These rule changes are intended to amend, modernize and streamline the rules 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 ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-17.007Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States

5J-17.021Applications for Licensure: Education

5J-17.048Reinstatement of Null and Void License

5J-17.070Fees

5J-17.085Survey Review

PURPOSE AND EFFECT: These rule changes are intended to amend, modernize and streamline the rules 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. These rules provide guidance to applicants seeking a military waiver of an initial or renewal registration fee and amend the waiver of fees for military members and their spouses to align with the statuary changes. Also, the proposed changes will provide clarification on acceptable verification of education, will restructure the continuing education requirements of those seeking reinstatement of null and void licenses and incorporate Department forms, and will streamline the survey review process.

SUMMARY: The Board of Professional Surveyors and Mappers (Board) proposes the following rules pursuant to its rulemaking authority: Rules 5J-17.007, 5J-17.021, 5J-17.048 and 5J-17.085, F.A.C..

The Department of Agriculture and Consumer Services (Department) proposes the following rule pursuant to its rulemaking authority: Rule 5J-17.070, F.A.C.

If adopted, the proposed language will amend and update the waiver of fees for military members and their spouses to align with changes in statute; they will provide clarification on what is deemed acceptable verification of education; they will restructure the continuing education requirements of those seeking reinstatement of null and void licenses so that the education may be taken after the Board reviews the reinstatement request; they will provide guidance to applicants seeking a military waiver of an initial or renewal registration fee; and they will amend the time period probationers are given to submit their survey lists from 120 days to 90 days, thus streamlining the survey review process.

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., related to military waivers. These rule changes waive particular fees for active military and their spouses and restructure the process for reinstatement of null and void license to be more cost effective for applicants. In addition, these changes will streamline, clarify, and restructure the rules that govern the profession, and remove obsolete language or repeal rules created by those changes. 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: 472.008, 472.011, 472.013, 472.016(2), 472.019, 472.0202(6)(b), 472.027 FS.

LAW IMPLEMENTED: 472.005, 472.011, 472.013, 472.015, 472.016(2), 472.019(2), 472.0202(6)(b), 472.023, 472.027, 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-17.007 Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States.

Spouses of members of the United States Armed Forces of the United States are exempt from licensure renewal provisions, but only in cases of absence from the state because of their spouses’ duties with the United States Armed Forces. Copies of the military orders requiring the change in duty station must be sent to the Board office in order to qualify for the exemption. Upon receipt of the military orders by the Board office confirming exemption eligibility, the spouse’s license will be placed on inactive status with no fee required. Reactivation of the inactive license will not require payment of the fee set forth in rule 5J-17.070, F.A.C. The license will remain in inactive status for up to two renewal cycles at which time the licensee must either renew this exemption, before expiration, by submitting a current set of orders establishing eligibility for the exemption or reactivate the license. The licensee may reactivate the license by submitting an application for change of status from inactive to active and will not be required to pay the fee set forth in rule 5J-17.070, F.A.C., nor be required to comply with any rules setting conditions for reactivation of licensure, including continuing education requirements imposed by section 455.271(10), F.S. If a license is not reactivated nor the exemption renewed by the expiration date, the license shall become delinquent. Reactivation of the delinquent license will not require payment of the fee set forth in rule 5J-17.070, F.A.C.

Rulemaking Authority 472.016(2) FS. Law Implemented 472.016(2) FS. History–New 6-17-04, Formerly 61G17-1.020, Amended_____.

 

5J-17.021 Applications for Licensure: Education.

(1) No change.

(2) To meet the educational requirements, an applicant who completed a non-ABET accredited program must have:

(a) No change.

(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. through 3. No change.

4. 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; and,

5. 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) No change.

(4) To verify the applicant’s education the applicant shall provide the Board an official transcript submitted directly from the college or university, or a National Council of Examiners for Engineering and Surveying (NCEES) Record submitted directly from NCEES.

(5)(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 472.008, 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, 7-15-18,               .

 

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, 01/19, 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-_____; a Florida Surveyor and Mapper application for reinstatement of a null and void surveyor and mapper license in which the applicant shall:

(a) Pay a non refundable application fee of $125.00

(b) (a) Answer questions regarding the applicant’s education, employment, and criminal history;

(c) (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 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) Submit evidence of completion of all continuing education requirements for twenty-four (24) months prior to the applicant’s application for reinstatement of his or her null and void license in accordance with rule 5J-17.042, F.A.C., to demonstrate that the applicant has satisfied all continuing education requirements;

(e) through (i) redesignated (d) 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 01/19, 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-    Pay a non-refundable application fee of $125.00.

(a)(3) No change.

(b) Submit a written statement of when the applicant’s surveyor and mappers license was last active and in good standing with the Board;

(c) Answer questions regarding the applicant’s criminal history;

(d) Submit a copy of the final order from the Board approving the applicant’s eligibility to apply for a reinstatement of a null and void license;

(e) Submit evidence in accordance with rule 5J-17.042, F.A.C. of completion of one (1) continuing education credit in surveying and mapping related courses or seminars for each month that the applicant’s license was delinquent.

(3) The applicant’s license shall not be reinstated until the requirements of subsection (2) have been satisfied and the Board issues a final order reinstating the applicant’s license.

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,                .

 

5J-17.070 Fees.

(1) through (19) No change.

(20) Pursuant to section 472.015(3)(b), F.S., the following persons are eligible for a waiver of the initial registration fee: aAn honorably discharged veteran of the United States Armed Forces, the spouse or surviving spouse of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member if the member died while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse. requesting a Persons seeking a fee waiver of the initial registration fee pursuant to section 472.011(1), F.S., shall submit complete FDACS-10991, Military Veteran Fee Waiver Request, 10/18 10/16, incorporated by reference in rule 5J-26.001, F.A.C., An applicant requesting a fee waiver shall submit a completed Military Veteran Fee Waiver Request and provide all required supporting documentation at the time the applicant submits their initial applications referenced in subsection (1).

Rulemaking Authority 472.011, 472.019 FS. Law Implemented 472.011, 472.015, 472.011, 472.019(2), 472.023 FS. History–New 1-5-95, Amended 4-2-98, 7-27-00, 6-20-06, Formerly 61G17-8.0011, Amended 11-13-17,                .

 

5J-17.085 Survey Review.

(1) A probationer submitting surveys for review shall:

(a) Provide the Board with a list of all signed and sealed surveys, which shall contain a minimum of three (3) surveys, that have been performed by the probationer, for or without compensation, within 90 120 days of the date of the 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) through (d) No change.

(2) through (4) No change.

Rulemaking 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 10-17-12, 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 Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: Board of Surveyors and Mappers on January 24, 2019; Department of Agriculture and Consumer Services on March 21, 2019.

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 25, 2018