These new rules, changes and deletions are intended to amend, modernize and streamline the rules and forms that govern the profession of surveying and mapping in the state of Florida. These proposed changes are necessary as Chapter 472 has been ...

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-17.011Disciplinary Guidelines

5J-17.020Applications for Licensure: Experience

5J-17.021Applications for Licensure: Education

5J-17.022Applications for Surveyor and Mapper Intern / Surveyor in Training

5J-17.025Domestic Equivalency Education Program Criteria for Applicants Who Graduated from Non-ABET Accredited Surveying and Mapping Degree Programs

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

5J-17.041Continuing Education Credit for Biennial Renewal

5J-17.042Proof of Continuing Education Credit Earned

5J-17.043Board Approval of Continuing Education Providers

5J-17.044Obligations of Continuing Education Providers

5J-17.045Evaluations of Continuing Education Providers

5J-17.047Approval of Continuing Education Courses

5J-17.048Reinstatement of Null and Void License

5J-17.050Definitions

5J-17.052Boundary Survey Requirements

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

5J-17.060Seals Acceptable to the Board

5J-17.062Procedures for Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents

PURPOSE AND EFFECT:  These new rules, changes and deletions are intended to amend, modernize and streamline the rules and forms that govern the profession of surveying and mapping in the state of Florida.  These proposed changes are necessary as Chapter 472 has been amended and these rule modifications reflect those amendments. More specifically, these rules seek to broaden the scope of acceptable degree programs to become a licensed surveyor and mapper, to clarify the application process on how to become a Surveyor in Training, and to provide clearer guidance as to the various acceptable methods of attaining continuing education for the biennium.  Also, the proposed definitional changes in these rules look to more accurately reflect currently accepted practices and procedures in the profession. 

SUMMARY:   The Board of Professional Surveyors and Mappers (Board) proposes the following rules pursuant to its rulemaking authority:Rules 5J-17.011, 5J-17.020, 5J-17.021, 5J-17.022, 5J-17.025, 5J-17.040, 5J-17.043, 5J-17.044, 5J-17.045, 5J-17.047, 5J-17.048, 5J-17.050, 5J-17.051, 5J-17.052, 5J-17.053, 5J-17.060, 5J-17.062, F.A.C.

The Department of Agriculture and Consumer Services (Department) proposes the following rules pursuant to its rulemaking authority: Rules 5J-17.041, 5J-17.042, 5J-17.053, F.A.C.

If adopted, the proposed language changes will provide more clarity to a maximum penalty available to discipline a first and second offense offender; will simplify the evidence needed to verify an applicant’s experience; will expand and clarify the type of bachelor’s degree allowed for the required educational requirements; will provide clarity in what is required to be a surveyor-in-training; will repeal obsolete rules; will simplify the continuing education requirements for reactivation of an inactive license; will allow for the carryover of additional continuing education credits from one biennium to another; will provide clarity for proof of continuing education when attending state or national professional association meetings; will establish criteria to qualify continuing education providers; will establish a concise method for continuing education providers to provide to the Department what they have provided to their students; will eliminate the language concerning the Board regulating continuing education courses; will streamline the process of applying for a reinstatement of a null and void license; will eliminate a definition that might otherwise lack clarity for the profession; will simplify the area of potential boundary inconsistencies; will clarify the duty of surveyors and mappers to provide records upon the Department’s request; will simplify the signing and sealing process within the profession; and will clarify the procedures for signing and sealing electronically transmitted surveys.

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: These changes are to comply with corresponding changes to Chapter 472, F.S., to streamline the rules that govern the profession, and to remove obsolete language or repeal rules created by those changes. There are no anticipated increased regulatory costs associated with these changes. 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: 472.006(5), 472.008, 472.011, 472.013, 472.018, 472.019(2), 472.0202, 472.025, 472.027 FS.

LAW IMPLEMENTED: 472.005, 472.008, 472.011, 472.013, 472.018, 472.019(2), 472.0202, 472.025, 472.027, 472.031, 472.033, 472.0337, 472.0351 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: Jenna L. Harper, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS

 

5J-17.011 Disciplinary Guidelines.

(1) No change.

(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

(a) through (g) No change.

(h) Failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provision of this chapter, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department;

(Section 472.0351(1)(h), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250.00 fine, probation, and compliance with legal obligation.	$500.00 fine and probation or suspension until compliance with legal obligation.
SECOND OFFENSE	$500.00 fine and probation or suspension until compliance with legal obligation.	$750.00 fine and probation or suspension until compliance with legal obligation plus extended probation.
THIRD OFFENSE	$750.00 fine and probation or suspension until compliance with legal obligation plus extended probation.	$1,000.00 fine and revocation.

 

(i) through (j) No change.

(k) Failing to report to the department any person who the the licensee knows is in violation of this chapter or the rules of the department or the board;

(Section 472.0351(1)(k), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250.00 fine and compliance with rule.	$500.00 fine and suspension until compliance with rule.
SECOND OFFENSE	$500.00 fine and suspension until compliance with rule.	$750.00 fine and suspension until compliance with rule followed by probation.
THIRD OFFENSE	$750.00 fine and suspension until compliance with rule followed by probation.	$1,000.00 fine and revocation

 

(l) through (r) No change.

(3) No change.

Rulemaking Authority 472.008 FS. Law Implemented 472.031, 472.0351 FS. History–New 3-13-03, Amended 3-17-04, 9-19-06, Formerly 61G17-2.0015, Amended 11-13-17,              .

 

5J-17.020 Applications for Licensure: Experience.

(1) To verify an applicant’s experience the Board will accept evidence as to employment from employers or supervisors who are registered surveyors and mappers, and if such evidence is unavailable, the Board will consider written documentation from a registered surveyor and mapper who has personal knowledge of the applicant’s experience. Such evidence shall set forth the quality and character of the applicant’s duties and responsibilities.  A NCEES Record will be acceptable as evidence.

(2) through (3) No change.

Rulemaking Authority 472.008 FS. Law Implemented 472.013 FS. History–New 1-3-80, Amended 6-9-80, 1-11-84, Formerly 21HH-3.01, Amended 1-16-92, Formerly 21HH-3.001, Amended 5-30-95, 10-1-97, 5-17-00, 3-25-01, 7-7-09, Formerly 61G17-3.001, Amended 11-13-17,                   .

 

5J-17.021 Applications for Licensure: Education.

(1) To determine whether an applicant for licensure has met the educational requirements of Section 472.013(2)(a), F.S., the applicant must demonstrate that he/she has:

(a) Graduated from a college or university approved by the Board pursuant to Rule 5J-17.003, F.A.C.; and,

(b) Completed a bachelor’s degree, its equivalent, or higher in surveying and mapping or a similar titled program, including, but not limited to, geomatics, geomatics engineering, and land surveying from a college or university recognized by the board and accredited by degree program in surveying and mapping accredited in surveying and mapping by the Accreditation Board for Engineering and Technology (ABET).

(2) To meet the educational requirements, For surveying and mapping programs that are non-ABET accredited an applicant who completed a non-ABET accredited program the must have surveying and mapping degree program shall require 4 years or more and meet the following criteria:

(a) Graduated from a college or university approved by the Board pursuant to Rule 5J-17.003, F.A.C.; and

(b) Completed a bachelor’s degree, its equivalent, or higher in surveying and mapping or a similar titled program, including, but not limited to, geomatics, geomatics engineering, and land surveying that meets the following criteria:

1.(a) Eighteen (18) minimum semester credits in communications, social science, and humanities;

2.(b) Eight (8) minimum semester credits in physical and/or biological science;

3.(c) Six (6) minimum semester credits in mathematics;

4.(d) Thirty (30) minimum semester credits of surveying and mapping courses including but not limited to measurement theory, survey graphics, adjustments, cartography, photogrammetry, geodesy, computations, GIS theory, legal principles, survey practice, boundary surveying, topographic mapping, route surveying, construction surveying, subdivision design, geodetic surveying, and GIS applications;

5.(e) Coverage of at least five (5) of seven (7) surveying and mapping science areas, which are: (1) field surveying instruments and methods, (2) land boundary principles, (3) photogrammetric mapping and image interpretation and remote sensing, (4) surveying calculation and data adjustments, (5) geodetic coordinates, (6) cartographic representation, projections, and map production, and (7) geographic information systems; and,

(3) To determine that whether an applicant for licensure has met the educational requirements of Section 472.013(2)(b), F.S., the applicant must demonstrate that he/she has:

(a) Graduated from a college or university approved by the Board pursuant to Rule 5J-17.003, F.A.C.; and

(b) Completed a bachelor’s degree, its equivalent, or higher, at an accredited college or university that does not conform to paragraph (1)(b) or subsection (2) of this section. The applicant must have completed a minimum of 25 semester hours from a college or university approved by the board in surveying and mapping subjects specific four (4) year course of study which included at least thirty-two (32) semester hours of study, or its academic equivalent, which included twenty-five (25) semester hours or thirty-seven (37) quarter hours in courses labeled by the college or university as courses in surveying and mapping or in any combination of courses in civil engineering, forestry, mathematics, photogrammetry, land law, and the physical sciences.

(4) The Board shall make the final decision regarding qualifications of programs and shall determine whether an applicant shall be approved for admittance to the examination or for licensure by endorsement.

Rulemaking Authority 472.013 FS. Law Implemented 472.005, 472.013 FS. History–New 9-7-93, Amended 5-30-95, 10-1-97, 5-17-00, 11-2-00, 2-5-01, Formerly 61G17-3.0021, Amended 11-13-17,              .

5J-17.022 Applications for Surveyor and Mapper Intern/Surveyor in Training.

(1) To meet determine whether an applicant for a surveyor and mapper intern has met the educational requirements of Section 472.013(3) F.S., the applicant must demonstrate that he/she is:

(a) Obtain the required semester hours pursuant to Section 472.013(3)(a) or (b), F.S., In the final year, or is a graduate of, an approved surveying and mapping curriculum in a college or university approved by the Board pursuant to Rule 5J-17.003, F.A.C.; and must:

(b) Provide an official transcript from the college or university, or a Letter of Good Standing as supplied in “Board of Professional Surveyors and Mappers Application for Licensure as Surveyor in Training,” FDACS-10055, Rev. 02/12, incorporated by reference in paragraph 5J-17.029(1)(c), F.A.C., which was completed by the college or university., and if pursuing licensure under section 472.013(3)(b), F.S., must:

(c) Provide evidence of specific surveying and mapping experience pursuant to Rule 5J-17.020, F.A.C.

(2) Approval of the Application for Surveyor in Training by the Board will allow the person individual to take the Fundamentals of Surveying (FS) examination.

Rulemaking Authority 472.013 FS. Law Implemented 472.013 FS. History–New 11-13-17,               .

 

5J-17.025 Domestic Equivalency Education Program Criteria for Applicants Who Graduated from Non-ABET Accredited Surveying and Mapping Degree Programs.

Rulemaking Authority 472.013 FS. Law Implemented 472.008, 472.013 FS. History–New 1-29-07, Formerly 61G17-3.0025, Amended 11-13-17, Repealed                  .

 

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 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-17.044(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 5-11-15, 11-13-17,                  .

 

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. Up to twelve (12) continuing education credits earned beyond the required twenty-four (24) may be carried forward to the following renewal period. 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 Ccompletion 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. 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 Ccompletion 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 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, on a one time basis.

(c) A licensee’s attendance, unrelated to disciplinary action against them, 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.

(d)1. through 2. No change.

(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.

(f) Completion of courses or seminars offered as part of a state or national professional association meeting whose primary purpose is to promote the profession of surveying and mapping.

(g) (f) No change.

(2) For preparation of continuing education course materials and teaching the course for credit, the licensee shall be awarded double the course credit hours for the first time teaching.

(2) through (4) renumbered (3) through (5) 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, 5-11-15, 11-13-17,            .

 

5J-17.042 Proof of Continuing Education Credit Earned.

The following documentation shall constitute proof of continuing education credit:

(1) through (5) No change.

(6) A dated certificate or letter acknowledging membership on official stationery from a national or state professional association to the licensee specifying the dates of the licensee’s membership;

(7) A dated certificate or letter of recognition on official stationery from a state or national professional association to the licensee confirming the licensee’s office or chairmanship and the dates thereof;

(8) through (10) renumbered (6) through (8) No change.

(9) A certificate of completion of a course or seminar taken in a surveying and mapping related discipline at a state or national professional association meeting, along with documentation from the association or organization issuing the certificate.

Rulemaking Authority 472.008, 472.018 FS. Law Implemented 472.018, 472.033 FS. History–New 3-28-94, Amended 5-30-95, 10-13-97, 5-31-00, Formerly 61G17-5.0032, Amended 11-13-17,              .

 

5J-17.043 Board Approval of Continuing Education Providers.

(1) Applicants for continuing education provider status must meet the requirements of subsections (2) and (3) of this rule to demonstrate the education and/or the experience necessary to provide continuing education instructional courses and seminars to instruct professional surveyors and mappers in the conduct of their practice, and they must renew and be approved under this rule by May 31st of every odd-numbered year.

(2) To demonstrate the education and/or the experience necessary to provide continuing education instructional courses and seminars to instruct professional surveyors and mappers in the conduct of their practice for continuing education credit, an applicant for continuing education provider status must be either a vendor of equipment or software used in the practice of surveying and mapping, a regionally accredited educational institution, a commercial educator, a governmental agency, a state or national professional association that promotes any aspect of the profession of surveying and mapping as defined in Chapter 472 F.S., or a surveyor and mapper with a Florida license to practice surveying and mapping who is not under disciplinary restrictions pursuant to any order of the Board. In addition, the applicant must demonstrate particular education, experience or skill which sets the applicant apart from the surveyors and mappers whom the applicant proposes to instruct.

(3) through (4) No change.

(5) No provider may conduct a continuing education course or seminar for credit upon written notice that the Board, through its Executive Director, objects to the course or seminar. Rather, upon receipt of the objection, the provider may request to appear before the Continuing Education Committee of the Board to resolve the objection.

(5)(6) No change.

(6)(7) The Board and the Department retain the right and authority to audit and/or monitor programs and review records and course materials given by any provider approved pursuant to this rule. The Department shall rescind the provider status or reject individual programs given by a provider if the provider disseminates any false or misleading information in connection with the continuing education programs, or if the provider fails to conform to and abide by the rules of the Board.

Rulemaking Authority 472.008, 472.011, 472.018 FS. Law Implemented 472.011, 472.018 FS. History–New 3-28-94, Amended 5-30-95, 5-31-00, 8-18-03, Formerly 61G17-5.0041, Amended 11-13-17,               .

5J-17.044 Obligations of Continuing Education Providers.

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

(1) Furnish the Board with a list of courses being offered, which shall include each course name, instruction method,  and total number of credit hours to be awarded for each course successfully completed. If courses are removed, or no longer offered at any point during the biennium, the continuing education provider shall notify the Board in writing within thirty (30) days.

(2)(1) No change.

(3)(2) Furnish each participant with an individual certificate of completion 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 total number of credit hours continuing education category fulfilled by the course.

(3) through (5) renumbered (4) through (6) No change.

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

(7) through (8) renumbered (8) through (9) No change.

(10)(9) Allow only one (1) continuing education credit for no more or no less than fifty (50) minutes of classroom, audio or video instruction.

(10) through (11) renumbered (11) through (12) No change.

(12) 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.

(13) No change.

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

(14)(15) No change.

(16) A course or seminar on Standards of Practice must focus on each 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 does not focus on case law.

(15)(17) No change.

(16)(18) Online/internet courses shall be treated as correspondence courses for continuing education purposes, as set forth in subsection (11) (10), above.

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, 5-11-15, 11-13-17,                .

5J-17.045 Evaluations of Continuing Education Providers.

(1) The Board shall evaluate continuing education providers courses or seminars offered to professional surveyors and mappers for credit by:

(a) through (b) No change.

(2) No change.

Rulemaking Authority 472.008, 472.018 FS. Law Implemented 472.018 FS. History–New 3-28-94, Amended 5-30-95, 5-31-00, 8-18-03, Formerly 61G17-5.0044, Amended           .

5J-17.047 Approval of Continuing Education Courses.

Rulemaking 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 61G17-5.0051, Amended 10-17-12, Repealed               .

 

5J-17.048 Reinstatement of Null and Void License.

(1) An applicant seeking reinstatement of a license which has become null and void shall submit a Florida Surveyor and Mapper application for reinstatement of a null and void surveyor and mapper license in which the applicant shall:

(a) through (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 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 5-11-15,                   .

5J-17.050 Definitions.

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

(1) through (9) No change.

(10) Redundancy measurement: One or more measurements that independently verifies another set of measurement(s) to the same point, to identify and minimize errors.

(10) (11) No change.

(11) (12) Survey: The result of any professional service or work resulting from the practice of Surveying and Mapping as defined in Chapter 472, F.S., which includes, As-built/Record Surveys, Boundary Surveys, Construction Layout Surveys, Condominium Surveys, Construction Control Surveys, Control Surveys, Elevation Surveys, Hydrographic/Bathymetric Surveys, Tidal or non-tidal Water Boundary Surveys, Photogrammetric Surveys (including Orthorectified Imagery), Quantity Surveys, and Topographic Surveys, whether it is measured by direct or remote sensing methods.

(13) through (14) renumbered (12) through (13) No change.

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 5-11-15, 11-13-17,                 .

5J-17.052 Standards of Practice - Boundary Survey Requirements.

              (1) Boundaries of Real Property:

              (a) The surveyor and mapper shall make a determination of the position of the boundary of real property in complete accord with the real property description shown on the survey map or report and map. In order to ensure adequate and defensible real property boundary locations:

1. Every parcel of land whose boundaries are surveyed shall be made to conform with the record title boundaries of such land, taking into account relevant requirements of law concerning whether the survey is original or a resurvey.

2. Prior to making the survey, the licensee shall perform research of records with sufficient scope and depth to identify with reasonable certainty:

a. The location of the record boundaries,

b. Conflicting record and ownership boundary locations within, abutting or affecting the property or access to same,

c. None of the above is intended to require the surveyor to perform a title search.

3. A field survey shall be made locating monuments and evidence of occupation, appropriate or necessary and coordinate the facts of said survey with the analysis of the record boundaries title.

(b) through (i) No change.

(2) Boundary Monuments:

(a) through (e) No change.

(f) Side ties to locate or set monuments shall be substantiated by multiple a redundancy of measurements.

(3) Boundary Inconsistencies:

(a) Potential boundary inconsistencies shall be addressed and that the survey process did not attempt to detect shall be clearly indicated and explained on the survey map or in the report. Where evidence of inconsistency is found, the nature of the inconsistency shall be shown upon the survey map, such as:

1. Overlapping descriptions or hiatuses,

2. Excess or deficiency,

3. Conflicting boundary lines or monuments, or

4. Doubt as to the location on the ground of survey lines or property rights.

(b) through (d) No change.

(4) through (6) 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 5-11-15, 11-13-17,               .

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 is intended to actually will be.

(c) through (i) No change.

(2) through (4) No change.

(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 drawings, plans, specifications, plats, and reports as well as one copy of all related calculations and field notes. Additionally, the documented research of records and written notification regarding lack of insurance shall be retained for a minimum of six years from the date of creation. These records may be kept in hard copy or electronic or digital format.  Licensees shall provide these records to the Department and Board upon request. The failure to do so shall constitute cause for discipline.

(b) No change.

(6) No change.

Rulemaking Authority 472.006(5), 472.027 FS. Law Implemented 472.027, 472.033, 472.0337, 472.0351 FS. History–New 5-11-15, Amended 11-13-17,           .

 

5J-17.060 Seals Acceptable to the Board.

(1) The Board hereby establishes the following acceptable forms of metal-type impression seals, whether impression or ink stamp:

I through IV No change.

 

V

 

 

 

 

 

 

__________________________________

(2) through (6) No change.

(7) Surveyors and Mappers who have been granted a temporary certificate to practice in Florida are required to use Seal V.

(8)(7) Surveyors and mappers who electronically wish to sign and seal electronically transmitted plats, reports, or other documents shall follow the procedures set forth in Rule 5J-17.062, F.A.C.

Rulemaking Authority 472.008, 472.025 FS. Law Implemented 472.025 FS. History–New 1-3-80, Amended 6-9-80, Formerly 21HH-7.01, 21HH-7.001, Amended 5-30-95, 10-25-95, 12-13-99, 11-18-01, 10-23-02, Formerly 61G17-7.001, Amended        .

 

5J-17.062 Procedures for Signing and Sealing Electronically Transmitted Surveys Plans, Specifications, Reports or Other Documents.

(1) No change.

(2) A license holder may use a computer generated representation of his or her seal on electronically conveyed work; however, the final hard copy documents of such surveying or mapping work must contain an original signature and seal of the license holder and date or the documents must be accompanied by an electronic signature as described in this section. A scanned image of an original signature shall not be used in lieu of an original signature and seal or electronic signature. Surveying or mapping work that contains a computer generated seal shall be accompanied by the following text or similar wording: “The seal appearing on this document was authorized by [Example: Leslie H. Doe, P.S.M. P.E. 0112 on (date)]” unless accompanied by an electronic signature as described in this section.

(3) through (4) No change.

Rulemaking Authority 472.008, 472.025 FS. Law Implemented 472.025 FS. History–New 2-1-00, Amended 12-16-07, Formerly 61G17-7.0025, Amended 11-13-17,                 .

NAME OF PERSON ORIGINATING PROPOSED RULE:  Board of Professional Surveyors and Mappers and Amy Topol, Director, Division of Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE:  Board of Professional Surveyors and Mappers and Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APROVED BY AGENCY HEAD:  Board on February 7, 2018 and Department on March 27, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR:  October 27, 2017