geochemistry, geophysics, marine geology, medical geology,
  144  mineralogy, mining geology, paleomagnetism, vertebrate and
  145  invertebrate paleontology, paleoclimatology, petroleum geology,
  146  petrography, petrology, physical geology, physiography,
  147  planetary geology, sedimentology, stratigraphic geology,
  148  structural geology, urban geology, vulcanology, and the use of
  149  the rock, mineral, fossil fuel, and water resources, while
  150  protecting the public and the environment.
  151         (m)The preparation of geologic reports, documents, or
  152  exhibits by the employees or staff of any commission, board,
  153  department, district, or division of the state or any political
  154  subdivision thereof, when the reports, documents, or exhibits
  155  are disseminated or made available to or impact the public.
  156  However, geologic reports, documents, or exhibits that are
  157  prepared for use solely within such organizations are considered
  158  in-house reports, documents, or exhibits and are not considered
  159  the practice of professional geology unless the reports are
  160  disseminated, made available to the public, or impact the
  161  public.
  162         (n)The preparation of geologic reports, documents, or
  163  exhibits by any person, firm, partnership, corporation, or other
  164  association or by the employees or staff members thereof,
  165  whether or not the principal business of the organization is the
  166  practice of professional geology, in which the geologic reports,
  167  documents, or exhibits are disseminated or made available to the
  168  public or any person or organization in such a manner that such
  169  individuals may reasonably be expected to rely on or be affected
  170  by the geologic reports, documents, or exhibits. However, any
  171  geologic reports, documents, or exhibits that are prepared for
  172  use solely within such organizations are considered in-house
  173  reports, documents, or exhibits and are not considered the
  174  practice of professional geology unless the reports are
  175  disseminated, made available to the public, or impact the
  176  public. the performance of, or offer to perform, geological
  177  services, including, but not limited to, consultation,
  178  investigation, evaluation, planning, and geologic mapping, but
  179  not including mapping as prescribed in chapter 472, relating to
  180  geological work, except as specifically exempted by this
  181  chapter. Any person who practices any specialty branch of the
  182  profession of geology, or who by verbal claim, sign,
  183  advertisement, letterhead, card, or any other means represents
  184  herself or himself to be a professional geologist, or who
  185  through the use of some title implies that she or he is a
  186  professional geologist or that she or he is licensed under this
  187  chapter, or who holds herself or himself out as able to perform
  188  or does perform any geological services or work recognized as
  189  professional geology, shall be construed to be engaged in the
  190  practice of professional geology.
  191         Section 2. Section 492.103, Florida Statutes, is amended to
  192  read:
  193         492.103 Board of Professional Geologists.—
  194         (1) There is created in the department of Business and
  195  Professional Regulation the Board of Professional Geologists.
  196  The board shall consist of seven members, five of whom shall be
  197  professional geologists, and two of whom shall be laypersons who
  198  are not and have never been geologists or members of any closely
  199  related profession or occupation. The State Geologist, as
  200  provided for in s. 377.075(3), chief of the Bureau of Geology in
  201  the Department of Environmental Protection, or his or her
  202  designee, shall serve as an ex officio member of the board.
  203  Members shall be appointed for 4-year terms.
  204         (2) All provisions of chapter 455 relating to activities of
  205  the board shall apply.
  206         Section 3. Section 492.104, Florida Statutes, is amended to
  207  read:
  208         492.104 Rulemaking authority; fees.—The Board of
  209  Professional Geologists has authority to adopt rules pursuant to
  210  ss. 120.536(1) and 120.54 to implement this chapter. Every
  211  licensee shall be governed and controlled by this chapter and
  212  the rules adopted by the board. The board is authorized to set,
  213  by rule, fees for application, examination, certificate of
  214  authorization, late renewal, initial licensure, and license
  215  renewal, and continuing education requirements consistent with
  216  this section. These fees should cover all board expenses to
  217  administer this section but may not exceed the cost of
  218  implementing the application, examination, initial licensure,
  219  and license renewal or other administrative process. The fees
  220  and shall be established as follows:
  221         (1) The application fee may shall not exceed $150 and is
  222  shall be nonrefundable.
  223         (2) The examination fee must shall be paid by the applicant
  224  not exceed $250, and the fee may be apportioned to each part of
  225  a multipart examination. The examination fee shall be refundable
  226  in whole or part if the applicant is found to be ineligible to
  227  take any portion of the licensure examination.
  228         (3) The initial license fee may not shall not exceed $100.
  229         (4) The biennial renewal fee may not shall not exceed $150.
  230         (5) The fee for a certificate of authorization may not
  231  shall not exceed $350 and the fee for renewal of the certificate
  232  may not shall not exceed $350.
  233         (6) The fee for reactivation of an inactive license may not
  234  shall not exceed $50.
  235         (7) The fee for a provisional license may not shall not
  236  exceed $400.
  237         (8) The fee for application, examination, and licensure for
  238  a license by endorsement must shall be as provided in this
  239  section for licenses in general.
  240         Section 4. Paragraph (a) of subsection (1) of section
  241  492.105, Florida Statutes, is amended to read:
  242         492.105 Licensure by examination; requirements; fees.—
  243         (1) Any person desiring to be licensed as a professional
  244  geologist shall apply to the department to take the licensure
  245  examination. The written licensure examination shall be designed
  246  to test an applicant’s qualifications to practice professional
  247  geology, and shall include such subjects as will tend to
  248  ascertain the applicant’s knowledge of the fundamentals, theory,
  249  and practice of professional geology and may include such
  250  subjects as are taught in curricula of accredited colleges and
  251  universities. The written licensure examination may be a
  252  multipart examination. The department shall examine each
  253  applicant who the board certifies:
  254         (a) Has completed the application form and remitted a
  255  nonrefundable application fee and an examination fee which is
  256  refundable if the applicant is found to be ineligible to take
  257  the examination.
  258         Section 5. Section 492.1051, Florida Statutes, is amended
  259  to read:
  260         492.1051 Registered geologist-in-training; requirements.—
  261         (1) A person desiring to register as a geologist-in
  262  training must shall apply to the department to take the
  263  fundamentals a discrete portion of the examination required for
  264  registration as a geologist-in-training licensure as a
  265  professional geologist in this state. This discrete portion
  266  shall cover the fundamentals of geology. The department shall
  267  examine each applicant who the board certifies:
  268         (a) Has completed the application form and remitted a
  269  nonrefundable application fee and an examination fee that is
  270  refundable if the applicant is found to be ineligible to take
  271  the examination.
  272         (b) Has not committed an act or offense in any jurisdiction
  273  which constitutes grounds for disciplining a professional
  274  geologist licensed under this chapter; and
  275         (c) Has successfully completed at least 30 semester hours
  276  or 45 quarter hours of geological coursework at a college or
  277  university, the geological curricula of which meet the criteria
  278  established by an accrediting agency recognized by the United
  279  States Department of Education and, if still enrolled, has
  280  provided a letter of good academic standing from the college or
  281  university.
  282         (2) The department shall register as a geologist-in
  283  training each applicant who the board certifies has passed the
  284  fundamentals of geology portion of the licensure examination.
  285         (3) A registered geologist-in-training desiring to be
  286  licensed as a professional geologist must shall apply to the
  287  department to take the licensure examination as prescribed in s.
  288  492.105(1), but is not required to retake the fundamentals of
  289  geology portion of the licensure examination. A registered
  290  geologist-in-training may only apply after he or she meets the
  291  requirements for work experience under s. 492.105(1)(e).
  292         Section 6. Subsection (1) of section 492.107, Florida
  293  Statutes, is amended, and subsection (3) is added to that
  294  section, to read:
  295         492.107 Seals.—
  296         (1) The board shall prescribe, by rule, a form of seal,
  297  including its electronic form, to be used by persons holding
  298  valid licenses. All final versions of geological papers,
  299  reports, and documents, or geologic portions of a final paper,
  300  report, or document, prepared or issued by the licensee must
  301  shall be signed, dated, and sealed by the licensee who performed
  302  or is responsible for the supervision, direction, or control of
  303  the work contained in the papers, reports, or documents before
  304  such work is released from the control of the licensee.
  305  Specifically, the licensee shall sign, seal, and date the
  306  original title sheet of bound geologic reports, specifications,
  307  details, calculations, estimates, drawings, diagrams, or maps
  308  and each original sheet of plans or drawings regardless of size
  309  or binding if the plans or drawings are intended to be removed
  310  from the report. Such signature, date, and seal are shall be
  311  evidence of the authenticity of that to which they are affixed.
  312  Geological papers, reports, and documents prepared or issued by
  313  the licensee may be transmitted electronically provided they
  314  have been signed by the licensee, dated, and electronically
  315  sealed. It is unlawful for any person to sign or seal any
  316  document as a professional geologist unless such that person
  317  holds a current, active license as a professional geologist
  318  which has not expired or been revoked or suspended, unless
  319  reinstated or reissued.
  320         (3)In lieu of a seal, all preliminary documents that have
  321  been released from the control of the licensee must specify its
  322  purpose, the name of the licensed professional geologist of
  323  record and such geologist’s license number, and the release date
  324  by the professional geologist placing the following text on such
  325  documents:
  326  
  327  “This document is released for the purpose of ...(list
  328  purpose)... under the authority of ...(name of licensed
  329  professional geologist)... with license number ...(license
  330  number)... on ...(date).... It may not be used for any other
  331  purposes.”
  332         Section 7. Paragraph (d) of subsection (1) of section
  333  492.108, Florida Statutes, is amended to read:
  334         492.108 Licensure by endorsement; requirements; fees.—
  335         (1) The department shall issue a license by endorsement to
  336  any applicant who, upon applying to the department and remitting
  337  an application fee, has been certified by the board that he or
  338  she:
  339         (d)Has taken and successfully passed the laws and rules
  340  portion of the examination required for licensure as a
  341  professional geologist in this state.
  342         Section 8. Section 492.109, Florida Statutes, is amended to
  343  read:
  344         492.109 Renewal of license; fees.—
  345         (1) The department shall renew a license upon receipt of
  346  the renewal application and fee.
  347         (2) The department shall adopt rules establishing a
  348  procedure for the biennial renewal of licenses.
  349         (3) The licensee must have on file with the department the
  350  address of her or his primary place of practice within this
  351  state prior to engaging in that practice. Prior to changing the
  352  address of her or his primary place of practice, whether or not
  353  within this state, the licensee must notify the department of
  354  the address of the new primary place of practice.
  355         (4)The licensee must provide the department a statement
  356  certifying that the licensee completed the hours of approved
  357  continuing education required during the last biennium.
  358         (5)The board must approve all continuing education
  359  requirements and providers before implementation of such
  360  requirements or selection of such providers is effective.
  361         Section 9. Subsection (3) of section 492.111, Florida
  362  Statutes, is amended to read:
  363         492.111 Practice of professional geology by a firm,
  364  corporation, or partnership; certificate of authorization.—The
  365  practice of, or offer to practice, professional geology by
  366  individual professional geologists licensed under the provisions
  367  of this chapter through a firm, corporation, or partnership
  368  offering geological services to the public through individually
  369  licensed professional geologists as agents, employees, officers,
  370  or partners thereof is permitted subject to the provisions of
  371  this chapter, provided that:
  372         (3) All final geological papers or documents involving the
  373  practice of professional the profession of geology which have
  374  been prepared or approved for the use of such firm, corporation,
  375  or partnership, for delivery to any person for public record
  376  with the state, shall be dated and bear the signature and seal
  377  of the professional geologist or professional geologists who
  378  prepared or approved them.
  379         Section 10. Paragraph (a) of subsection (1) of section
  380  492.112, Florida Statutes, is amended to read:
  381         492.112 Prohibitions; penalties.—
  382         (1) A person may not knowingly:
  383         (a) Practice professional geology unless the person is
  384  licensed under this chapter. Any individual who by sign, card,
  385  letterhead, advertisement, website, verbal claim, or in any
  386  other way holds himself or herself out to be a licensed
  387  professional geologist, or that he or she is registered or
  388  otherwise licensed under this chapter, is construed to be
  389  engaged in the practice of professional geology.
  390         Section 11. Section 492.116, Florida Statutes, is amended
  391  to read:
  392         492.116 Exemptions.—The following persons are specifically
  393  exempted from this chapter, provided, however, that all final
  394  geological papers or documents which have been prepared by a
  395  person exempt under subsection (1), subsection (2), subsection
  396  (3), or subsection (4) for delivery to any person for public
  397  record with the state shall be dated and bear the signature and
  398  seal of the professional geologist or professional geologists
  399  who prepared or approved them:
  400         (1) Persons engaged solely in teaching the science of
  401  geology.
  402         (2) Persons engaged in geological research that which does
  403  not affect the health, safety, or well-being of the public and
  404  who do not submit documents for public record.
  405         (3) Officers and employees of the United States Government,
  406  the State of Florida, water management districts, or other local
  407  or regional governmental entities practicing under the
  408  responsible charge of a professional geologist as defined in s.
  409  492.102 solely as such officers or employees.
  410         (4) Regular full-time employees of a corporation not
  411  engaged in the practice of professional geology as such, who are
  412  directly supervised by a person licensed as a professional
  413  geologist under this chapter.
  414         (5) A person employed on a full-time basis as a geologist
  415  by an employer engaged in the business of developing, mining, or
  416  treating ores, other minerals, and petroleum resources if that
  417  person engages in geological practice exclusively for and as an
  418  employee of such employer and does not hold herself or himself
  419  out and is not held out as available to perform any geological
  420  services for persons other than her or his employer and who does
  421  not submit documents for public record.
  422         (6)A person, during the course of providing geologic
  423  guidance or work activities, practicing, offering to practice,
  424  or attempting to practice geology may coordinate and review the
  425  submissions prepared by others, without limitation, provided
  426  that such submissions are within, or are incidental to, the
  427  practice of professional geology and the person is familiar with
  428  the details and progress of these activities.
  429         Section 12. This act shall take effect July 1, 2018.