Includes changes to all rules listed above to show that Minimum Technical Standards have been changed under the statute to Standards of Practice; clarifies in 5J-17.001 that violations of Chapter 177, F.S., which may be prosecuted by the Board are ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-17.001Probable Cause Panel

5J-17.010Grounds for Discipline

5J-17.032Content of Examination

5J-17.040Continuing Education Requirements for Reactivation of Inactive License

5J-17.041Continuing Education Credit for Biennial Renewal

5J-17.044Obligations of Continuing Education Providers

5J-17.048Reinstatement of Null and Void License

5J-17.050Minimum Technical Standards: Definitions

5J-17.051Minimum Technical Standards: General Survey, Map, and Report Content Requirements

5J-17.052Minimum Technical Standards: Specific Survey, Map, and Report Requirements

5J-17.053Standards of Practice: Professional Matters in Surveying and Mapping

5J-17.080Citations

PURPOSE AND EFFECT: Includes changes to all rules listed above to show that Minimum Technical Standards have been changed under the statute to Standards of Practice; clarifies in Rule 5J-17.001, F.A.C., that violations of Chapter 177, F.S., which may be prosecuted by the Board are not limited to violations only of Part I of that chapter; conforms the language used to identify the profession throughout by adding the words “and Mapping” after the word “Surveying” in Rule 5J-17.032, F.A.C., and adding the words “and mapping” in Rule 5J-17.051, F.A.C., after the word “surveying”; adds definitions to Rule 5J-17.050, F.A.C., to clarify the meaning of words used in Section 472.027, F.S., and to facilitate the removal from Rule 5J-17.010, F.A.C., of cumbersome and unnecessarily repetitive language; adds one new Rule 5J-17.053, F.A.C., to contain standards for professional conduct; moves existing standards for professional conduct which are currently contained in Rule 5J-17.010, F.A.C., into the new Rule 5J-17.053, F.A.C.

SUMMARY: If adopted, the proposed language changes all rules listed above to show that Minimum Technical Standards have been changed under the statute to Standards of Practice; clarifies in Rule 5J-17.001, F.A.C., that violations of Chapter 177, F.S., which may be prosecuted by the Board are not limited to violations only of Part I of that chapter; adds the words “and Mapping” in Rule 5J-17.032, F.A.C., after the word “Surveying” and the words “and mapping” in Rule 5J-17.051, F.A.C., after the word “surveying” so as to correctly refer to the practice and profession being regulated as surveying and mapping; adds definitions to Rule 5J-17.050, F.A.C., to clarify the meaning of words used in Section 472.027, F.S., and to facilitate the removal from Rule 5J-17.010, F.A.C., of cumbersome and unnecessarily repetitive language; adds one new Rule 5J-17.053, F.A.C., to contain standards for professional conduct; moves existing standards for professional conduct which are currently contained in Rule 5J-17.010, F.A.C., into the new Rule 5J-17.053, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule amendments either clarify statutory language and terms used in the rules, or impose new requirements for practices already routinely followed by most practitioners, including the requirement for 6-year records retention. An informal survey of licensees showed that minimal if any costs would be associated with these revisions, which would fall well below the $200,000 threshold.

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.

RULEMAKING AUTHORITY: 472.027 FS.

LAW IMPLEMENTED: 472.027 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karin Byrne, Senior Attorney, Department of Agriculture and Consumer Services, 407 South Calhoun Street, Tallahassee, Florida 32399-0800, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-17.001 Probable Cause Panel.

(1) The probable cause panel is the committee designated by law to determine whether the Department of Agriculture and Consumer Services has sufficient evidence to proceed in the prosecution of a violation of Chapter 472, Part I of Chapter 177, F.S., or any rules of the Board or the Department promulgated promulaged pursuant to those chapters of Florida Law. The panel makes its decision in a confidential meeting based on evidence provided by the Department as a result of the Department's investigation of a complaint which the Department has already determined to be legally sufficient.

(2) No change.

(3) A majority vote of the probable cause panel shall determine whether probable cause exists to believe that a violation has occurred of Chapter 472, F.S., the applicable provisions of Chapter 177, F.S., or 5J-17, F.A.C. In the event the two members of the probable cause panel fail to agree on any particular case, the chair of the Board shall assign a third person to the probable cause panel solely for the purpose of casting the decisive vote in that case. The third person shall be a member of the Board.

Rulemaking Authority 120.53(1), 472.008 FS. Law Implemented 120.53(1)(c), 472.033(4) FS. History–New 2-7-91, Amended 3-23-93, Formerly 21HH-1.0051, Amended 5-31-95, 7-27-00, Formerly 61G17-1.0051, Amended__________.

 

5J-17.010 Grounds for Discipline.

Discipline follows an adjudication of guilt by the Board. In addition to violations of provisions set forth elsewhere in these rules, the following are grounds for discipline of any licensee as that term is defined in Rule 5J-17.050, F.A.C.

(1) Licensees, whether individual people or business entities holding certificates of authorization, shall be disciplined for false, fraudulent, deceptive or misleading advertising.

(a) through (b)  No change. 

(2) Licensees, whether individual people or business entities holding certificates of authorization, shall be disciplined for surveying and mapping which is negligently or incompetently performed. Surveying and mapping is negligently performed if the licensee’s violation of professional Standards of Practice or minimum technical standards causes harm to the licensee’s client or to the public. A final civil judgment against a licensee for negligence in the practice of surveying and mapping constitutes probable cause for the issuance of an administrative complaint against the licensee for a violation of this rule, except that nothing in this rule shall be construed to require such a final civil judgment for the purpose of finding probable cause.

(3) Licensees, whether individual people or business entities holding certificates of authorization, shall be disciplined for failing to abide by the Standards of Practice minimum technical standards set out in Rule 5J-17.051 5J-17.050 through 5J-17.053 5J-17.052, F.A.C.

(4) Licensees, whether individual people or business entities holding certificates of authorization, shall be disciplined for violating Chapters 177, 472, F.S., or rules promulgated pursuant to any of those chapters by either the Department of Agriculture and Consumer Services or the Board.

(5) Licensees, whether individual people or business entities holding certificates of authorization, shall be disciplined for failing to pay any final judgment entered against the licensee in any civil proceeding against the licensee involving the licensee’s practice of surveying and mapping;

(6) Licensees, whether individual people or business entities holding certificates of authorization, shall be disciplined for misconduct in the practice of surveying and mapping, including violations of paragraphs (a) through (c) hereof. Violations of paragraphs (a) through (c)(l) of this subsection constitute misconduct. Violations of Rule 5J-17.053, F.A.C., also constitute misconduct.

(a) Licensees, whether individual people or business entities holding certificates of authorization shall act as faithful agents or trustees of their clients and employers in all professional matters, and their failure to do so shall constitute cause for discipline.

(b) Licensees, whether individual people or business entities holding certificates of authorization, may not be untruthful, deceptive, or misleading in any professional report, statement, or testimony whether or not under oath.

1. A professional report, statement or testimony is false, fraudulent, deceptive or misleading if it: contains a material misrepresentation of fact; omits the statement of any material fact that is necessary to form a complete and accurate understanding of the communication; or is intended or is likely to create an unjustified expectation.

2. Examples of false, fraudulent, deceptive or misleading statements include: a statement that a licensee is a certified specialist in any area outside the licensee’s field of expertise; a statement that the licensee’s education or experience in surveying and mapping is greater than it actually is; a statement that the licensee’s involvement with a surveying and mapping project will be greater than it actually will be.

(a)(c) Licensees, whether individual people or business entities holding certificates of authorization, may not perform a surveying and mapping assignment unless they are qualified by education or experience to perform the type of surveying and mapping which is the subject of the assignment.

(d) Licensees, whether individual people or business entities holding certificates of authorization, may not affix a signature and seal to any document depicting an area over which the licensee has insufficient knowledge, education, experience, or familiarity.

(e) Licensees, whether individual people or business entities holding certificates of authorization, may not offer any bribe, commission or gift, either directly or indirectly, to obtain selection or preferment for surveying and mapping employment.

1. An example of prohibited activity under this part is a practice known as the “washout” survey, wherein a licensee agrees to accept payment for a surveying and mapping service only upon the contingency of a future event other than the completion of the survey and map.

2. The activity prohibited by this part does not pertain to the payment of a fee to a licensed employment agency for securing salaried employment as a surveyor and mapper.

(f) Licensees, whether individual people or business entities holding certificates of authorization, may not solicit or accept gifts or gratuities directly or indirectly from contractors, their agents or other parties dealing with the licensee’s client or employer in connection with work for which the licensee is responsible.

(g) Licensees whether individual people or business entities holding certificates of authorization, may not engage in any professional conflict of interest. An example of a professional conflict of interest would be a situation in which a county employee engages in the private practice of surveying and mapping on a project over which that person, as a county employee, has approval authority.

(h) Licensees, whether individual people or business entities holding certificates of authorization, may not use their surveying and mapping expertise or their professional surveying and mapping status to commit a crime.

(i) Licensees, whether individual people or business entities holding certificates of authorization, may not affix their seals or signatures to survey and mapping documents or other documents required to be signed and sealed by a licensed surveyor and mapper unless the document has been personally prepared by the licensee or prepared under the licensee’s supervision, direction and control.

(j) Licensees, whether individual people or business entities holding certificates of authorization, may not knowingly associate with or permit the use of their names in a business venture with any person or business entity which the licensee knows or should know is engaging in unlawful, fraudulent or dishonest business or professional practices.

(b)(k) Licensees, whether individual people or business entities holding certificates of authorization, shall report to the Department of Agriculture and Consumer Services any person or business entity which the licensee knows is violating Chapters 177, 472, F.S., or any of the rules promulgated pursuant to those chapters by the Department of Agriculture and Consumer Services or the Board.

(c)(l) Licensees, whether individual people or business entities holding certificates of authorization, may not practice surveying and mapping unless they maintain financial responsibility for the surveying and mapping projects they perform.

(7)  No change.

Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.015, 472.025, 472.02, 472.027, 472.0351(1)(f), (g), (h), (2) FS. History–New 1-3-80, Formerly 21HH-2.01, Amended 9-1-88, Formerly 21HH-2.001, Amended 6-1-95, 10-13-97, 9-19-06, Formerly 61G17-2.001, Amended__________.

 

5J-17.032 Content of Examination.

(1) through (2) No change.

(3) The Florida Jurisdictional Multiple Choice Examination shall be based on Florida’s laws and rules regarding the practice of surveying and mapping. The following areas shall be tested on the examination and will be weighted approximately as designated:

 

Statute/Rule	Area Tested	Assigned Weight
Chapter 177, Part I, F.S. Chapter 177, Part II, F.S. Chapter 161, F.S. Chapter 62B-33, F.A.C Chapter 177, Part III, F.S.	Platting Coastal Mapping     Restoration of Corners	30%
Chapter 472, F.S.	Land Surveying and Mapping	15%
Chapter 718, F.S.	Condominiums	5%
Chapter 95, F.S.	Adverse Possession	5%
5J-17.001 to 5J-17.007, F.A.C. 5J-17.010 to 5J-17.016, F.A.C. 5J-17.040 to 5J-17.047, F.A.C 5J-17.050 to 5J-17.052, F.A.C.   5J-17.060 to 5J-17.062, F.A.C.   5J-17.080 to 5J-17.085, F.A.C.	Organization & Purpose Grounds for Discipline Continuing Education Standards of Practice Minimum Technical Standards Seals, Signatures and Certificates of Authorization Penalties	40%
Chapter 472, F.S., and   Section 287.055, F.S.	Department of Agriculture and Consumer Services – General provisions         Consultants’ Competitive Negotiation Act	5%

 

Rulemaking Authority 472.0131, 472.027 FS. Law Implemented 472.0131, 472.027 FS. History–New 1-3-80, Amended 1-25-84, Formerly 21HH-4.02, Amended 9-16-87, 12-13-88, 8-30-92, Formerly 21HH-4.002, Amended 5-30-95, 5-17-99, 7-9-00, 10-31-08, Formerly 61G17-4.002,__________.

 

5J-17.040 Continuing Education Requirements for Reactivation of Inactive License.

A license which has been inactive for more than one year may be reactivated upon application to the Department and demonstration to the Board by the licensee of having completed one (1) continuing education credit in surveying and mapping related courses or seminars per inactive month up to a maximum of forty-eight (48) continuing education credits which must be completed within one year prior to the date of application for reactivation. This education for licensure reactivation shall be related to the licensee’s field of practice and shall include a minimum of six (6) hours of Standards of Practice Minimum Technical Standards (MTS) continuing education credits and six (6) hours of laws and rules continuing education credits. Verification of the above-mentioned education shall be in the form of a continuing education course certificate of completion that complies with subsection 5J-17.0044(2), F.A.C.

Rulemaking Authority 472.019(2), 472.027 FS. Law Implemented 472.019(2), 472.027 FS. History–New 10-29-80, Formerly 21HH-5.01, Amended 2-7-91, Formerly 21HH-5.001, Amended 3-28-94, 5-30-95, 10-13-97, 6-29-00, 6-22-03, 6-20-06, 1-29-07, Formerly 61G17-5.001, Amended__________.

 

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 Standards of Practice 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) through (4) No change.

Rulemaking Authority 472.008, 472.018, 472.027 FS. Law Implemented 472.018, 472.027 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 10-17-12,__________.

 

5J-17.044 Obligations of Continuing Education Providers.

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

(1) through (3) No change.

(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, Standards of Practice minimum technical standards (MTS) continuing education credit, or a combination of Standards of Practice MTS and laws and rules continuing education credit.

(5)  through (16)  No change. 

(17) A course or seminar on Standards of Practice 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 Standards of Practice minimum technical standards does not focus on case law.

(18) through (19)  No change. 

Rulemaking Authority 472.008, 472.011, 472.018, 472.027 FS. Law Implemented 472.018, 472.027 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 10-17-12,_________.

 

5J-17.048 Reinstatement of Null and Void License.

(1) Submit a Florida Surveyor and Mapper application for reinstatement of a null and void surveyor and mapper license in which the applicant shall:

(a) and (b)  No change. 

(c) Submit a written statement regarding whether or not the applicant has completed one (1) continuing education credit in surveying and mapping related courses or seminars, which shall include completion of Standards of Practice Minimum Technical Standards (MTS) and Florida Laws and Rules courses, for each month that the applicant’s license was delinquent in accordance with the continuing education requirements of Rule 5J-17.041, F.A.C., within twenty-four (24) months prior to the applicant’s submission of his or her application for reinstatement of a null and void license;

(d) through (i)  No change. 

(2) through (3)  No change. 

Rulemaking Authority 472.0202, 472.027 FS. Law Implemented 472.0202, 472.027 FS. History–New 6-20-06, Formerly 61G17-10.001, Amended__________.

 

5J-17.050 Minimum Technical Standards: Definitions.

As used in this chapter, the following terms have the following meanings:

(1) through (12) No change.

(13) Product: the final drawings, plans, specifications, plats or reports of the professional surveyor and mapper in responsible charge.

(14) Work product: the final drawings, plans, specifications, plats, reports, and all related calculations and field notes of the professional surveyor and mapper in responsible charge or made under his/her supervision.

(15) Licensee: any person or business entity that has been issued, pursuant to this chapter, a registration, certificate, or license by the Department.

Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.027 FS. History–New 9-1-81, Formerly 21HH-6.02, Amended 12-18-88, Formerly 21HH-6.002, Amended 12-25-95, 5-25-99, 3-25-01, 3-13-03, 4-4-06, Formerly 61G17-6.002, Amended__________.

 

5J-17.051 Standards of Practice: Minimum Technical Standards: General Survey, Map, and Report Content Requirements.

(1) Nothing in these rules shall preclude a surveyor and mapper from entering into a contract with a client which requires more stringent surveying and mapping standards than those set forth in this rule.

(2) through (3) No change.

Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.025, 472.027 FS. History–New 9-1-81, Amended 7-29-85, Formerly 21HH-6.03, Amended 12-18-88, 11-27-89, 5-26-91, Formerly 21HH-6.003, Amended 12-25-95, 5-13-96, 11-3-97, 5-25-99, 4-4-06, 8-31-06, 8-18-08, Formerly 61G17-6.003, Amended__________.

 

5J-17.052 Standards of Practice: Minimum Technical Standards: Specific Survey, Map, and Report Requirements.

(1) As-Built/Record Survey:

(a) through (b) No change.

(c) All maps prepared shall meet applicable Standards of Practice minimum technical standards.

(d) No change.

(2) through (12) No change.

Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.027 FS. History–New 9-1-81, Formerly 21HH-6.04, Amended 12-18-88, Formerly 21HH-6.004, Amended 12-25-95, 5-13-96, 5-25-99, 4-4-06, 8-31-06, 8-18-08, Formerly 61G17-6.004, Amended__________.

 

5J-17.053 Standards of Practice – Professional Matters in Surveying and Mapping.

In order to safeguard the health, safety and welfare of the public and to maintain integrity and high standards of skill and practice in the surveying and mapping profession, the rules of professional conduct provided in this section shall be binding upon every licensee and on all firms which offer or perform surveying and mapping services in Florida. Licensees shall at all times be cognizant of the public that they serve and shall govern themselves accordingly in the following professional matters:             

(1) Fair Dealing in Professional Relationships.

(a) Licensees shall act as faithful agents of their clients in all professional matters.

(b) Licensees, whether or not under oath, shall not be untruthful, deceptive, or misleading, including by omission, in any professional report, oral or written statement, or testimony.

1. A professional report, statement or testimony is false, fraudulent, deceptive or misleading if it: contains a material misrepresentation of fact; omits the statement of any material fact that is necessary to form a complete and accurate understanding of the communication; or is intended or is likely to create an unjustified expectation.

2. Examples of false, fraudulent, deceptive or misleading statements include: a statement that a licensee is a certified specialist in any area outside the licensee’s field of expertise; a statement that the licensee’s education or experience in surveying and mapping is greater than it actually is; a statement that the licensee’s involvement with a surveying and mapping project will be greater than it actually will be.

(c) The licensee shall not make, publish or cause to be made or published, any representation or statement concerning the professional qualifications of the licensee, or those of any partner, associate, firm or organization of the licensee, which is in any way misleading, or which tends to mislead the recipient thereof, or the public, concerning education, experience, specializations or other surveying and mapping qualifications.

(d) A licensee shall not, in the practice of surveying and mapping or in any professional dealings, make, publish, or cause to be made or published, any representation or statement about any competitor or any other licensee which the licensee knows or should know is false and which has or is intended to have the effect of injuring the reputation or business of such other licensee.

(e) A licensee shall not express a professional opinion that is factually insupportable or that is not based on accepted surveying and mapping principles, or that misrepresents data and/or its relative significance in any professional report, oral or written statement, or testimony.

(f) A licensee shall not violate any provisions of state or federal statutes requiring qualifications-based selection of professional surveying and mapping services; shall not knowingly aid or abet any other licensee in violating such statutes; shall not participate in a qualifications-based selection process that the licensee knows is not in compliance with federal or state statutes; and shall not respond to or solicit requests that the licensee knows are in violation of state or federal statutes.

(g) A licensee shall not knowingly permit the publication or use of the licensee’s data, reports, maps, or other professional documents for unlawful purposes.

(h) Licensees may not use their surveying and mapping expertise or their professional surveying and mapping status to commit a crime.

(i) Licensees may not knowingly associate with or permit the use of their names in a business venture with any person or business entity which the licensee knows or should know is engaging in unlawful, fraudulent or dishonest business or professional practices.

(2) Conflicts of Interest: Licensees shall avoid any professional conflicts of interest.

(a) When conflicts cannot be avoided, licensees shall disclose to their employers and clients all known or potential conflicts of interest or other circumstances that could influence or appear to influence their professional judgment or the quality of their professional services provided.

(b) Unless the circumstances are fully disclosed and agreed to in writing by all interested parties, a licensee shall not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project.

(c) Examples of professional conflicts of interest include, but are not limited to:

1. A county employee engaging in the private practice of surveying and mapping on a project over which that person, as a county employee, has approval authority.

2. A licensee soliciting or accepting a professional contract from a governmental body on which that licensee or a principal or officer of his/her business organization serves as a member.

3. A licensee, serving as a member, advisor, or employee of a governmental entity, who participates in its decision to contract for professional services from a private business in which that licensee is a principal or employee.

(d) Licensees may not offer any bribe, commission or gift, either directly or indirectly, to obtain selection or preferment for surveying and mapping employment.

1. An example of prohibited activity under this subsection is a practice known as the “washout” survey, wherein a licensee agrees to accept payment for a surveying and mapping service only upon the contingency of a future event other than the completion of the survey and map.

2. The activity prohibited by this subsection does not pertain to the payment of a fee to a licensed employment agency for securing salaried employment as a surveyor and mapper.

(e) Licensees may not solicit or accept gifts or gratuities directly or indirectly from contractors, their agents or other parties dealing with the licensee’s client or employer in connection with work for which the licensee is responsible.

(3) Confidentiality: Whether or not a licensee and a client establish requirements of confidentiality contractually, the licensee shall safeguard and preserve the confidences and private information of the client and shall exercise reasonable care to prevent unauthorized disclosure or use thereof by the licensee’s employees and associates, except:

(a) When disclosure is made as a necessary part of performing the services for which the client is employing or engaging the licensee.

(b) When licensee has obtained the consent of the affected client or clients, employer or employers, current or former, but only after full disclosure to them;

(c) When required by law or court order;

(d) When necessary to establish legal proof of licensee’s relationship with such client or employer, current or former, in a court action to recover salaries, fees or other compensation due to the licensee as a result of the licensee’s employment or association with the client or employer, current or former;

(e) When necessary to defend the licensee or the licensee’s employees or associates in a legal action alleging wrongful conduct;

(f) When there is potential danger to the public’s safety and well being and disclosure is reasonably necessary to prevent harm to the public;

(g) When the disclosures were made to the Board regarding other licensees or unlicensed individuals who may have violated laws or rules relating to the practice of surveying and mapping;

(h) When the disclosures relate to illegal conduct.

(4) Use of Another Licensee’s Product.

(a) Work completed by one licensee (original licensee) cannot be adopted or reused by a different licensee (successor licensee), except under the following circumstances:

1. With written consent of the original licensee, or;

2. When the graphics or data depicted on the survey are attributed to the licensee that was in responsible charge of its production, or;

3. When the original licensee’s field notes, supporting documents and/or final product(s) are rightfully in the possession of the successor licensee.

(b) Use of another licensee’s work under any circumstances does not exempt the user from compliance with the survey requirements in Chapter 5J-17, F.A.C.

(5) Retention of Work Products.

(a) For each survey produced, all licensees, except for those who do not have an ownership right to the work product, shall maintain for a minimum of six years from the date of creation at least one copy of all signed and sealed final drawings, plans, specifications, plats, and reports as well as one copy of all related calculations and field notes. These records may be kept in hard copy or electronic or digital format.

(b) Upon the discontinuance of the practice of surveying and mapping, licensees shall ensure the safe storage and reasonable accessibility to clients of all files and file materials for a period of three years in accordance with subparagraph 5J-17.051(2)(b)2., F.A.C. The failure to do so shall constitute cause for discipline.

1. If an individual voluntarily relinquishes his/her professional surveyor and mapper license, the transfer and storage of files is not required.

(6)  Signing and Sealing.

(a) Licensees shall sign, date and seal those final drawings, plans, specifications, plats or reports that have been prepared or issued by the licensee and conform to the Standards of Practice for professional surveyors and mappers as outlined in Chapter 5J-17, F.A.C.

(b) Licensees shall not affix their signatures or seals to any final drawings, plans, specifications, plats or reports not prepared under their responsible charge.

(c) Licensees may not affix a signature and seal to any document depicting an area over which the licensee has insufficient knowledge, education, experience, or familiarity.

Rulemaking Authority 472.027 FS. Law Implemented 472.027 FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Steckler, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 9, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 19, 2014, Volume 40/Number 245