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. 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 Rule 5J-17.029 and Rule 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-17.80 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 Rules 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 help maintain the financial integrity of the Board.
SUBJECT AREA TO BE ADDRESSED: As stated above, the subject area of the proposed rules include: Licensure, Discipline, Probation, Examinations, Continuing Education, Licensure of Foreign Trained Exiles, and a Special Assessment Fee Against Licensees.
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 IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: September 7, 2010, 2:30 p.m.
PLACE: 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500
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, Esquire 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Bennett M. Miller, Esq., 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.