Probable Cause Panel, Grounds for Discipline, Content of Examination, Continuing Education Requirements for Reactivation of Inactive License, Continuing Education Credit for Biennial Renewal, Obligations of Continuing Education Providers, ...  

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    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

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40 No. 250, December 30, 2014 issue of the Florida Administrative Register.

    5J-17.001 Probable Cause Panel.

    (1) through (3) No change.

    Rulemaking Authority 120.53(1), 472.008, 472.033(4) 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.

    No change to unnumbered preamble.

    (1) through (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-17.053 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

     

    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.

    No change.

    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.

    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.

    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) An applicant seeking reinstatement of a license which has become null and void shall submit 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 (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 Definitions.

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

    (1) through (13) No change.

    (14) Work Pproduct: 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) No change.

    (16) Faithful Agent: a licensee acting in professional surveying matters who safeguards as confidential any information obtained by the licensee as to the business affairs, technical methods or processes of a client or employer, and who avoids or discloses a conflict of interest that might influence the licensee’s actions or judgment.

    (17) Conflict of Interest: a conflict between one’s duty to act for the benefit of the public or a specific individual or entity, and the interests of self or others; which conflict has the potential of influencing, or the appearance of influencing, the exercise of one’s professional judgment in carrying out that duty.

    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: General Survey, Map, and Report Content Requirements.

    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: Specific Survey, Map, and Report Requirements.

    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.

    No change.

    Rulemaking Authority 472.027 FS. Law Implemented 472.027. History-New ________.