These rule changes are intended to amend, modernize and streamline the rules and forms that govern the profession of surveying and mapping in the state of Florida. The proposed changes will incorporate a new department form ....

NOTICE OF PROPOSED RULE

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

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

5J-17.029Application Deadlines

5J-17.036Grades Review Procedure

5J-17.037Re-examination

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

5J-17.048Reinstatement of Null and Void License

5J-17.086Appointment to the Board

PURPOSE AND EFFECT: These rule changes are intended to amend, modernize and streamline the rules and forms that govern the profession of surveying and mapping in the state of Florida. The proposed changes will incorporate a new department form and update currently incorporated department forms. 

SUMMARY: The Board of Professional Surveyors and Mappers (Board) proposes the following rules pursuant to its rulemaking authority: Rules 5J-17.022, 5J-17.039 and 5J-17.048, F.A.C.

The Department of Agriculture and Consumer Services (Department) proposes the following rule pursuant to its rulemaking authority: Rule 5J-17.029, 5J-17.036, 5J-17.037, 5J-17.039 and 5J-17.086, F.A.C.

If adopted, the proposed rules will incorporate a newly created renewal application.  In addition, incorporated license applications will be updated for consistency, the post exam review will reflect up-to-date information, and the notary section on the appointment questionnaire will be statutorily compliant.

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 will streamline and clarify the license process by adding and amending incorporated department forms.  There are no anticipated increased regulatory costs associated with these changes. Additionally, no interested party submitted additional information regarding the economic impact.

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, 472.006(6), 472.008, 472.013, 472.0131, 472.0131(3), 472.0202, 472.0202(6)(b), 472.027 FS

LAW IMPLEMENTED: 472.006, 472.007(2), 472.011, 472.013, 472.0131, 472.0131(3), 472.015, 472.0202, 472.0202(6)(b), 472.027, 472.0365 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: Liz Compton, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

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

(1) To meet the educational requirements of Section 472.013(3) F.S., the applicant must:

(a) No change.

(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. XX/22 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) No change.

Rulemaking Authority 472.013 FS. Law Implemented 472.013 FS. History–New 11-13-17, Amended 7-15-18,              .

5J-17.029 Application Deadlines.

(1)(a) Applicants applying for a professional surveyors and mappers examination shall submit their completed 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) A person wishing to apply for licensure by examination or licensure by endorsement shall submit a completed application to the Board by applying online at: www.FDACS.gov https://csapp.800helpfla.com/csrep/. In lieu of completing an application online, an applicant shall obtain the application entitled “Board of Professional Surveyors and Mappers Application For Licensure By Examination or Endorsement,” FDACS-10050, Rev. XX/22 02/12, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-            01343. Applications deemed complete by the Board will be reviewed by the Bboard or contracted vendor to determine eligibility at a date and time scheduled by the Board.

(c) A person wishing to apply for designation as a surveyor in training (SIT) shall submit a completed application to the Board by applying online at: www.FDACS.gov https://csapp.800helpfla.com/csrep/. In lieu of completing an application online, an applicant shall obtain the application entitled “Board of Professional Surveyors and Mappers Application For Licensure As Surveyor In Training,” FDACS-10055, Rev. XX/22 02/12, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-      01344. Applicants shall submit their completed application no less than 90 days prior to scheduled examination or no less than 45 days prior to a scheduled meeting.

(d) No Change.

(2) No Change.

Rulemaking Authority 472.008 FS. Law Implemented 472.011, 472.0131, 472.015, 472.0365 FS. History–New 10-17-12, Amended 11-13-17,                 .

5J-17.036 Grades Review Procedure.

(1) No Change.

(2) Those candidates who elect to exercise their right to review must submit a request in writing to the Department or the testing vendor. An examinee shall submit a completed form known as “Board of Professional Surveyors and Mappers Post Examination Review Request,” FDACS-10063, Rev. XX/22 02/12, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-        01348.

(a) through (b) No Change.

(3) through (6) No Change.

Rulemaking 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 10-17-12,               .

5J-17.037 Re-examination.

An individual who fails to pass or take the examination as scheduled may re-take the examination. To obtain approval to re-take the examination, an individual must obtain and complete an application for re-examination entitled “Board of Professional Surveyors and Mappers Application for Examination or Reexamination,” FDACS-10051, Rev. XX/22 08/17, hereby incorporated by reference. Copies of the form may be obtained from the Board Office or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-      08762. Applicants must also submit payment of the proper fee.

Rulemaking Authority 472.0131 FS. Law Implemented 472.013, 472.0131 FS. History–New 1-3-80, Formerly 21HH-4.07, 21HH-4.007, Amended 5-30-95, 9-26-01, Formerly 61G17-4.007, Amended 11-13-17,                 .

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. A person wishing to apply for licensure renewal shall submit a completed application by applying online at: www.FDACS.gov. In lieu of completing an application online, an applicant shall obtain the application entitled “Board of Surveyors and Mappers Renewal Application”, FDACS-10068, XX/22, hereby incorporated by reference.  Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-   .              The application for renewal shall be considered timely filed if the payment received in the form of a money order, sufficiently funded check, or electronic draft in the correct amount is postmarked 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 renewal through the Department’s website, https://csapp.800helpfla.com/csrep. 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. The licensee must meet all continuing education requirements as specified in this chapter.

(2) through (3) No Change.

Rulemaking Authority 472.006, 472.0202 FS. Law Implemented 472.006, 472.0202 FS. History–New 10-17-12, Amended 11-13-17,               .

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 to the Board a “Board of Professional Surveyors and Mappers Request for Determination of Eligibility to Apply for a Reinstatement of Null and Void License”, FDACS-10067, Rev. XX/22 05/19, hereby incorporated by reference. Copies of the form may be obtained from the Board office or online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-       10850; in which the applicant shall:

(a) through (h) No Change. 

(2) If the Board determines the applicant is eligible to apply for a reinstatement of licensure the applicant shall submit to the Board a “Board of Professional Surveyors and Mappers Application For Reinstatement of Null and Void License,” FDACS-10052, Rev. XX/22  05/19, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-       10849.

(a) through (e) No Change.

(3) No Change.

Rulemaking Authority 472.008, 472.0202(6)(b), 472.027 FS. Law Implemented 472.0202(6)(b), 472.027 FS. History–New 6-20-06, Formerly 61G17-10.001, Amended 5-11-15, 7-15-18, 8-15-19,                   .

5J-17.086 Appointment to the Board.

Persons wishing to apply for appointment to serve as a member of the Board of Professional Surveyors and Mappers must complete “Board of Professional Surveyors and Mappers Appointment Questionnaire” FDACS-10059, Rev. XX/22 02/17, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-           08765.

Rulemaking Authority 472.006(6) FS. Law Implemented 472.007(2) FS. History–New 11-13-17, Amended             .

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Professional Surveyors and Mappers and Commissioner of Agriculture Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: Board of Surveyors and Mappers on January 25, 2022, February 24, 2022, and April 26, 2022; Department of Agriculture and Consumer Services on August 31, 2022.

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 1, 2022