Florida Senate - 2020                                    SB 1826
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01782A-20                                          20201826__
    1                        A bill to be entitled                      
    2         An act relating to land surveyors and mappers;
    3         amending ss. 472.0101 and 472.013, F.S.; deleting
    4         certain education requirements for an applicant to
    5         take the licensure examination to practice as a
    6         surveyor or mapper or to be qualified as a surveyor or
    7         mapper intern; deleting provisions relating to
    8         rulemaking; amending s. 472.015, F.S.; revising
    9         licensure by endorsement requirements; amending s.
   10         472.018, F.S.; revising the required continuing
   11         education hours for licensed surveyors or mappers;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (1) of section 472.0101, Florida
   17  Statutes, is amended to read:
   18         472.0101 Foreign-trained professionals; special examination
   19  and license provisions.—
   20         (1) When not otherwise provided by law, the department
   21  shall by rule provide procedures under which exiled
   22  professionals may be examined under this chapter. A person is
   23  eligible for the examination if the exiled professional:
   24         (a) Immigrated to the United States after leaving the
   25  person’s home country because of political reasons, provided the
   26  country is located in the Western Hemisphere and does not have
   27  diplomatic relations with the United States.;
   28         (b) Applies to the department and submits a fee.;
   29         (c) Was a resident of this state immediately preceding the
   30  person’s application.;
   31         (d)Demonstrates to the department, through submission of
   32  documentation verified by the applicant’s respective
   33  professional association in exile, that the applicant was
   34  graduated with an appropriate professional or occupational
   35  degree from a college or university. However,
   36  
   37  The department may not require receipt of any documentation from
   38  the Republic of Cuba as a condition of eligibility under this
   39  section.;
   40         (d)(e) Lawfully practiced the profession for at least 3
   41  years.;
   42         (e)(f) Prior to 1980, successfully completed an approved
   43  course of study pursuant to chapters 74-105 and 75-177, Laws of
   44  Florida.; and
   45         (f)(g) Presents a certificate demonstrating the successful
   46  completion of a continuing education program which offers a
   47  course of study that will prepare the applicant for the
   48  examination offered under subsection (2). The department shall
   49  develop rules for the approval of such programs for the board.
   50         Section 2. Subsections (2), (3), and (4) of section
   51  472.013, Florida Statutes, are amended to read:
   52         472.013 Examinations, prerequisites.—
   53         (2) An applicant shall be entitled to take the licensure
   54  examination to practice in this state as a surveyor and mapper
   55  if the applicant is of good moral character and has satisfied
   56  one of the following requirements:
   57         (a)The applicant has received a bachelor’s degree, its
   58  equivalent, or higher in surveying and mapping or a similarly
   59  titled program, including, but not limited to, geomatics,
   60  geomatics engineering, and land surveying, from a college or
   61  university recognized by the board and has a specific experience
   62  record of 4 or more years as a subordinate to a professional
   63  surveyor and mapper in the active practice of surveying and
   64  mapping, which experience is of a nature indicating that the
   65  applicant was in responsible charge of the accuracy and
   66  correctness of the surveying and mapping work performed. Work
   67  experience acquired as a part of the education requirement may
   68  not be construed as experience in responsible charge.
   69         (b)The applicant has received a bachelor’s degree, its
   70  equivalent, or higher in a course of study, other than in
   71  surveying and mapping, at an accredited college or university
   72  and has a specific experience record of 6 or more years as a
   73  subordinate to a registered surveyor and mapper in the active
   74  practice of surveying and mapping, 5 years of which shall be of
   75  a nature indicating that the applicant was in responsible charge
   76  of the accuracy and correctness of the surveying and mapping
   77  work performed. The applicant must have completed a minimum of
   78  25 semester hours from a college or university approved by the
   79  board in surveying and mapping subjects or in any combination of
   80  courses in civil engineering, surveying, mapping, mathematics,
   81  photogrammetry, forestry, or land law and the physical sciences.
   82  Any of the required 25 semester hours of study completed not as
   83  a part of the bachelor’s degree, its equivalent, or higher may
   84  be approved at the discretion of the board. Work experience
   85  acquired as a part of the education requirement may not be
   86  construed as experience in responsible charge.
   87         (3) A person shall be entitled to take an examination for
   88  the purpose of determining whether he or she is qualified as a
   89  surveyor and mapper intern if:
   90         (a) the person is in good standing in, or is a graduate of,
   91  a bachelor degree program, its equivalent or higher, at an
   92  accredited college or university and has obtained a minimum of
   93  25 semester hours in surveying, mapping, mathematics,
   94  photogrammetry, forestry, civil engineering, or land law and the
   95  physical sciences, or any combination thereof; or
   96         (b)The person has obtained, from an accredited college or
   97  university, a minimum of 15 semester hours in surveying,
   98  mapping, mathematics, photogrammetry, forestry, civil
   99  engineering, or land law and the physical sciences, or any
  100  combination thereof, and has a specific surveying and mapping
  101  experience record of 2 or more years as a subordinate to a
  102  registered surveyor and mapper.
  103  
  104  This subsection may not be construed as a substitute for the
  105  degree requirement to take the exams for licensure as outlined
  106  in subsection (2).
  107         (4)The board shall adopt rules providing for the review
  108  and approval of schools and colleges and the courses of study in
  109  surveying and mapping in such schools and colleges. The rules
  110  shall be based on the educational requirements for surveying and
  111  mapping as defined in s. 472.005. The board may adopt rules
  112  providing for the acceptance of the approval and accreditation
  113  of schools and courses of study by a nationally accepted
  114  accreditation organization.
  115         Section 3. Subsection (5) of section 472.015, Florida
  116  Statutes, is amended to read:
  117         472.015 Licensure.—
  118         (5)(a) The board shall certify as qualified for a license
  119  by endorsement an applicant who, at the time of application:
  120         1. Holds a valid license to practice surveying and mapping
  121  issued before July 1, 1999, by another state or territory of the
  122  United States; has passed a national, regional, state, or
  123  territorial licensing examination that is substantially
  124  equivalent to the examination required by s. 472.013; and has a
  125  specific experience record of at least 8 years as a subordinate
  126  to a registered surveyor and mapper in the active practice of
  127  surveying and mapping, 6 years of which must be of a nature
  128  indicating that the applicant was in responsible charge of the
  129  accuracy and correctness of the surveying and mapping work
  130  performed; or
  131         2. Holds a valid license to practice surveying and mapping
  132  issued by another state or territory of the United States if the
  133  criteria for issuance of the license were substantially the same
  134  as the licensure criteria that existed in Florida at the time
  135  the license was issued.
  136         (b) All applicants for licensure by endorsement must pass
  137  the Florida law and rules portion of the examination prior to
  138  licensure.
  139         Section 4. Section 472.018, Florida Statutes, is amended to
  140  read:
  141         472.018 Continuing education.—The department may not renew
  142  a license until the licensee submits proof satisfactory to the
  143  board that during the 2 years before her or his application for
  144  renewal the licensee has completed at least 24 hours of
  145  continuing education. The board may provide by rule for
  146  continuing education hours carryover for each renewal cycle not
  147  to exceed 12 hours.
  148         (1) The board shall adopt rules to establish the criteria
  149  for continuing education providers. The rules may provide that
  150  up to a maximum of 25 percent of the required continuing
  151  education hours may be fulfilled by the performance of pro bono
  152  services to the indigent or to underserved populations or in
  153  areas of critical need within the state where the licensee
  154  practices. The board must require that any pro bono services be
  155  approved in advance in order to receive credit for continuing
  156  education under this section. The board shall use the standard
  157  recognized by the Federal Poverty Income Guidelines produced by
  158  the United States Department of Health and Human Services in
  159  determining indigency. The board may adopt rules that may
  160  provide that a part of the continuing education hours may be
  161  fulfilled by performing research in critical need areas or for
  162  training leading to advanced professional certification. The
  163  board may adopt rules to define underserved and critical need
  164  areas. The department shall adopt rules for the administration
  165  of continuing education requirements adopted by the board.
  166         (2) The board may provide by rule the method of delivery
  167  and criteria that may be used to satisfy continuing education
  168  requirements.
  169         (3) The board may prorate the required continuing education
  170  hours in the following circumstances:
  171         (a) For new licensees:
  172         1. By requiring half of the required continuing education
  173  hours for any applicant who becomes licensed with more than half
  174  the renewal period remaining and no continuing education for any
  175  applicant who becomes licensed with half or less than half of
  176  the renewal period remaining; or
  177         2. Requiring no continuing education hours until the first
  178  full renewal cycle of the licensee.
  179         (b) When the number of hours required is increased by law
  180  or the board.
  181         (4) Upon the request of a licensee, the provider must also
  182  furnish to the department information regarding courses
  183  completed by the licensee, in an electronic format required by
  184  rule of the department.
  185         (5) Each continuing education provider shall retain all
  186  records relating to a licensee’s completion of continuing
  187  education courses for at least 4 years after completion of a
  188  course.
  189         (6) A continuing education provider may not be approved,
  190  and the approval may not be renewed, unless the provider agrees
  191  in writing to provide such cooperation under this section as
  192  required by the department.
  193         (7) For the purpose of determining which persons or
  194  entities must meet the reporting, recordkeeping, and access
  195  provisions of this section, the board by rule shall adopt a
  196  definition of the term “continuing education provider”
  197  applicable to the profession’s continuing education
  198  requirements. The intent of the rule is to ensure that all
  199  records and information necessary to carry out the requirements
  200  of this section are maintained and transmitted accordingly and
  201  to minimize disputes as to what person or entity is responsible
  202  for maintaining and reporting such records and information.
  203         (8) The board shall approve the providers of continuing
  204  education. The approval of continuing education providers must
  205  be for a specified period of time, not to exceed 4 years. An
  206  approval that does not include such a time limitation may remain
  207  in effect under this chapter or the rules adopted under this
  208  chapter.
  209         (9) The department may fine, suspend, or revoke approval of
  210  any continuing education provider that fails to comply with its
  211  duties under this section. The fine may not exceed $500 per
  212  violation. Investigations and prosecutions of a provider’s
  213  failure to comply with its duties under this section shall be
  214  conducted pursuant to s. 472.033.
  215         (10) The board shall issue an order requiring a person or
  216  entity to cease and desist from offering any continuing
  217  education programs for licensees, and fining, suspending, or
  218  revoking any approval of the provider previously granted by the
  219  board if the board determines that the person or entity failed
  220  to provide appropriate continuing education services. The fine
  221  may not exceed $500 per violation. Investigations and
  222  prosecutions of a provider’s failure to comply with its duties
  223  under this section shall be conducted under s. 472.033.
  224         (11) The board may establish, by rule, a fee not to exceed
  225  $250 for anyone seeking approval to provide continuing education
  226  courses and may establish, by rule, a biennial fee not to exceed
  227  $250 for the renewal of providership of such courses. Such
  228  postlicensure education courses are subject to the reporting,
  229  monitoring, and compliance provisions of this section.
  230         (12) The department and the board may adopt rules under ss.
  231  120.536(1) and 120.54 to administer this section.
  232         (13) Each continuing education provider shall provide to
  233  the department, in an electronic format determined by the
  234  department, information regarding the continuing education
  235  status of licensees which the department determines is necessary
  236  to carry out its duties under this chapter. After a licensee
  237  completes a course, the information must be submitted
  238  electronically by the continuing education provider to the
  239  department within 30 calendar days after completion. However,
  240  beginning on the 30th day before the renewal deadline or before
  241  the renewal date, whichever occurs sooner, the continuing
  242  education provider shall electronically report such information
  243  to the department within 10 business days after completion.
  244         (14) The department shall establish a system to monitor
  245  licensee compliance with continuing education requirements and
  246  to determine the continuing education status of each licensee.
  247  As used in this subsection, the term “monitor” means the act of
  248  determining, for each licensee, whether the licensee is in full
  249  compliance with applicable continuing education requirements as
  250  of the date of the licensee’s application for license renewal.
  251         (15) The department may refuse to renew a license until the
  252  licensee has satisfied all applicable continuing education
  253  requirements. This subsection does not preclude the department
  254  or board from imposing additional penalties pursuant to this
  255  chapter or rules adopted pursuant this chapter.
  256         Section 5. This act shall take effect July 1, 2020.