The proposed rules establish administrative rules for the Board of Professional Surveyors and Mappers relating to the regulation of licensed professionals. The purpose of the proposed rules includes, in part, new rules similar to the previous ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services

Rule No.: RULE TITLE
5J-17.016: Time for Compliance With Final Order; Probation
5J-17.029: Application Deadlines
5J-17.030: Certification of Eligibility for Examination and Notification to Applicants
5J-17.0321: Examination Administration
5J-17.0322: Licensure Examination Format and Procedures for Candidates with Disabilities
5J-17.034: Grading
5J-17.035: Use of Pilot Test Items in Examinations
5J-17.036: Grades Review Procedure
5J-17.038: Guidelines for Sharing Department-Developed Examinations With Other States’ Licensing Authorities
5J-17.0381: Translations
5J-17.039: Licensure, Inactive Status, Delinquent Status, Reactivation
5J-17.041: Continuing Education Credit for Biennial Renewal
5J-17.044: Obligations of Continuing Education Providers
5J-17.047: Approval of Classes
5J-17.080: Citations
5J-17.082: Mediation
5J-17.085: Survey Review
5J-17.102: Financial Integrity of the Board
5J-17.200: Definitions
5J-17.203: Examinations for Licensure of Foreign-Trained Exiled Professionals
5J-17.204: Graduation Documentation, Verification by Professional Association in Exile
5J-17.206: Three Years Lawful Practice for Foreign Trained Exiled Professionals
5J-17.208: Pre-examination Continuing Education Program for Foreign Trained Exiled Professionals
5J-17.210: Fees for Foreign Trained Exiled Professionals
5J-17.400: Special Assessment Fee
PURPOSE AND EFFECT: The proposed rules establish administrative rules for the Board of Professional Surveyors and Mappers relating to the regulation of licensed professionals. The purpose of the proposed rules includes, in part, new rules similar to the previous Departmental Rules covering the Board, when the Board was located within the Department of Business and Professional Regulation. Due to a Type Two transfer to the Department of Agriculture and Consumer Services, the Board must adopt certain rules to maintain continuity in Board operations. In addition, the Board has proposed a rule requiring a one-time payment by certain licensees of a special assessment fee to maintain the financial integrity of the Board. If adopted, licensees will be required to pay $100.00 to offset budgetary deficits associated with the Type Two transfer.
SUMMARY: If adopted, the proposed language in Rule 5J-17.016, F.A.C., will clarify the language of the existing rule regarding disciplinary fines and probation. If adopted, the proposed language in Rules 5J-17.029 and 5J-17.030, F.A.C., will set procedural rules and deadlines for the submission of applications. If adopted, the proposed rules in Rules 5J-17.0321 through 5J-17.0381, F.A.C., as referenced above, will address the administration of exams. If adopted, the proposed language in Rule 5J-17.039, F.A.C., will further define licensure status and the biennial renewal of a license. If adopted, the proposed language in Rules 5J-17.041 through 5J-17.047, F.A.C., as referenced above, will change existing rules regarding continuing education, including instructor credit, course length, course submission, and the requirement that instructors be approved by the Board. If adopted, the proposed language in Rules 5J-17.080 through 5J-17.085, F.A.C., as referenced above, would change existing rules regarding citations, mediation, and probation, establish procedures for the issuing of citations, establish citation fine amounts for unlicensed persons, establish procedures for the mediation of discipline cases, repeal certain offenses from eligibility for mediation, and clarify when probationers must submit surveys for review by the Board. If adopted, the proposed language in Rule 5J-17.102, F.A.C., will define certain terms regarding the financial integrity of the Board, creates procedures for the Department to follow when reporting to the Board that the Board no longer has a reasonable cash balance on hand, establishes procedures for the Board to follow if requesting a loan from the Department, and prohibiting loans that extend beyond two years by the Department to the Board. If adopted, the proposed language in Rules 5J-17.200 through 5J-17.210, F.A.C., as referenced above, will establish licensure and examination procedures for certain foreign exiled professionals. If adopted, the proposed language in Rule 5J-17.400, F.A.C., will require certain licensees to pay a one-time fee to contribute in part to the financial integrity of the Board.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that with the exception of one rule, these rules will have no impact on small business. Regarding Rule 5J-17.400, F.A.C., the agency has determined that this rule will have an impact on small business. A SERC has been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 472.006, 472.006(5), 472.008, 472.0101, 472.011, 472.011(12), 472.013, 472.0131, 472.0131(3), 472.018, 472.034 FS.
LAW IMPLEMENTED: 120.60, 472.0101, 472.011, 472.011(12), 472.013, 472.0131, 472.0131(3), 472.015, 472.018, 472.0202, 472.033(2), 472.034, 472.0351, 472.0351(2), 472.036 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: December 17, 2010, 2:00 p.m.
PLACE: 2005 Apalachee Parkway, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Bennett M. Miller at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bennett M. Miller, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500

THE FULL TEXT OF THE PROPOSED RULE IS:

5J-17.016 Time for Compliance With Final Order; Probation.

(1) In cases where the Board imposes an administrative fine a civil penalty for a violation of Chapter 472, F.S., or of the rules promulgated thereunder, the penalty shall be paid within ninety (90) 30 days of its imposition by order of the Board, unless a later time for payment is specified in the Board’s Order.

(2) Failure to pay the an administrative fine civil penalty within the time specified in this rule or in the Board’s Order shall constitute grounds for further disciplinary action against the licensee.

(3) For purposes of this rule, the term “administrative fine” shall include the assessment of any fines, costs associated with investigation and prosecution of the complaint, including attorney’s fees, if applicable, and restitution.

(4) In cases where the Board imposes probation and/or suspension for violation of Chapter 472, F.S., or of the rules promulgated thereunder, the following conditions shall apply:

(a) The licensee shall be required to appear before the Probation Committee of the Board at such times as directed by the Executive Director, or as specified in the Final Order.

(b) If the conditions of probation include the submission of surveys, in In connection with each probation appearance, the licensee shall answer questions under oath and shall provide a list of all surveys performed including type of survey, since the entry of the Final Order if it is the first probation appearance or since the last probation appearance if it is other than the first probation appearance. In addition, the licensee shall provide such other information or documentation as is requested by either the Department, the Board or the Probation Committee. The licensee shall forward said documentation to the Board in advance of the probation appearance.

(c)(b) The burden shall be solely upon the licensee to remember the requirement for said appearance, and to take the necessary steps in advance of said appearance to contact the Board office and ascertain the specific time, date, and place of said appearance. The licensee shall not rely on getting notice of said appearance from the Board or the Department.

(d)(c) Should the licensee violate any condition of probation, it shall be considered a violation of Section 472.0351(1)(h), F.S., and shall result in further disciplinary action by the Board.

(e)(d) Should the licensee’s license to practice surveying and mapping be suspended or otherwise placed on inactive status, or if the licensee leaves the practice of surveying and mapping for thirty (30) days or more, the probation period shall be tolled and shall resume running at the time the licensee reactivates the license or returns to the active practice of surveying and mapping, and the licensee shall then serve the time remaining in the term of probation.

(f)(e) If a licensee’s license is suspended by the Board, and the suspension is stayed pending successful completion of the terms of the Final Order, then if the licensee successfully completes probation, then the suspension shall terminate. However, if the licensee fails to comply with the requirements set forth in this rule or in the Final Order, then the stay shall be lifted. Once the stay is lifted, the licensee’s license shall remain in suspended status until the licensee appears before the Board to demonstrate compliance with the Final Order.

Rulemaking Specific Authority 472.008 FS. Law Implemented 472.0351(2) FS. History–New 2-23-05, Formerly 61G17-2.006, Amended________.

 

5J-17.029 Application Deadlines.

(1)(a) Applicants applying for a professional surveyors and mappers examination shall submit their applications no less than 90 days prior to a scheduled examination or no less than 45 days prior to a scheduled meeting of the Board, which ever date occurs later. It is the affirmative obligation of the applicant to submit an application deemed complete by the Board prior to the aforementioned deadlines.

(b) Applications deemed complete by the Board will be reviewed by the board or its designee, to determine eligibility at a date and time scheduled by the Board.

(c) Applicants applying for the Surveyor-in-Training (SIT) examination shall submit their completed application no less than 90 days prior to scheduled examination or no less than 35 days prior to a scheduled meeting.

(d) Applicants for reexamination shall submit their completed applications no less than 21 days prior to the scheduled examination deadline set by the Department or its designee.

(2)(a) An applicant will be rescheduled by the Department or their designee for the next available examination if the applicant is unable to sit for the originally scheduled examination by reason of military service and submits to the Board a copy of the applicant’s military orders or a letter from the applicant’s commanding officer.

(b) An applicant’s examination will be rescheduled by the Department or their designee if the applicant demonstrates that there was a death in the immediate family, serious injury, illness, or other physical impairment prevented the candidate from taking the examination. Any such request to reschedule an examination shall include a copy of a death notice or death certificate or a statement from the applicant’s treating physician which attests that such injury, illness or physical impairment prevented the applicant from taking the examination.

(c) Any requests for rescheduling of an examination shall be submitted to the Department, in writing no later than 21 days following the last day of the applicable examination.

Rulemaking Authority 472.008 FS. Law Implemented 472.0131 FS. History–New________.

 

5J-17.030 Certification of Eligibility for Examination and Notification to Applicants.

(1) The Department, or its designee, will review all applications for licensure by examination to determine completeness of the application.

(2) The Department shall make a determination whether an application is complete within thirty (30) days after receipt. The Board shall determine whether the applicant is qualified to take the licensure examination at the next available meeting of the Board. Applicants may attend the Board meeting when their application is considered, briefly address the Board, and submit evidence on their behalf. This eligibility determination shall be made within the time requirements of Section 120.60(1), Florida Statutes.

(3) If the Department or board determines that the applicant is not qualified to take the examination the applicant may petition for a hearing before an administrative law judge under Sections 120.569 and 120.57, Florida Statutes.

(4) After a decision is made by the Board that an applicant meets the lawful requirements for the licensure examination, the Department will submit the name of the applicant to the testing vendor for the next examination for which space is available.

(5) If all certified candidates cannot be scheduled for the next examination due to space, time, or other limitations beyond the control of the Department, the candidates will be scheduled chronologically according to the date each applicant submitted their application.

(6) The Department or vendor, if applicable, will notify applicants of the time, place, and date of the examination and provide the applicant with an official admission card or confirmation number, which will be required for admission to the examination. The Department or vendor shall inform the candidate of the length of the examination, subject content of the examination, and any special equipment or materials needed for the examination.

Rulemaking Authority 472.008 FS. Law Implemented 120.60, 472.015 FS. History–New________.

 

5J-17.0321 Examination Administration.

(1) During the examination, the candidates will follow the instructions of the examination supervisor. The candidates will be permitted to ask reasonable questions of the Department’s or testing vendor’s examination supervisor and proctors relating to the instructions.

(2) The valid admission slip for the specified examination and a government-issued, signature bearing, photo I.D. such as driver’s license, must be presented in order to gain admission to the examination. The first and last name on an examinee’s I.D. and examination admission slip must match. Student I.D.s are not acceptable identification.

(3) If the candidate arrives at the designated testing location after the designated starting time for an examination administered by the Department, the candidate will be permitted to take the examination only after the candidate has signed a statement clearly indicating the candidate’s late arrival time, and agreeing that the candidate will have only the remaining designated time in the examination to complete the examination. Any candidate who refuses to sign such a statement will be disqualified from the examination and may apply to the Department for scheduling for the next available examination. If, when the late candidate arrives, any other candidate has already finished the examination and left the examination room, the late candidate will not be permitted to sit for the examination and must apply to the Department for scheduling for the next available examination. For examinations administered by a vendor and national examinations, late candidates shall comply with the vendor’s or the national examination organization’s policies and procedures.

(4) All Department administered examinations will be administered in accordance with the applicable Department standard. Administration requirements set forth by any national board and council will be complied with in the administration of the specific examination.

(5) All examination items, answer sheets, other examination papers, computer files, and materials are the sole property of the Department of Agriculture and Consumer Services or the national provider. No candidate shall take any of the examination questions, answer sheets, other examination papers, computer files, and materials from the examination room or retain, reproduce, or compromise the materials in whole or in part by any means or method whatsoever.

(6) For vendor administered examinations, candidates are permitted to test out of state, subject to fees charged by the vendor to the candidates for this service.

(7) The examination supervisor, proctors, and testing vendor are the Department’s designated agents in maintaining a secure and proper examination administration.

(8) The department and its designated agents may use any technology to protect the integrity and security of any license examination.

(9) Any individual found by the Department or the Board to have engaged in conduct which subverts or attempts to subvert the examination process shall have his or her scores on the examination withheld and/or declared invalid, be disqualified from the practice of the profession, and/or be subject to the imposition of other appropriate sanctions by the Board.

(10) Conduct which subverts or attempts to subvert the examination process includes, but is not limited to:

(a) Conduct which violates the security of the examination materials, such as removing from the examination room any of the examination materials; reproducing or reconstructing any portion of the licensing examination; aiding by any means in the reproduction or reconstruction of any portion of the licensing examination; selling, distributing, buying, receiving or having unauthorized possession of any portion of a future or current licensing examination.

(b) Conduct which violates the standard of test administration, such as communicating with any other examinee during the administration of the examination; copying answers from another examinee or permitting one’s answers to be copied by another examinee during the administration of the examination; having in one’s possession during the administration of the licensing examination any book, notes, written or printed materials or data of any kind, other than the examination materials distributed or specifically listed as approved materials for the examination room in the information provided to the examinee in advance of the examination date by the Department and/or the national supplier of the examination.

(c) Conduct which violates the credentialing process, such as falsifying or misrepresenting educational credentials or other information required for admission to the examination; impersonating an examinee or having an impersonator take the licensing examination on one’s own behalf.

(11) Any violation of the conduct rules or other irregularities will be documented in writing by the Department’s agent(s) and the documentation of the violation or irregularity will be presented to the Board for consideration and action. The Department’s agent(s) shall exercise extreme care in their documentation to ensure that the violation or irregularities are precisely recorded as they were witnessed.

(12) The department or its designated agents shall take steps reasonably necessary to prevent or investigate any conduct which subverts or attempts to subvert the examination process.

Rulemaking Authority 472.0131 FS. Law Implemented 472.0131 FS. History–New________.

 

5J-17.0322 Licensure Examination Format and Procedures for Candidates with Disabilities.

(1) The Department of Agriculture and Consumer Services will provide reasonable and appropriate accommodations to candidates with physical, mental, or specific learning disabilities to the extent permitted by cost, administration restraints, security considerations, and availability of resources. Accommodations made will vary depending upon the nature and the severity of the impairment. Each case will be dealt with on an individual basis within the limits prescribed herein. In the instances where an exam is developed or administered by a vendor, approval must be obtained from the vendor.

(2) A candidate requesting special accommodation must file the request in addition to his or her completed application for licensure examination by the final application deadline of the assigned examination. The candidate must provide documentation of his or her disability completed by an appropriate professional. The candidate’s documentation shall include:

(a) The diagnosis and length of time with the condition;

(b) The name and the results of the test(s) used for diagnosis; and

(c) Recommended accommodations and testing environment.

(3) Reasonable and appropriate accommodations will be made for qualifying candidates. All accommodations must be directly linked to the amelioration of the identified functional limitations caused by the asserted disability and must be reasonable and effective. Permissible accommodations include:

(a) Flexible Time. Candidates requiring extra time for the examination must submit a recommendation of such from an appropriate professional. The Department recognizes that reading Braille or using a live reader takes longer than reading regular print. Untimed examinations will not be provided.

(b) Flexible Setting. Individual and small group setting examination administrations shall be available to candidates when such a service is recommended by an appropriate professional.

(c) Flexible Recording of Responses. The candidate’s responses can be recorded by a proctor, a tape recorder, a typewriter, a Braille writer, marked on the test booklet, or other method approved by the Department. The proctor may transcribe the candidate’s responses onto a machine scannable answer sheet. In these instances, the candidate will verify that the answers he or she indicated were marked.

(d) Flexible Format. The test booklet may be produced in large print, high quality regular print, Braille, or the test may be tape recorded, read aloud, or signed by an interpreter.

(e) Assistive Devices. The candidate, upon approval of the department, will be allowed to use appropriate assistive devices, such as lights, magnifiers, or special computer screens.

(4) The Department shall request further evidence on the necessity of the accommodation when the evidence substantiating the need for the accommodation is not complete. The Department shall request that the applicant submit to another professional evaluation to verify the disability or to determine what accommodations are most appropriate and effective when the initial evaluation is inconclusive, unclear, or does not substantiate the need for the requested accommodation.

(5) In no case shall any modifications authorized herein be interpreted or construed as an authorization to provide a candidate with assistance in determining the answer to any test item. No accommodation or modification shall be made that adversely affects the integrity of the examination.

(6) Definition of Terms.

(a) A person with disabilities means any person who:

1. Has a physical, mental, or specific learning disability which presently substantially limits one or more major life activities;

2. Has a record of such a disability; or

3. Is regarded as having such a disability.

(b) Major life activities are activities that an average person can perform with little or no difficulty including walking, talking, hearing, breathing, learning, working, caring for one’s self, and performing manual tasks.

(c) A person with a physical disability means any person who has a permanent or temporary physical or psychomotor disability. Examples of a disability under this section include those disabilities that require the use of a wheelchair, braces, or crutches. It also includes candidates with a hearing or sight disability, or those who may need special accommodation to move about.

(d) A person with a learning disability means any person who has a permanent or temporary mental disability such as brain damage, brain dysfunction, dyslexia, or a perceptual disorder.

(e) For purposes of this rule, “an appropriate professional” means a physician licensed pursuant to Chapters 458 (Medical Practice) or 459 (Osteopathic Medicine), Florida Statutes; a professional licensed pursuant to Chapters 460 (Chiropractic), 461 (Podiatric Medicine), 463 (Optometry), 468, Part I (Speech-Language Pathology and Audiology), or 490 (Psychological Services), Florida Statutes; or appropriately licensed in the state in which the certification of disability was performed. Any certification, documentation, or recommendation relating to a candidate’s disability provided by an appropriate professional pursuant to the requirements of this rule must not be beyond the scope permitted by law for that professional or that which the professional knows or has reason to know that he or she is not competent to perform.

Rulemaking Authority 472.008 FS. Law Implemented 472.0131 FS. History–New________.

 

5J-17.034 Grading.

(1) The Department shall use any national examination which is available and approved by the Board. The Principles and Practice Examination and the Fundamentals Examination contain machine graded, multiple choice questions developed by the NCEES. The minimum score necessary for passing the Principles and Practice Examination and the Fundamentals Examination shall be set by NCEES through the use of a Modified Angoff Method for determining the minimally acceptable raw score necessary to pass the examination. The passing score shall be established by NCEES.

(2) A national examination is an examination developed by or for a national or multi-state professional association, board, council, or society (hereinafter referred to as organization) and administered for the purpose of assessing entry level skills necessary to protect the health, safety, and welfare of the public from the incompetent practice of surveying and mapping and meets the following standards: The Florida Jurisdictional Multiple Choice Examination consists of 100 multiple choice questions developed by the Department, or the Board’s designee. The multiple choice questions will be weighted equally and machine graded. A passing grade on the Florida Jurisdictional Multiple Choice Examination is defined as 70% of the total possible points.

(a) The purpose of the examination shall be to establish entry level standards of practice that shall be common to all practitioners of surveying and mapping;

(b) The practice of the profession at the national level must be defined through an occupational survey with a representative sample of all practitioners and professional practices; and

(c) The examination for licensure must assess the scope of practice and the entry skills defined by the national survey.

(3) The organization must be generally recognized by practitioners across the nation in the form of representatives from the State Boards or shall have membership representing a substantial number of the nation’s or states’ practitioners who have been licensed through the national examination. Scores on the examination will be reported as follows: the Principles and Practice Examination, the Fundamentals Examination, the Florida Jurisdictional Multiple Choice Examination shall have separate scores. Three passing scores must be received in order to successfully pass the examination; however these three passing scores need not be obtained in one sitting.

(4) The organization shall be the responsible body for overseeing the development and scoring of the national examination.

(5) The organization shall provide security guidelines for the development and grading of the national examination and shall oversee the enforcement of these guidelines.

(6) Grading Criteria and Passing Scores:

(a) The Principles and Practice Examination and the Fundamentals Examination contain machine graded, multiple choice questions developed by the National Council of Examiners for Engineering and Surveyoring based upon the results of National Task Analysis Surveys performed periodically. Grades shall be determined by the applicant’s ability to choose the correct answer from several given choices. The minimum score necessary for passing the Principles and Practice Examination and the Fundamentals Examination shall be set by NCEES through the use of a Modified Angoff Method for determining the minimally acceptable raw score necessary to pass the examination. The passing score shall be established by NCEES.

(b) The Florida Jurisdictional Multiple Choice Examination consists of 100 multiple choice questions developed by the Department, or the Department’s designee. The multiple choice questions will be weighted equally and machine graded. Scores for the multiple choice portion shall be determined by the applicant’s ability to choose the correct answer from several given choices. A passing grade on the Florida Jurisdictional Multiple Choice Examination is defined as 70% of the total possible points.

(c) Scores on each examination shall be reported in a pass/fail format as follows: the Principles and Practice Examination, the Fundamentals Examination, the Florida Jurisdictional Multiple Choice Examination shall have separate scores. A passing score must be achieved on each examination to successfully pass the entire examination, however the three passing scores need not be obtained in one sitting.

(7) Examinations shall be graded solely and exclusively by the Department or the Department’s designee, national examination provider or its designee.

(8) Departmentally developed objective, multiple choice examinations shall be graded by the Department or its designee. The Department or the Department’s designee shall review the item analysis and any statistically questionable items after the examination has been administered. Based upon this review, the Department or the Department’s designee shall adjust the scoring key by totally disregarding the questionable items for grading purposes or by multi-keying, giving credit for more than one correct answer per item. All items which do not adequately and reliably measure the applicant’s ability to practice the profession shall be rejected. The Department or its designee shall calculate each candidate’s grade utilizing the scoring key or adjusted scoring key, if applicable, and shall provide each candidate with a grade report. The only paper that shall be graded is the official answer sheet. No credit shall be given for answers written in a candidate’s examination booklet.

(9) If after the distribution of grades for a particular administration there are adjustments to the scoring, amended grade reports shall be mailed to all failing candidates whose scores are increased and to all candidates whose pass/fail status changes due to the adjustment unless the candidate has taken and passed a subsequent administration of the examination.

(10) The Department shall notify the candidate of the results of the candidate’s examination no later than sixty (60) days after the examination date, except when the grades, or portions thereof, are computed by the national board, council, association, or society responsible for a national examination in Florida. The grades for an examination containing a national portion shall be sent to the candidate no later than thirty (30) days after the receipt of the grades by the Department from the national board, council, association, or society responsible for the national examination in Florida.

(12) The Department or its designee shall inform each passing candidate of the candidate’s status and provide necessary instructions for obtaining a license.

(13) Any candidate who does not receive a passing score on a licensure or certification examination will be notified of the test(s) failed, the requirements for re-examination, and review and appeal rights and procedures.

Rulemaking Specific Authority 472.0131 FS. Law Implemented 472.0131 FS. History–New 1-3-80, Amended 10-29-80, 4-19-82, 1-25-84, Formerly 21HH-4.03, Amended 9-16-87, 8-30-92, Formerly 21HH-4.003, Amended 9-7-93, 4-6-94, 5-30-95, 11-10-08, Formerly 61G17-4.003, Amended________.

 

5J-17.035 Use of Pilot Test Items in Examinations.

Written examinations developed by or for the Department may include pilot test or experimental questions for the purpose of evaluating the statistical and/or psychometric qualities of new or revised questions prior to their use in an examination. Pilot test or experimental questions will not be identified to the candidates as pilot test questions on the examination.

(1) The maximum number of pilot test questions included in a single examination shall not exceed 20 percent of the number of questions on the examination which are not pilot test questions, or ten (10) questions, whichever is greater.

(2) Pilot test questions shall not be counted toward the candidate’s score on the examination. Answers to pilot test questions shall not be subject to review by the candidate during the review process.

Rulemaking Authority 472.008 FS. Law Implemented 472.0131 FS. History–New________.

 

5J-17.036 Grades Review Procedure.

Any applicant who takes the Florida Jurisdictional Multiple Choice Examination may examine the applicant's own answers and questions, papers, grades and grading key, upon such terms and conditions as set forth by the Department. of Business and Professional Regulation in Rule 61-11.017, F.A.C. The applicant shall bear the actual cost incurred by the Department in providing the examination review.

(1) A candidate who has taken and failed a Departmentally developed objective multiple choice examination or an examination developed for the Department by a professional testing company or other state agency shall have the right to review the examination items, answers, papers, grades, and grading keys for the parts of the examination failed or the questions the candidate answered incorrectly only. Review of examinations developed by or for a national council, association, or society (herein after referred to as national organization) shall be conducted in accordance with national examination security guidelines and timeframes.

(2) Those candidates who elect to exercise their right to review must submit a request in writing to the Department or the testing vendor.

(a) Unless otherwise provided in Board rule, written requests must be received no later than twenty-one (21) days after the release date of the original grade notification. The issuance of an amended grade notice, if applicable, will not extend the deadline for a candidate to request a post-examination review, unless the amended grade notice affects the pass/fail status of the candidate.

(b) No request received past the specified deadline in paragraph (2)(a) will be accepted.

(3) Examination reviews shall be conducted in the presence of a representative of the Department or vendor at a location designated by the Department in Leon County, Florida, in the same city or county where the candidate sat for the exam, or in any other location mutually acceptable to the candidate and the Department.

(a) All examination reviews shall be conducted in accordance with that examination’s administration procedures to the extent possible and feasible.

(b) All security rules defined in this Chapter, shall apply to all review sessions. Any candidate violating any provision of said rules shall be dismissed from the review session and may be subject to other sanctions pursuant to applicable statutes or rules as determined by the Board.

(c) Unless specified otherwise in this Chapter, all examination reviews by candidates shall be scheduled and completed no later than ninety (90) days after the release date on the original grade notification. However, a candidate may not participate in a review during the twenty-one (21) day period immediately prior to his or her next examination attempt.

(d) A representative of the Department or the vendor shall remain with all candidates throughout all examination reviews. Candidates shall be informed that the representative cannot defend the examination or attempt to answer any examination questions during the review.

(e) Candidates will be given an examination review time of one-half the time provided for the examination administration of the part failed.

(f) Test booklets used by the candidate during the examination are not retained. Candidates reviewing the examination will be provided with a clean, exact copy of the original test questions. They will not be given the actual test booklets they used during the examination. Consequently, any marks or notes made by candidates during the examination will not be available during the review.

(g) Unless prohibited by board rule or national guidelines, candidates have the right to challenge any question which they believe may be ambiguous or any solution which they believe may be incorrect and to request a hearing if the challenge is found to be without merit. The challenges must be submitted in writing during the review. Any challenges or supporting documentation submitted after the candidate has left the review room shall not be accepted.

(h) Upon completion of reviews, candidates shall acknowledge in writing the review start time, the review end time, all materials reviewed, and other relevant review information.

(4) In addition to the provisions of subsection (3), examination candidates shall be prohibited from leaving the review with any written challenges, grade sheets, or any other examination materials.

(5) For a practical examination, unless examination security is involved, a candidate may obtain by mail a copy of his or her grade sheets resulting from a practical examination. The request must be made in writing to the Department, adhere to provisions set forth in subsection (2), be signed by the candidate, and state the address to which the grade sheets are to be mailed. This shall constitute a review of the practical examination.

(6) If a successful challenge results in a regrade of an examination, that regrade shall be limited to the candidate who filed the successful challenge.

Rulemaking Specific Authority 472.008, 472.013, 472.0131(3) FS. Law Implemented 472.013, 472.0131(3) FS. History–New 1-3-80, Formerly 21HH-4.06, 21HH-4.006, Amended 5-30-95, 5-17-00, 10-31-08, Formerly 61G17-4.006, Amended________.

 

5J-17.038 Guidelines for Sharing Department-Developed Examinations With Other States’ Licensing Authorities.

(1) The Department shall, under conditions listed below and for a fee which recovers costs associated with such an action, with the concurrence of the Board, share department-developed examinations with other state licensing authorities.

(2) Upon receipt of an expressed interest from another state’s licensing authority that a department-developed examination be shared, the Department shall require completion of a questionnaire that will gather specific and pertinent information concerning the other state’s need for an examination and the resources available to the other state for sharing the department examination.

(3) An agreement shall be entered into that will require the state licensing authority to adhere to the requirements listed in this Chapter, and any other applicable laws and rules.

(4) Absent a Board and Department agreed-upon exception, the other state’s licensing authority may not be permitted to use security procedure and operating procedures that are less stringent or specific than those required and utilized by the Department.

Rulemaking Authority 472.008 FS. Law Implemented 472.0131 FS. History–New________.

 

5J-17.0381 Translations.

In authorizing the translation of licensure examinations to an applicant’s native language, the Legislature has determined that translated licensure examinations pose no inherent threat to the public health, safety, and welfare.

(1) To allow the Department sufficient time to translate an examination, an applicant for licensure wishing to take the examination in a language other than English or Spanish shall:

(a) File a written request with the Department at least six months prior to the date of the scheduled examination.

(b) Submit, in addition to all other applicable fees, the required translation fee as defined in subsection (2) of this rule on or before the 60th day prior to the date of the scheduled examination.

(2) The Department shall notify the applicant of the amount of the translation fee on or before the 75th day prior to the scheduled examination. The amount of the fee for each applicant for the translated examination shall be a pro rata share for all applicants applying to take the scheduled translated examination to cover the Department’s full direct and indirect costs of the development, preparation, administration, grading and evaluation of the translated examination.

(3) Unless otherwise specified in board rule or prohibited by national guidelines, in lieu of a translated examination, candidates may elect to use a translation dictionary. This dictionary must consist of only word or phrase translations and must remain as published. Dictionaries containing definitions of words, explanations of words or handwritten notes will not be permitted. Testing center staff will inspect and approve the dictionary before it can be used during the examination. Any dictionary that does not meet these criteria will be rejected.

Rulemaking Authority 472.008 FS. Law Implemented 472.0131 FS. History–New .

 

5J-17.039 Licensure, Inactive Status, Delinquent Status, Reactivation.

(1) Biennial Licensing: Licensees, except as may be provided in Chapter 472, F.S., must renew their license each biennial period. Biennial period shall mean a period of time consisting of two 12 month calendar years. The biennial period for the purposes of the Board shall commence and continue on March 1 of each odd numbered year. Each application for renewal shall be considered timely filed if the application has been postmarked by the United States Postal Service officer prior to midnight on the date of expiration of the license or has been delivered by the close of business on the date of expiration of the license or the licensee has submitted an electronic application for renewal through the Department’s website, www.800helpfla.com. If that date falls on a Saturday, Sunday, or legal holiday, the day of expiration shall be the first working day after the expiration date on the license. In order to be complete, the application must have all appropriate spaces filled, be signed or otherwise authenticated by the licensee and include a money order, sufficiently funded check, or electronic draft in the correct amount. The licensee must meet all continuing education requirements as specified in this chapter.

(2) Inactive Status:

(a) A licensee may choose inactive licensure status at the time of renewal by filing a notice with the Department through the Department’s website accompanied by the appropriate fee as set forth in Rule 5J-17.070, F.A.C. Such notice and fee must be received in accordance with this Chapter to be timely.

(b) An inactive status licensee may change to active status at any time, provided the licensee meets all the requirements for active status, pays any additional licensure fees necessary to equal those imposed on an active status licensee, pays any applicable reactivation fees as set by the Board, pays any outstanding fines or costs, and meets all continuing education requirements as specified in this chapter.

(c) Failure to renew an inactive license prior to the applicable renewal deadline shall cause the license to become delinquent.

(3) Delinquent Status:

(a) If a licensee fails to complete all license renewal requirements and submit a timely and complete application, the license shall revert to delinquent status.

(b) A delinquent status licensee may apply for active or inactive status any time during the biennial licensure cycle. A complete application, the renewal fee, and a delinquent fee shall be required. The license of a delinquent licensee that does not achieve active or inactive status before the end of the current biennial licensure period shall become null and void by operation of law and without further action by the Department or the Board. Subsequent licensure will require meeting all the requirements for initial licensure or complying with the procedure set forth in Rule 5J-17.047, F.A.C.

Rulemaking Authority 472.006 FS. Law Implemented 472.006 472.202 FS. History–New ________.

 

5J-17.041 Continuing Education Credit for Biennial Renewal.

Every person licensed pursuant to Chapter 472, F.S., must obtain at least twenty-four (24) continuing education credits per biennium. At least six (6) credits must be obtained by completing an approved provider’s course or seminar on Florida’s minimum technical standards, an approved provider’s course or seminar on Florida’s laws affecting the practice of surveying and mapping, or an approved provider’s course combining the aforementioned subject matters. One continuing education credit hour shall be awarded for each classroom hour of instruction. For the purposes of this rule, a classroom hour shall be defined as no less than fifty (50) minutes of classroom instruction.

(1) Continuing education credits may be obtained for:

(a) The instruction or completion of courses in surveying and mapping subjects at universities and colleges which are regionally accredited by an accrediting agency that is recognized by the United States Department of Education. Six (6) continuing education credits may be obtained for each semester hour or quarter hour equivalent thereof. A “course in a surveying and mapping subject” is a course such as: civil engineering, forestry, mathematics, photogrammetry, land law, physical sciences, basic surveying and mapping, route surveying, mapping, control surveying, legal principles of boundaries, geodetic astronomy, subdivisions and cartography. An official transcript from the registrar of the academic institution or letter of acknowledgement from the academic department head shall be submitted to the Board office as documentation of course instruction or completion at least 45 days prior to the end of the biennium;

(b)1. The completion of courses or seminars offered by continuing education providers approved by the Board for the provision of continuing education credit hours. A list of such providers is available from the Board office upon request.

2. At the time of course approval, a A licensee may obtain continuing education credits in the amount of the credits allowed for that course or seminar for his/her preparation of the course materials. first presentation of such course or seminar presentation of such course or seminar;

a. Between March 1st of each odd numbered year and the last day of February of each even numbered year, a licensee may obtain continuing education credits for up to three live presentations of an approved course during this time period. The amount of the credits awarded shall be equal to the amount of credit awarded for completion of that course.

b. In addition, between March 1st of each even numbered year and the last day of February of each odd number year, a licensee may obtain continuing education credits for up to three live presentations of an approved course during this time period. The amount of the credits awarded shall be equal to the amount of credit awarded for completion of that course.

(c) A licensee’s attendance at a regularly scheduled meeting of the Board of Professional Surveyors and Mappers. Only two (2) continuing education credits will be allowed for each day of such attendance during the biennium. Licensees shall sign in with a Board designee immediately prior to each day of the Board meeting. Upon adjournment of each meeting day, licensees shall sign out and be provided with a certificate of completion from the Board.

(d)1. No more than six (6) continuing education credits shall be awarded to a licensee who has researched, written, and published a book, paper, article, or other scholarly work related to surveying and mapping. Continuing education credits shall be awarded only for the biennium in which the work is initially published and approved for credit.

2. The licensee shall submit the published work along with proof of publication to the Board’s Continuing Education Committee, or its designee, for review and approval at least sixty (60) days prior to the expiration of the biennium for which the licensee seeks credits.

(e)1. A licensee’s attendance at a local chapter, state or national professional association meeting whose primary purpose is to promote the profession of surveying and mapping. One-half (1/2) credit shall be awarded for attendance at a local chapter meeting and two (2) credits shall be awarded for attendance at a state or national professional association meeting during each biennium. No more than six (6) continuing education credits shall be awarded in one biennium for attendance at local chapter, state or national professional association meetings.

2. Licensees who attend national professional association meetings shall submit a dated letter on official stationary from the national association confirming the dates of the licensee’s attendance to the Board’s Continuing Education Committee, or its designee, for review and approval at least sixty (60) days prior to the expiration of the biennium for which the licensee seeks credits.

3. Licensees who attend local chapter and state professional association meetings shall submit a certificate of completion confirming the dates of the licensee’s attendance to the Board’s Continuing Education Committee, or its designee, for review and approval at least sixty (60) days prior to the expiration of the biennium for which the licensee seeks credits.

(2) No licensee may claim credit until after the credit has been earned by that licensee.

(3) Licensees need not comply with continuing education requirements prior to the licensee’s first licensure renewal.

(4) Licensees shall retain, and make available to the Department, the Board or their designees, upon request, continuing education course certificates of completion that comply with subsection 5J-17.044(2), F.A.C., for four (4) years following course completion.

Rulemaking Specific Authority 472.008, 472.018 FS. Law Implemented 472.018 FS. History–New 3-28-94, Amended 5-30-95, 9-21-98, 7-27-00, 6-22-03, 6-23-05, 6-20-06, Formerly 61G17-5.0031, Amended________.

 

5J-17.044 Obligations of Continuing Education Providers.

To maintain status as a continuing education provider, the provider must:

(1) Require each licensee to complete the entire course or seminar in order to receive a certificate of completion for the course or seminar.

(2) Furnish each participant with an individual certificate of attendance that contains the licensee’s name, the licensee’s license number, the provider name, the provider number, the course name, the course number, date of course completion, and the continuing education category fulfilled by the course.

(3) Continuing education providers must provide their Department of Agriculture and Consumer Services continuing education provider number on all course advertisements.

(4) Continuing education providers must identify in advertisements and on certificates of completion whether the offered continuing education course has been approved for general continuing education credit, laws and rules continuing education credit, minimum technical standards (MTS) continuing education credit, or a combination of MTS and laws and rules continuing education credit.

(5) An attendance record shall be maintained by the provider for four (4) years and shall be available for inspection by the Board, its designee, the Department, or the Department’s designee.

(6) Providers must electronically provide to the Department a list of attendees taking a course within thirty (30) business days of the completion of the course. The list shall include the provider’s name, the name and license number of the attendee, the date the course was completed, the course number and the total number of hours successfully completed.

(7) If the instructor is receiving credit as set forth in subparagraph 5J-17.041(1)(b)2., F.A.C., the instructor shall be listed as an attendee with the same information required above.

(8) Providers shall maintain security of attendance records and certificates. For correspondence study courses, the provider must electronically supply the list of those individuals successfully completing the course by the 5th of the month following the calendar month in which the provider received documentation and was able to determine the successful completion of the course by the individual.

(9) Ensure that all promotional material for courses or seminars offered to professional surveyors and mappers for credit contain the course number and the provider number.

(10) Allow only one continuing education credit for no more or no less than fifty (50) minutes of each hour of classroom, audio or video instruction, an “hour of classroom, audio or video instruction” being no less or no more than sixty (60) minutes of instruction.

(11) Allow only one (1) continuing education credit for each “hour of correspondence study.” The “hour of correspondence study” must be based on the average completion time of each course as established by the provider. For correspondence study, provide to each participating licensee a written exam. In order to complete the course, the licensee must receive a minimum grade of seventy percent (70%). If a licensee fails the exam, they will be permitted to take the exam again until a passing grade is achieved.

(12) Notify the Board within fourteen (14) days of any change in the address or telephone number of the provider.

(13) Allow the Department’s and the Board’s designee to have access to information concerning courses or seminars conducted by the provider for continuing education credit.

(14) Provide courses or seminars designed to enhance the education of surveyors and mappers in the practice of surveying and mapping.

(15) Discontinue any course or seminar objected to under subsection 5J-17.043(5), F.A.C.

(16) Discontinue allowing an instructor to conduct a course or seminar upon receipt of notice pursuant to subsection 5J-17.043(6), F.A.C., and provide timely confirmation of same as required by that rule.

(17) A course or seminar on minimum technical standards must focus on each minimum technical standard in Board rules and give examples of the practical application of each standard in the performance of a survey. A course or seminar on minimum technical standards does not focus on case law.

(18) All information or documentation, including electronic course rosters, submitted to the Department shall be submitted in a format acceptable to the Department. Failure to comply with time and form requirements will result in disciplinary action taken against the provider. After a licensee’s completion of a course, the information must be submitted to the department electronically no later than thirty calendar days thereafter. However, the continuing education provider shall electronically report to the department completion of a licensee’s course within ten days beginning on the 30th day before the renewal deadline or prior to the renewal date, whichever occurs first. No provider may reapply for continuing education provider status until at least two (2) years have elapsed since the entry of any final order against the provider.

(19) On-line/internet courses shall be treated as correspondence courses for continuing education purposes, as set forth in subsection (11) above.

Rulemaking Specific Authority 472.008, 472.011, 472.018 FS. Law Implemented 472.018 FS. History–New 3-28-94, Amended 5-30-95, 7-27-00, 8-18-03, 8-18-04, 12-28-05, 1-29-07, Formerly 61G17-5.0043, Amended________.

 

5J-17.047 Approval of Continuing Education Courses Classes.

(1) Continuing education courses shall be valid for purposes of the continuing education requirement only if such courses have received prior approval from the Board. The Board shall approve a course as a continuing education course for the purpose of this rule when the following requirements are met:

(a) Written application for course approval shall be received by the Board prior to the date the course is offered., on BPR form SM-4758, entitled “Course Approval Application Form” incorporated herein by reference and effective 8-18-03, which copies may be obtained from the Board.

(b) The course provider shall submit to the Board the following: an application, a course outline which describes the course’s content and subject matter, and a written statement that explains in detail how the course relates to the practice of surveying and mapping. If a proposed laws and rules continuing education course does not specifically cover Chapters 177 and 472, F.S., or Chapter 5J-17, F.A.C., then the continuing education provider must provide the Board with a detailed written explanation as to how the proposed laws and rules continuing education course rationally relates to the practice of surveying and mapping.

(c) Continuing education courses must address surveying and mapping subjects. Such subjects shall include but are not limited to civil engineering, forestry mathematics, photogrammetry, land law, physical sciences, basic surveying and mapping, route surveying, mapping, control surveying, legal principles of boundaries, geodetic astronomy, subdivisions, cartography, managing surveying businesses and operations and any other subject matter that directly enhances the surveying and mapping profession.

(d) The course provider shall submit to the Board a sample continuing education course certificate of completion that complies with subsection 5J-17.044(2), F.A.C., that is given to each course participant if the participant completes the course.

(e) Instructor curriculum vitae demonstrating particular education, knowledge, experience or skill which sets the applicant apart from those he or she will instruct.

(2) Course approvals are valid for 24 months from the date of issuance. Providers must reapply for course approval within 90 days prior to the expiration of the 24 month period. Written application and course approval shall be in the same form as set forth in subsection (1) above.

(3) The Board shall be notified of any substantive changes made to approved courses during this period, which shall include instructor changes. Course approval shall be rescinded by the Board if such notification is not made or the changes fail to otherwise conform to this rule.

(4) Course approvals shall be automatically rescinded if the provider status expires or is rescinded by disciplinary action or otherwise.

Rulemaking Specific Authority 472.008, 472.018 FS. Law Implemented 472.018 FS. History–New 8-18-03, Amended 6-23-05, 12-28-05, 6-20-06, Formerly 61G17-5.51, Amended________.

 

5J-17.080 Citations.

The offenses enumerated in this rule may be disciplined by the issuance of a citation by the Department of Agriculture and Consumer Services. The citation shall impose the prescribed fine, and the Department may impose the costs of the investigation. If the citation option is accepted by the licensee, the offense will not be brought to the attention of the probable cause panel of the Board.

(1) Citations shall be issued pursuant to Sections 472.0345 and 472.036, F.S.

(2) Citations shall be issued by the Department in accordance with the following procedures:

(a) In lieu of an administrative complaint, the Department may issue a citation based upon a violation of Chapter 472, F.S., which has been designated by rule or statute as an offense for which a citation may be issued.

(b) The citation shall be served on the subject by personal service or by U.S. Mail, certified with return receipt. If the investigation and issuance of a citation was initiated by a consumer complaint, the complainant shall be notified by letter that a complaint has been opened and the citation has been issued.

(c) Citations shall be issued to the subject and shall contain the subject’s name and address, the subject’s license number if licensed, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. The citation must clearly state that the subject may choose, in lieu of accepting the citation, to follow the procedure set forth in Section 472.033, F.S.

(3) Once a citation has become a Final Order, it shall be filed in accordance with procedures established for the filing of final orders.

(4) All fines and costs assessed pursuant to a citation shall be due and payable in accordance with the procedures established for payment of fines and costs within thirty (30) days of the date the citation becomes a Final Order.

(5) Citations which have become final orders shall be admissible in any subsequent proceeding based on the violation of statute or rule referenced in the citation as evidence of prior knowledge, or intent, or scheme, or design.

(6) Citations imposing the following designated fines may be issued to licensed persons or entities for the violations listed below under the following conditions:

(a)(1) A licensee’s first time violation of the prohibition against false, fraudulent, deceptive or misleading advertising may result in a citation. If a citation is issued, the licensee must pay a fine of $500.00.

(b)(2) A licensee’s first time violation of the prohibition against practicing on a delinquent or inactive license shall result in a citation. If a citation is issued, the licensee must pay a fine of $1,000.00.

(c)(3) A business entity’s first time failure to notify the Board within one (1) month of any changes in the business entity’s location of offices, its licensed surveyor and mapper in residence, or the names of its principal, along with proof to demonstrate the change in principal, may result in a citation if the licensee fails to correct the violation in response to a notice of noncompliance. If a citation is issued, the business entity must pay a fine of $500.00.

(7) Citations imposing a designated fine may be issued to persons or entities unlicensed by the Department for the violations listed below, under the following conditions:

(a) There has been no prior citation, final order, or Notice and Order to Cease and Desist issued to the subject;

(b) There is no evidence of consumer harm in the current case; and

(c) The subject has not previously held a license to practice the activity at issue.

(8) The Department may issue citations in lieu of administrative complaints for the following unlicensed activities and impose the following penalties:

(a) Advertising or otherwise holding ones self out as available to practice the profession of surveying and mapping, or otherwise provide a service, or engage in any activity that requires licensure. If a citation is issued, the subject must be assessed a fine of $1,000, plus costs of investigation and attorney’s fees, if any.

(b) Contracting to perform or performing a service, or offering a bid to engage or engaging in any act or practice, that requires licensure. If a citation is issued, the subject must be assessed a fine of $2,500, plus costs of investigation and attorney’s fees, if any.

(9) All citations issued to unlicensed persons under this part shall be accompanied by a Notice and Order to Cease and Desist, as provided by Section 472.036(1), F.S.

Rulemaking Specific Authority 472.008, 472.0345 FS. Law Implemented 472.0345, 472.0351, 472.036 FS. History–New 1-16-92, Formerly 21HH-9.004, Amended 2-20-96, 10-29-06, 6-11-07, Formerly 61G17-9.004, Amended ________.

 

5J-17.082 Mediation.

(1) For the purposes of this chapter, the following definitions shall apply:

(a) “Mediation” means a process whereby a third person acts to encourage and facilitate the resolution of a dispute between a complainant and licensee without prescribing what the resolution should be. The resolution is an informal and nonadversarial process with the objective of helping the disputants reach a mutually acceptable agreement.

(b) “Mediator” means the employee or agent of the department assigned to conduct the mediation (defined in subsection (a)) according to the procedures set forth in Section 472.034, F.S. and this rule. No person shall both conduct mediation and investigate the same complaint.

(c) “Disputant” means the complainant or the licensee.

(2) A department investigator shall determine the suitability of a complaint for mediation, employing the criteria set forth in Section 472.034, F.S., and the rules governing eligibility for mediation.

(3) Mediation will be conducted in person or via electronic media or telecommunications, or any combination of the two, as warranted by the circumstances of the mediation.

(4) The mediator shall meet with the complainant and licensee together or separately, as warranted by the circumstances of the mediation.

(5) The mediator shall provide a written report to the department of the mediation results within 14 days of the conclusion of the mediation. The report shall include a completed mediation agreement or a statement that the complaint was not resolved in mediation.

(6) If mediation is rejected by either the complainant or licensee, or should the disputants fail to reach agreement of the mediated solution within the 60-day period, the department shall proceed on the complaint in the manner required by Chapters 120 and 472, F.S.

(7) To determine whether the department will approve a licensee's participation in the mediation process more than three times, the department shall consider factors including the subject, date, disposition, and number of complaints against the licensee, and the licensee’s history of compliance with board or department orders.

(8)(1)Violations of paragraph 5J-17.010(6)(f), 5J-17.082(6)(f) and Rule 5J-17.010(6)(g), 5J-17.082(6)(g), F.A.C., concerning conflicts of interest, can be mediated pursuant to Section 472.034, F.S.

(2) Violations of the minimum technical standards of Rules 5J-17.050 through 5J-17.052, Chapter 61G17-6, F.A.C., can be mediated if those violations result in economic harm either:

(a) To the person who paid for the survey or map, or

(b) To the person who is the owner of the property which was the subject matter of the survey or map.

Rulemaking Specific Authority 472.034 FS. Law Implemented 472.034 FS. History–New 5-30-95, Formerly 61G17-9.005, Amended________.

 

5J-17.085 Survey Review.

(1) A probationer required to submit surveys for review shall:

(a) Provide the Board with a list of all signed and sealed surveys, which shall contain a minimum of six (6) surveys, that have been performed by the probationer, for or without compensation, within 120 days of the date of the completing any and all continuing education courses required by the Board in its final order. The survey list submitted by the probationer shall contain each survey’s project name and/or number, the client name (if available), the date of the survey and the type of survey performed.

(b) The Board’s Probation Chair will randomly select six (6) of the probationer’s signed and sealed surveys for review from the survey list submitted by the probationer. Within five (5) calendar days of being notified by the Board of the surveys that have been selected for review, the probationer shall have post-marked and submitted to the Board office signed and sealed surveys for the surveyed properties selected for review, along with copies of the relevant field notes, the relevant full size record plats, all measurement and computational records, and all other documents necessary for a full and complete review of the surveys. If the probationer does not submit the surveys which have been post-marked within five (5) calendar days of being notified of what surveys have been selected for review, then the probationer will be referred to the Department for non-compliance with a final order of the Board and the Board may lift the stay of suspension.

(c) Attend the Probation Committee meeting at which the surveys are to be reviewed;

(d) Repeat paragraphs (a)-(c) once if required by the Probation Committee at the meeting where the surveys are reviewed and discussed.

(2) Upon receipt of the signed and sealed surveys and other documents by the Board, either a surveying and mapping consultant selected by the Board or a member of the Board shall conduct a review of the surveys supplied by the licensee and provide an evaluation report to the Board for review, with all costs associated with said review and report paid to the consultant or the Board by the licensee.

(3) After the first survey review, the Probation Committee will either:

(a) Release the probationer from the terms of the final order if the probationer has complied with all of its terms and if the reviewed surveys are found to meet or exceed minimum levels of competency; or

(b) Require a second set of surveys for review as contemplated by paragraph (1)(d); or

(c) If the Board’s final order places a licensee on probation and suspends the licensee’s license but stays the suspension pending the licensee’s compliance with the terms of probation, then the Probation Committee will lift the stay on the suspension of the license if the reviewed and discussed surveys do not meet or exceed minimum levels of competency.

(4) After any second survey review, the Probation Committee will either:

(a) Release the probationer from the terms of the final order if the probationer has complied with all of its terms and if the reviewed surveys are found to meet minimum levels of competency; or

(b) If the board’s final order places a licensee on probation and suspends the licensee’s license but stays the suspension pending the licensee’s compliance with the terms of probation, then the Probation Committee will lift the stay on the suspension of the license if they do not meet minimum levels of competency and refer the reviewed and discussed surveys to the Department for possible further disciplinary action. If the stay is lifted, the licensee shall remain in suspended status until the probationer takes and passes the Florida jurisdictional examinations.

Rulemaking Specific Authority 472.008 FS. Law Implemented 472.0351 FS. History–New 12-25-95, Amended 10-1-97, 5-17-99, 2-23-05, 6-20-06, Formerly 61G17-9.007, Amended________.

 

5J-17.102 Financial Integrity of the Board.

(1) For the purposes of this chapter, the following definitions shall apply:

(a) “Anticipated costs” means the projected direct and indirect costs and administrative overhead of the Board based upon the current fiscal year’s legislative appropriation enactment and other anticipated initiatives.

(b) “Reasonable cash balance” means a positive cash balance which must exist at the end of each fiscal year, plus and minus the Department’s projections of revenue and expenditures of the Board for the next 24-month period.

(c) “Projection” means the Department’s projected cash balance for the Board based upon the Board’s projected revenues including license fees, application fees, examination fees, and fines, and the Department's projected anticipated costs for the Board.

(2) The Department shall notify the Board when the Board's license fees are inadequate to maintain a reasonable cash balance based upon the Department’s projection.

(3) When sufficient action is not taken by the Board within one calendar year of notification as required in subsection (1), the Department shall set license fees on behalf of the board to cover all anticipated costs and to maintain a reasonable cash balance.

(4) The Department is authorized to permit a temporary loan of funds to the Board, if the Board is operating at a deficit. Any request for a loan shall be made to the Director of the Division of Consumer Services and shall state:

(a) That the Board is currently operating at a deficit; and

(b) That the Board has already assessed a one-time fee to eliminate the cash deficit or to maintain the financial integrity of the Board within the last fiscal year.

(5) Upon verification of the information stated in the request, the Department shall loan funds sufficient to maintain a reasonable cash balance.

(6) No action taken under this section will extend beyond two years. All loans authorized under this section will be repaid by the Board within two years from the date of the loan. All loans authorized under this section will be repaid with interest calculated at the then prevailing rates paid for investments in the State Treasury to the credit of the General Inspection Trust Fund of the Department of Agriculture and Consumer Services.

Rulemaking Authority 472.008, 472.011 FS. Law Implemented 472.011 FS. History–New________.

 

5J-17.200 Definitions.

When used in Rule Chapter 5J-17, F.A.C., the following terms shall have the meanings provided:

(1) “Country” shall mean any independent or dependent governmental unit with established boundaries within the Western Hemisphere.

(2) “A country in the Western Hemisphere which lacks diplomatic relations with the United States” shall mean the Republic of Cuba and any other country which the Secretary of State of the State of Florida confirms lacks diplomatic relations with the United States.

(3) “Western Hemisphere” shall mean the land masses known as North America, Central America and South America and the islands which are geographically related to such masses.

Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New________.

 

5J-17.203 Examinations for Licensure of Foreign-Trained Exiled Professionals.

(1) The examination for licensure of foreign-trained exiled professionals shall be a written practical examination which tests the current ability of the applicant to practice the profession of professional surveying and mapping. The examination shall not test the academic and preprofessional fundamental knowledge of the applicant.

(2) The examination for applicants to be licensed to practice professional surveying and mapping shall be the Practice and Principles examination as prepared by the Department, or an examination equivalent to it. The examination will test the applicant’s ability to apply acceptable practice of professional surveying and mapping to problems in the following areas:

(a) Sectionalized Land

(b) Metes and Bounds

(c) Lot and Block

(d) Water Boundary

(e) Condominium

(f) Right-of-Way

(g) Topographic

(h) Construction Layout

(i) Legal Responsibilities and Records Research

(j) Legal Description and Report Preparation

(k) Record Plat Computations

(3) Translation of Examinations. Whether a translated examination will be provided will be determined by the Department by the availability of a translated examination and the applicant’s ability to bear the cost of translation before a translation is prepared.

(4) An applicant may sit for the examination the number of times and under such conditions as provided in Chapter 472, F.S.

(5) The passing score for the Professional Surveying and Mapping examination shall be 70% of the total possible points on the examination.

Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New_________.

 

5J-17.204 Graduation Documentation; Verification by Professional Association in Exile.

(1) Documentation of graduation shall include copies of any document which properly identifies:

(a) The applicant by name;

(b) Completion of academic requirements;

(c) The name and location of the college, university or school from which the document was received;

(d) The signature(s) of person(s) responsible for awarding such document;

(e) The date on which the document was awarded;

(2) Verification by professional association in exile; signature of officer or executive officer.

(a) The professional association in exile shall verify the documentation of graduation presented in support of an application for licensure by attaching a statement to the documentation which statement includes the following text: The document attached hereto is, to the best knowledge of the (name of association in exile) and to the best knowledge of the undersigned officer(s) of said association, a true representation of the facts contained therein, and the person named on said document is known to be the same person seeking licensure for the practice of surveying and mapping by submission of the application for which said document is submitted as partial satisfaction of requirements for licensure.

(b) The signature affixed to the verification shall be that of one of the duly elected officers of the association, identified as such below the signature. However, an executive officer may sign the verification if meeting minutes are attached wherein the association or its board of directors authorizes specifically such officer employed by the association to act in its behalf in this matter.

(3) Translation. When the documentation of graduation is in any language other than English, a translation shall be attached thereto, such translation prepared and signed by a college or university professor in foreign language or any other person who is a generally accepted authority in translation activity.

Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New________.

 

5J-17.206 Three Years Lawful Practice for Foreign Trained Exiled Professionals.

(1) Three years of lawful practice shall consist of experience by reason of practice in the practice of surveying and mapping. Such lawful practice shall include valid licensure in the jurisdiction wherein the practice occurred if such licensure was required. Three years practice shall include continuous and noncontinuous practice, provided the requirements described above were met during such practice.

(2) An applicant for licensure pursuant to Section 472.0101, F.S., shall submit proof of three years lawful practice in one of the following forms:

(a) Copies of licenses or renewals thereof for the years of practice when the applicant possesses such licenses or renewals or has reasonable access to same for submission.

(b) In lieu of copies of licenses, a letter of recommendation from three persons who are licensed Florida professional surveyors and mappers may be submitted. Such letters shall certify the dates the writer has known the applicant, the writer’s association with the applicant, the writer's personal knowledge that the applicant has lawfully practiced, indicating the length of time and the place or places where he knows the applicant has practiced. The name, address and license number of the writer of such letters shall appear on the letters.

Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New________.

 

5J-17.208 Pre-examination Continuing Education Program for Foreign Trained Exiled Professionals.

The term “program” when used in this rule means the pre-examination continuing education course of study provided in Section 472.0101, F.S.

(1) The content of the program shall be designed to prepare the applicant for examination for licensure. The program is to prepare the applicant for passage of a written practical examination which tests his ability to practice professional surveying and mapping.

(2) Providers of the program may be businesses in the private sector or entities within private or public vocational schools, community colleges or private or public universities provided the program is approved pursuant to these rules.

(3) Before a program is offered to an applicant as satisfying the requirements of this rule, such program shall be approved by the Department.

(a) Approval by the Department shall be based upon a finding by the Department that the program satisfies the following requirements:

1. Documentation of program content to demonstrate adequate training and coursework to prepare applicants for examination to practice the profession as defined in Florida law and rules. Such training and coursework shall include a diagnostic evaluation of the applicant's completion of the program. Adequate training and coursework include attendance by applicant of no less than ninety (90) percent of the class sessions.

2. Description of the class hours, other time requirements and other requirements placed on applicants to satisfactorily complete the program.

3. Cost of program to applicants.

4. Dates program will be offered.

(b) The proposed program provider shall submit the request for program approval to the Department with the documentation required hereinabove.

(c) A program completed within 2 years prior to submission of an application shall be approved by the Department pursuant to receipt and approval of documentation which complies with the provisions of this rule.

(4) The following documents include, but are not limited to, the type of documentation which the Department will accept as demonstrating successful completion of a program:

(a) A copy of a certificate of completion, including the program title and date completed, signed by an officer of the approved provider company or institution.

(b) A letter or copy of a letter from an officer of the company or a letter or a copy of a letter from an officer of the institution. Said letters shall state that the named applicant successfully completed the named program and give the date of completion.

Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New .

 

5J-17.210 Fees for Foreign Trained Exiled Professionals.

(1) Applicants for licensure as foreign-trained exiled professionals shall submit an application fee of $100 with their application.

(2) The fees for examination of foreign-trained exiled professionals shall be determined by the cost to the Department for acquisition, preparation, administration, grading and the review of examinations. The examination fees shall be assessed to each applicant by the Department and such fees shall be paid to the Department by the applicant when the Department requires. The examination fees shall be paid in two parts.

(a) The examination development fee shall be paid to the Department when the applicant is notified that his application is complete, that he is qualified for examination and that the examination development fee in the amount stated is due, including the date the fee is due.

(b) The examination administration fee shall be paid to the Department before the date due when the Department notifies the applicant that he is scheduled to sit for the examination and the time and place of the examination for which the applicant is scheduled.

(3) Upon notification of passage of the examination, the applicant shall pay to the Department a licensing fee of $200 prior to receipt of the license to practice.

Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New________.

 

5J-17.400 Special Assessment Fee.

(1) All active and voluntary inactive licensees shall pay a one-time special assessment fee of $100.00 in order to maintain financial integrity in the operation of the Board. Payment of this fee shall be due and payable on or before February 28, 2011.

(2) Failure to comply with this rule and pay the required fee shall constitute grounds for disciplinary action pursuant to Section 472.0351(1)(h), F.S.

Rulemaking Authority 472.006(5), 472.008, 472.011(12) FS. Law Implemented 472.011(12) FS. History–New_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: LuAnn Stiles
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 09, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 13, 2010