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 the fundamental criteria ...

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.: RULE TITLES:

5J-17.002Attendance at Board Meetings

5J-17.003Applications for Licensure: Approved Schools and Colleges

5J-17.010Grounds for Discipline

5J-17.011Disciplinary Guidelines

5J-17.012Payment of Fine

5J-17.015Statement Regarding Lack of Insurance

5J-17.016Time for Compliance With Final Order; Probation

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-17.026Foreign Degree Evaluation

5J-17.027Documentation of Substantially Equivalent Licensing Examination

5J-17.028Application for Retired Status

5J-17.029Application Deadlines

5J-17.031Written Examination Designated; General Requirements

5J-17.032Content of Examination

5J-17.034Grading

5J-17.037Re-examination

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

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-17.050Definitions

5J-17.051Standards of Practice: General Survey, Map, and Report Content Requirements

5J-17.052Standards of Practice: Specific Survey, Map, and Report Requirements

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

5J-17.061Seal and Signature

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

5J-17.063Certificates of Authorization

5J-17.070Fees

5J-17.080Citations

5J-17.081Notices of Noncompliance

5J-17.083Probation

5J-17.084Surrender of Seal and Cancellation of Digital Signature

5J-17.085Survey Review

5J-17.086Appointment to the Board

5J-17.200Definitions

5J-17.400Special Assessment Fee

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 the fundamental criteria for which a surveyor’s work is judged in this state has evolved from Minimum Technical Standards (MTS) to Standards of Practice (SOP) in the last few years. In addition, these changes also seek to remove obsolete language that no longer applies to the profession and remove outdated verbiage that applies to technology no longer deployed in the profession as advances have been made in that area. Also the proposed definitional changes in these rules look to more accurately reflect currently accepted practices and procedures in the profession. Finally, these proposed changes seek to provide a waiver of fees for the initial registration of our honorably discharged veterans and spouses.

SUMMARY: If adopted, the proposed language will include the National Council of Examiners for Engineering and Surveying (NCEES) as one of the organizations qualified to evaluate the substantial equivalency of ABET standards in Rule 5J-17.003, F.A.C.; incorporate new or amend forms in Rules 5J-17.010, 5J-17.022, 5J-17.028, 5J-17.037, 5J-17.043, 5J-17.063, 5J-17.080 and 5J-17.086, F.A.C.; eliminate the discipline associated with the corresponding sections in Chapter 472, F.S. in Rule 5J-17.011; require a notification regarding insurance coverage in Rule 5J-17.015; extend time to pay Final Orders to ninety (90) days to make it consistent with Rule 5J-17.016, F.A.C.; establish criteria for evaluating work experience requirements in Rule 5J-17.020, F.A.C.; provide criteria for applicants that graduate from non-ABET accredited surveying and mapping programs in Rule 5J-17.021, F.A.C.; establish the requirement for an applicant to become a surveyor and mapper intern/surveyor in training in Rule 5J-17.022, F.A.C.; include photogrammetry to the list of surveying and mapping practice specialties in Rule 5J-17.025, F.A.C.; update the contact information of the foreign degree evaluation in Rule 5J-17.026, F.A.C.; more accurately depict the language of the rule to reflect a designation of a Surveyor in Training, rather than a licensure as one in Rule 5J-17.029, F.A.C.; delete “multiple choice” from the type of questions on the Florida Jurisdictional Examination and update examination procedures in Rules 5J-17.031, 5J-17.032 and 5J-17.034, F.A.C.; expand the reach and the hours allowed for various types of continuing education in Rule 5J-17.041, F.A.C.; incorporate form to apply for continuing education provider status and clarifies that the nonrefundable application fee is $200 with a $250 fee for continuing education provider status in Rule 5J-17.043, F.A.C.; eliminate those definitions which had become antiquated or obsolete in the profession of surveying and mapping, and added others that reflect the current terminology and technology in Rule 5J-17.050, F.A.C.; provide clarity to what is required in the profession in regard to what determines vertical accuracy, horizontal accuracy and assumed datum, while eliminating language that is outdated or ambiguous within the profession in Rule 5J-17.051, F.A.C.; redefine, and modernize the requirements specifically related to boundary surveys in Rule 5J-17.052, F.A.C.; expand the coverage of conflict of interest exposure in the profession from county employee to all government employees in Rule 5J-17.053, F.A.C.; eliminate the need for a raised seal as the profession recognizes changes in the distribution of its work product in Rule 5J-17.062, F.A.C.; clarify fees to comply with statute regarding examination fees, continuing education provider status and amend fee language and provides a fee waiver for military veterans in Rule 5J-17.070, F.A.C.; establish a more efficient procedure for those licensees placed on probation in Rule 5J-17.083, F.A.C.; streamline the survey review process of probationers in Rule 5J-17.085, F.A.C.; and a general cleanup and streamline of the remaining rules.

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 streamline the rules and forms that govern the profession, remove obsolete language and provide guidance on how military veterans can obtain a few waiver. 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, (6), 472.008, 472.011, 472.013, 472.013(2)(a), (4), 472.0131, 472.015, 472.018, 472.019, 472.021, 472.025, 472.027, 472.033, 472.0345, 472.0351, 472.0351(4)(b), 472.036 FS.

LAW IMPLEMENTED: 455.225(3), 472.005, 472.005(13), 472.006, 472.007(2), 472.008, 472.011, 472.103, (2)(a), (4), 472.0131, 472.015, 472.018, 472.019, (2), 472.02, 472.0202, (4), 472.021, 472.023, 472.025, 472.027, 472.033, (3), 472.0345, 472.0351 (1)(f), (g), (h), (2), (2)(c), (4)(b), 472.036, 472.0365 472.065 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, (850)410-3674.

THE FULL TEXT OF THE PROPOSED RULE IS:

5J-17.002 Attendance at Board Meetings.

(1) Board members shall attend all regularly scheduled Board meetings unless prevented from doing so by reason of court order, subpoena, business with a court which has the sole prerogative of setting the date of such business, death of a family member, or illness of the Board member, or illness within of the member’s immediate family.

(2) through (4) No change.

Rulemaking Authority 472.007 FS. Law Implemented 472.007 FS. History–New 3-23-93, Formerly 21HH-1.0071, Formerly 61G17-1.0071, Amended .

5J-17.003 Applications for Licensure: Approved Schools and Colleges.

(1) through (2) No change.

(3) Foreign colleges and universities which offer a course of study in surveying and mapping that meets or is substantially equivalent to that set forth by the Accreditation Board for Engineering and Technology ABET are deemed approved by the Board.

(4) In order to demonstrate “substantial equivalency” to an ABET accredited surveying and mapping program, the applicant must demonstrate that the applicant is a graduate of a surveying and mapping degree program that includes not fewer than 32 semester hours of study or its academic equivalent in any of the following surveying and mapping courses: boundary and/or land surveying, geographic and/or land information systems, photogrammetry, mapping and geodesy, remote sensing, civil engineering, surveying, mapping, advanced mathematics, forestry, land law, or other substantially related physical sciences.

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

(6) The applicant must request an evaluation of the substantial equivalency of his or her credentials to ABET standards through the Engineering Credentials Evaluation International, P.O. Box 13084, Baltimore, Maryland 21203-3084; or through Josef Silny & Associates, Inc., P.O. Box 248233, Coral Gables, Florida 33124.

Rulemaking Authority 472.013(4) FS. Law Implemented 472.013(4) FS. History–New 1-3-80, Formerly 21HH-1.10, 21HH-1.010, Amended 5-31-95, 12-31-00, 2-23-05, Formerly 61G17-1.010, Amended .

5J-17.010 Grounds for Discipline.

(1) Persons who wish to file a complaint alleging grounds for discipline may file the complaint by obtaining “Board of Professional Surveyors and Mappers Complaint Form”, FDACS-10065, Rev. 02/17, hereby incorporated by reference. The form may be obtained by mail by writing to: Executive Director of the Florida Board of Professional Surveyors and Mappers, 2005 Apalachee Parkway, Tallahassee, FL 32399-6500 or accessed online at: http://www.flrules.org/Gateway/reference_____.

(2) Discipline follows an adjudication of guilt by the Board. In addition to violations of provisions set forth elsewhere in these rules, the following are grounds for discipline of any licensee as that term is defined in Rule 5J-17.050, F.A.C.

(3)(1) Licensees shall be disciplined for false, fraudulent, deceptive or misleading advertising.

(a) through (b) No change.

(2) through (6) renumbered (4) through (8) No change.

(7) As used in this rule, the term “surveying and mapping” includes platting pursuant to Part I of Chapter 177, F.S.

Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.015, 472.025, 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 5-11-15, .

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) No change.

(b) Attempting to obtain, obtaining, or renewing a license to practice surveying and mapping by bribery, by fraudulent misrepresentation, or through an error of the department or the board;

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

	MINIMUM	MAXIMUM
FIRST OFFENSE	reprimand, $250 fine	denial or suspension followed by a term of probation and $750 fine
SECOND OFFENSE	denial or suspension followed by a term of probation and $750 fine	revocation and $1000 fine

(j) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee; Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession; (Section 472.0351(1)(j), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine	denial of licensure or $500 fine and suspension to be followed by a term of probation
SECOND OFFENSE	$500 fine and probation	denial of licensure or $1000 fine and revocation

(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; Intentionally violating any rule adopted by the board or the department, as appropriate;

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

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine and compliance with rule	$500 fine and suspension until compliance with rule
SECOND OFFENSE	$500 fine and suspension until compliance with rule	$750 fine and suspension until compliance with rule followed by probation
THIRD OFFENSE	$750 fine and suspension until compliance with rule followed by probation	$1000 fine and revocation

(l) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board; Having a license or the authority to practice the regulated profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law;

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

	MINIMUM	MAXIMUM
FIRST OFFENSE	$100 and same penalty imposed by the other jurisdiction	denial of licensure or $250 fine and suspension followed by probation
SECOND OFFENSE	$250 fine and same penalty imposed by the other jurisdiction which at a minimum must include a term of probation	denial of licensure or $500 fine and revocation
THIRD OFFENSE	$500 fine and same penalty imposed by the other jurisdiction which at a minimum must include a term of suspension	denial of licensure or $750 fine and permanent revocation

(m) Making deceptive, untrue, or fraudulent representations in or related to the practice of the professional surveying or mapping or employing a trick or scheme in or related to the practice of professional surveying or mapping;

Having been found liable in a civil proceeding for knowingly filing a flase report or complaint with the department against another licensee; (Section 472.0351(1)(m), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and probation	$750 fine, denial or suspension to be followed by a term of probation
SECOND OFFENSE	$750 fine, denial or suspension to be followed by a term of probation	$1000 fine and denial or revocation

(n) Exercising influence on the client for the purpose of financial gain of the licensee or a third party; Failing to report to the department any person who the licensee knows is in violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or the board;

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

	MINIMUM	MAXIMUM
FIRST OFFENSE	$100 fine	$250 fine and probation
SECOND OFFENSE	$250 fine	$500 fine and suspension to be followed by a term of probation
THIRD OFFENSE	$500 fine and probation	$750 fine and suspension to be followed by a term of probation

(o) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform; Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board;

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

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine	denial of licensure or $500 fine and suspension to be followed by a term of probation
SECOND OFFENSE	$500 fine and probation	denial of licensure or $1000 fine and revocation

(p) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them; Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession;

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

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine	$500 fine and suspension to be followed by probation
SECOND OFFENSE	$500 fine and probation	$750 fine and suspension to be followed by probation
THIRD OFFENSE	$750 fine and suspension to be followed by probation	$1000 fine and revocation

(q) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding; Exercising influence on the client for the purpose of financial gain of the licensee or a third party;

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

MINIMUM

MAXIMUM

FIRST OFFENSE

$250 fine and probation

$500 fine and denial or suspension followed by probation

SECOND OFFENSE

$750 fine and probation

$1000 fine and denial

or permanent revocation

(r) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform;

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

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine and probation	$500 fine and denial or suspension followed by probation
SECOND OFFENSE	$750 fine and probation	$1000 fine and denial or permanent revocation

(s) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them;

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

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine and probation	$500 fine and denial or suspension followed by probation
SECOND OFFENSE	$750 fine and probation	$1000 fine and denial or permanent revocation

(t) Violating any provision of this chapter, the applicable professional practice act, a rule of the department or the board, or a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department;

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

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine and compliance with rule or terms of prior order	$500 fine and suspension until compliance with rule or terms of prior order
SECOND OFFENSE	$500 fine and suspension until compliance with rule or terms of prior order	$750 and suspension until compliance with rule or terms of prior order plus extended probation
THIRD OFFENSE	$750 fine and suspension until compliance with rule or terms of prior order plus extended probation	$1000 fine and revocation

(u) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding;

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

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine	denial of licensure or $500 fine and suspension to be followed by a term of probation
SECOND OFFENSE	$500 fine and probation	denial of licensure or $1000 fine and revocation

(r) Failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper pursuant to Chapter 177, F.S. (Chapter 177 F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine, probation, and compliance with legal obligation	$500 fine and probation or suspension until compliance with legal obligation
SECOND OFFENSE	$500 fine and probation or suspension until compliance with legal obligation	$750 fine and probation or suspension until compliance with legal obligation plus extended probation
THIRD OFFENSE	$750 fine and probation or suspension until compliance with legal obligation plus extended probation	$1000 fine and revocation

(3) When the board finds any surveyor and mapper guilty of any of the grounds set forth in subsection (1), it may enter an order imposing one or more of the following penalties:

(a) Denial of an application for licensure.

(b) Revocation or suspension of a license.

(d) Issuance of a reprimand.

(e) Placement of the surveyor and mapper on probation for a period of time and subject to such conditions as the board may specify.

(f) Restriction of the authorized scope of practice by the surveyor and mapper.

(3)(4) No change.

Rulemaking Authority 472.008, 472.0351 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 .

5J-17.012 Payment of Fine.

All fines imposed by the Board shall be paid within ninety (90) thirty (30) days from the date of the final order entered by the Board unless the final order extends the deadline in any given case.

Rulemaking Authority 472.008, 472.0351(4)(b) FS. Law Implemented 472.0351(2)(c), (4)(b) FS. History–New 10-29-80, Formerly 21HH-2.02, 21HH-2.002, Amended 6-1-95, Formerly 61G17-2.002, Amended .

5J-17.015 Statement Regarding Lack of Insurance.

In addition to the office sign required by Section 472.015, F.S., If neither the business entity nor the individual licensee has professional liability insurance, a written notification shall be provided directly to the client prior to commencement of any work, in the form of a written statement that clearly and conspicuously states to the client that the business entity nor the individual licensee has professional liability insurance. The notice shall be retained for a period of six years from the date of creation pursuant to paragraph 5J-17.053(5)(a), F.A.C. the map and the report, if there is a report, must contain the following printed statement in letters at least 1/4'' high: The survey depicted here is not covered by professional liability insurance.

Rulemaking Authority 472.015 FS. Law Implemented 472.015 FS. History–New 2-20-96, Amended 12-6-06, Formerly 61G17-2.005, Amended .

5J-17.016 Time for Compliance With Final Order; Probation.

(1) through (3) No change.

(4) In cases where the Board imposes probation and/or suspension for violation of Chapter 472, F.S., or of the rules promulgated thereunder, the following conditions shall apply:

(a) No change.

(b) At If the conditions of probation include the submission of surveys, in connection with each probation appearance, in connection with the submission of surveys as required by the licensee being placed on probation, the licensee shall answer questions under oath and shall provide a list of all surveys performed including type of survey, since the entry of the Final Order if it is the first probation appearance or since the last probation appearance if it is other than the first probation appearance. In addition, the licensee shall provide such other information or documentation as is requested by either the Department, the Board or the Probation Committee. The licensee shall forward said documentation to the Board in advance of the probation appearance.

(f) If a licensee’s license is suspended by the Board, and the suspension is stayed pending successful completion of the terms of the Final Order, then if the licensee successfully completes probation, then the suspension shall terminate. However, if the licensee fails to comply with the requirements set forth in this rule or in the Final Order, then the stay shall be lifted. Once the stay is lifted, the licensee’s license shall remain in suspended status until the licensee appears before the Board to demonstrate compliance with the Final Order.

Rulemaking Authority 472.008 FS. Law Implemented 472.0202, 472.0351 FS. History–New 2-23-05, Formerly 61G17-2.006, Amended 10-17-12, .

5J-17.020 Applications for Licensure: Experience.

(1) through (2) No change.

(3) Experience while in “responsible charge” gained through full time employment before an applicant has reached the age of eighteen (18) may not be used to meet the experience record requirements of Section 472.013, F.S., exceptions to said rule shall be made on a case by case basis subject to Board approval.

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 .

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 degree program specific course of study which included at least thirty-two (32) semester hours or forty‑eight (48) quarter hours in courses labeled by the program or university as courses in surveying and mapping or completed a course of study in surveying and mapping accredited in surveying or closely related programs by the Accreditation Board for Engineering and Technology (ABET).

(2) For surveying and mapping programs that are non-ABET accredited, the surveying and mapping degree program shall require 4 years or more and meet the following criteria:

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

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

(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;

(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)(2) No change.

(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 .

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

(1) To 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) 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.

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

Rulemaking Authority 472.013 FS. Law Implemented 472.013 FS. History-New .

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

In order to satisfy the licensure requirements of Section 472.013(2)(a), F.S., a surveyor and mapper applicant who received a surveying and mapping degree from a non-ABET accredited United States college or university must have received the surveying and mapping degree after completing a surveying and mapping degree program of 4 years or more that meets the following criteria:

(1) Twenty-one (21) minimum semester credits in communications, social science, and humanities;

(2) Eight (8) Fifteen (15) minimum semester credits in basic science;

(3) Six (6) Fifteen (15) minimum semester credits in mathematics;

(4) Thirty (30) Forty-five (45) minimum semester credits of surveying and mapping courses with at least 15 semester credits in surveying and mapping sciences including but not limited to measurement theory, survey graphics, adjustments, cartography, photogrammetry, geodesy, computations, GIS theory, and at least 15 semester credits in surveying and mapping practice specialties including but not limited to legal principles, survey practice, boundary surveying, topographic mapping, route surveying, construction surveying, subdivision design, geodetic surveying, photogrammetry and GIS applications;

(5) Coverage of at least five (5) of six (6) surveying and mapping science areas, which are: (1) field surveying instruments and methods, (2) photogrammetric mapping and image interpretation and remote sensing, (3) surveying calculation and data adjustments, (4) geodetic coordinates and astronomy, (5) cartographic representation, projections, and map production, and (6) computer-based multi-purpose cadastre, geographic information systems;

(6) through (7) No change.

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

5J-17.026 Foreign Degree Evaluation.

To determine whether an applicant for licensure with a foreign degree has met the educational requirements of Sections 472.013(2)(a) or (b), F.S., the applicant must provide the Board with a foreign degree evaluation conducted either by Engineering Credentials Evaluation International, P. O. Box 13084, Baltimore, Maryland 21203-3084, or Josef Joseph Silny & Associates, Inc., 7101 SW 102 Avenue, Miami, Florida 33173, P.O. Box 248233, Coral Gables, Florida 33124 or through the National Council of Examiners for Engineers and Surveyors (NCEES), 280 Seneca Creek Road, Seneca, South Carolina 29678.

Rulemaking Authority 472.013(4) FS. Law Implemented 472.013(4) FS. History–New 1-12-03, Formerly 61G17-3.003, Amended .

5J-17.027 Documentation of Substantially Equivalent Licensing Examination.

Rulemaking Authority 472.008 FS., Section 5, Chapter 2002-41, Laws of Florida. Law Implemented 472.008 FS., Section 5, Chapter 2002-41, Laws of Florida. History–New 10-23-02, Formerly 61G17-3.0031, Repealed .

5J-17.028 Application for Retired Status.

(1) A person wishing to apply for Retired Status shall submit a completed application to the Board by applying online at: https://csapp.800helpfla.com/csrep/. In lieu of completing an application online, an applicant shall obtain and complete the application entitled “Board of Professional Surveyors and Mappers Application For Retired Status”, FDACS-10053, Rev. 02/17, hereby incorporated by reference. The application entitled “Surveyor and Mapper Retired Status Application,” SM-4757, are incorporated by reference, effective 9-25-03. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference . The Board shall certify as eligible for Retired Status any applicant who has completed the application form and who has chosen to relinquish or not to renew his or her license.

(2) No change.

Rulemaking Authority 472.008, 472.019 FS. Law Implemented 472.005(13), 472.019 FS. History–New 9-25-03, Formerly 61G17-3.004, Amended .

5J-17.029 Application Deadlines.

(1)(a) through (b) No change.

(c) A person wishing to apply for designation licensure as a surveyor in training (SIT) intern shall submit a completed application to the Board by applying online at: 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. 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 applying for the Surveyor-in-Training (SIT) examination shall submit their completed application no less than 90 days prior to scheduled examination or no less than 45 35 days prior to a scheduled meeting.

(d) No change.

(2)(a) through (c) No change.

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

5J-17.031 Written Examination Designated; General Requirements.

(1) The examination shall consist of the following:

(a) No change.

(b) Florida:

Florida Jurisdictional Multiple Choice Examination prepared by the Department or Board designee

(2) No change.

(3) Only a non-annotated copy of Chapters 95, 161, 177, 472, 718 and Section 287.055, F.S. and Chapters 62B-33 and 5J-17, F.A.C., are permitted at the Florida Jurisdictional Examination testing site. Programmable and non-programmable calculators are permitted so long as they are: hand-held, silent, battery-operated or solar powered, non-printing, self-contained, and without auxiliary memory capabilities, video screens, or peripheral equipment. All such materials including pens and pencils are to be furnished by the applicant. Applicants should come equipped with ordinary drawing instruments.

(4) National Examination security requirements as set forth by the NCEES shall be followed throughout the administration of the NCEES Principles and Practice Examination and the NCEES Fundamentals Examination. Examination security requirements as set forth by the Department or its contracted vendor shall be followed throughout the administration of the Florida Jurisdictional Examination.

Rulemaking Authority 472.008, 472.0131 FS. Law Implemented 472.013, 472.015, 472.0131 FS. History–New 1-3-80, Amended 6-9-80, 1-25-84, 5-22-85, Formerly 21HH-4.01, Amended 9-16-87, 8-30-92, Formerly 21HH-4.001, Amended 5-30-95, 11-15-95, 4-16-96, 8-10-97, 7-27-00, 10-31-08, 7-7-09, Formerly 61G17-4.001, 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%
Rules 5J-17.001 to 5J-17.007, F.A.C. Rules 5J-17.010 to 5J-17.016, F.A.C. Rules 5J-17.040 to 5J-17.047, F.A.C. Rules 5J-17.050 to 5J-17.053, F.A.C. Rules 5J-17.060 to 5J-17.062, F.A.C. Rules 5J-17.080 to 5J-17.085, F.A.C.	Organization & Purpose Grounds for Discipline Continuing Education Standards of Practice Seals, Signatures andCertificates 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, Amended 5-11-15, .

5J-17.034 Grading.

(1) through (5) No change.

(6) Grading Criteria and Passing Scores:

(a) The Principles and Practice Examination and the Fundamentals Examination contain machine graded, multiple choice questions developed by the National Council of Examiners for Engineering and Surveying (NCEES) based upon the results of National Task Analysis Surveys performed periodically. Grades shall be determined by the applicant’s ability to choose the correct answer from several given choices. The minimum score necessary for passing the Principles and Practice Examination and the Fundamentals Examination shall be set by NCEES through the use of a Modified Angoff Method for determining the minimally acceptable raw score necessary to pass the examination. The passing score shall be established by NCEES.

(b) The Florida Jurisdictional Multiple Choice Examination consists of 100 multiple choice questions developed by the Department, or the Department’s contracted vendor. The multiple choice questions will be weighted equally and machine graded. Scores for the multiple choice portion shall be determined by the applicant’s ability to choose the correct answer from several given choices. A passing grade on the Florida Jurisdictional Multiple Choice Examination is defined as 70% of the total possible points.

(c) Scores on each examination shall be reported in a pass/fail format as follows: the Principles and Practice Examination, the Fundamentals Examination, the Florida Jurisdictional Multiple Choice Examination shall have separate scores. A passing score must be achieved on each examination to successfully pass the entire examination in order to obtain licensure, however the three passing scores need not be obtained in one sitting.

(7) No change.

(8) Departmentally developed objective, multiple choice examinations shall be graded by the Department or contracted vendor. The Department or the Department’s contracted vendor shall review the item analysis and any statistically questionable items after the examination has been administered. Based upon this review, the Department or the Department’s contracted vendor shall adjust the scoring key by totally disregarding the questionable items for grading purposes or by multi-keying, giving credit for more than one correct answer per item. All items which do not adequately and reliably measure the applicant’s ability to practice the profession shall be rejected. The Department or its contracted vendor shall calculate each candidate’s grade utilizing the scoring key or adjusted scoring key, if applicable, and shall provide each candidate with a grade report. The only paper that shall be graded is the official answer sheet. No credit shall be given for answers written in a candidate’s examination booklet.

(9) through (12) No change.

Rulemaking Authority 472.0131 FS. Law Implemented 472.0131 FS. History–New 1-3-80, Amended 6-9-80, 8-27-81, 1-25-84, Formerly 21HH-4.04, Amended 8-30-92, Formerly 21HH-4.004, Amended 5-30-95, 11-15-95, 7-27-00, 10-31-08, Formerly 61G17-4.004, 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. 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 . Applicants must also submit upon payment of the proper fee at the next regularly scheduled examination.

Rulemaking Authority 472.013, 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 .

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. The Each 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 application has been postmarked by the United States Postal Service officer 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 application for 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. In order to be complete, the application must have all appropriate spaces filled, be signed or otherwise authenticated by the licensee and include a money order, sufficiently funded check, or electronic draft in the correct amount. The licensee must meet all continuing education requirements as specified in this chapter.

(2) through (3) No change.

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

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) 5J-17.0044(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, .

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. At least six (6) credits must be obtained by completing an approved provider’s course or seminar on Florida’s Standards of Practice, an approved provider’s course or seminar on Florida’s laws affecting the practice of surveying and mapping, or an approved provider’s course combining the aforementioned subject matters. 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) At the Board’s discretion cContinuing education credits may be obtained for:

(a) The instruction or completion 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. A “course in a surveying and mapping subject” is a course such as: civil engineering, forestry, mathematics, photogrammetry, land law, physical sciences, basic surveying and mapping, route surveying, mapping, control surveying, legal principles of boundaries, geodetic astronomy, subdivisions and cartography. 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 completion 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.

a. Between March 1st of each odd numbered year and the last day of February of each even numbered year, a licensee may obtain continuing education credits for up to three live presentations of an approved course during this time period. The amount of the credits awarded shall be equal to the amount of credit awarded for completion of that course.

b. In addition, between March 1st of each even numbered year and the last day of February of each odd number year, a licensee may obtain continuing education credits for up to three live presentations of an approved course during this time period. The amount of the credits awarded shall be equal to the amount of credit awarded for completion of that course.

(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. No more than ten (10) six (6) continuing education credits shall be awarded to a licensee who has researched, written, and published a book, paper, article, or other scholarly work related to surveying and mapping. Continuing education credits shall be awarded only for the biennium in which the work is initially published and approved for credit.

2. The licensee shall submit the published work along with proof of publication 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.

(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 used awarded in one biennium for attendance at local chapter, state or national professional association meetings.

2. A licensee’s completion of courses or seminars that have led to advanced professional certification in a surveying and mapping related discipline are eligible for a maximum of twelve (12) continuing education credits in one biennium.

3.2. 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.

4.3. 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.

(2) through (4) 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, .

5J-17.042 Proof of Continuing Education Credit Earned.

The following documentation shall constitute proof of continuing education credit:

(1) through (9) No change.

(10) A certificate of completion or the transcript of a course or seminar taken in leading to an advanced professional certification in a surveying and mapping related discipline, along with documentation from the association or organization issuing the advanced professional certification.

Rulemaking Authority 472.008, 472.018, 472.033 FS. Law Implemented 472.018, 472.033, 472.0351 FS. History–New 3-28-94, Amended 5-30-95, 10-13-97, 5-31-00, Formerly 61G17-5.0032, Amended .

5J-17.043 Board Approval of Continuing Education Providers.

(1) No change.

(2) To demonstrate the education and/or the experience necessary 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 whose primary purpose is to 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) To allow the Board to evaluate an initial application for continuing education provider status, the applicant must submit an electronic application located at https://csapp.800helpfla.com/csrep/. In lieu of an electronic application, the applicant shall complete the application entitled “Board of Professional Surveyors and Mappers Continuing Education Provider Approval Application”, FDACS-10056, Rev. 02/17, hereby incorporated by reference. Copies of the form may be obtained by contacting the Board Office or accessed online at http://www.flrules.org/Gateway/reference . The applicant shall provide the following:

(a) through (d) No change.

(e) A non refundable application fee of $200, in addition to a $250 fee for continuing education provider status $450;

(f) No change.

(4) through (7) No change.

Rulemaking Authority 472.008, 472.011, 472.018, 472.033 FS. Law Implemented 472.011, 472.018, 472.033 FS. History–New 3-28-94, Amended 5-30-95, 5-31-00, 8-18-03, Formerly 61G17-5.0041, Amended .

5J-17.044 Obligations of Continuing Education Providers.

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

(1) No change.

(2) Furnish each participant with an individual certificate of completion attendance 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 continuing education category fulfilled by the course.

(3) No change.

(4) Continuing education providers must identify in advertisements and on certificates of completion whether the offered continuing education course has been approved for general continuing education credit, laws and rules continuing education credit, Standards of Practice continuing education credit, or a combination of Standards of Practice and laws and rules continuing education credit.

(5) through (18) Renumbered as (4) through (17) No change.

(18) (19) On-line/internet courses shall be treated as correspondence courses for continuing education purposes, as set forth in subsection (10) (11) 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, .

“Substantial rewording of Rule 5J-17.050 follows. See Florida Administrative Code for present text.”

5J-17.050 Definitions.

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

(1) Benchmark: a point, natural or artificial, bearing a marked position whose elevation above or below an adopted datum plane is known.

(2) Boundary Survey: a survey, the primary purpose of which is to document the perimeters, or any portion thereof, of a parcel or tract of land by establishing or re-establishing corners, monuments, and boundary lines, such as for the purposes of describing the parcel, locating fixed improvements on the parcel, dividing the parcel, or platting.

(3) Computation records: Calculations and/or numerical values that are derived from measurements. These records include coordinate geometry data, coordinate list, computer aided drafting files, horizontal and vertical traverse closure, and adjustment computations.

(4) 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.

(5) Corner: a point on a land boundary that designates a change in direction, for example: points of curvature, points of tangency, points of compound curvature and so forth.

(6) 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.

(7) Map of Survey (or Survey Map): a graphical or digital depiction of the facts of size, shape, identity, geodetic location, or legal location determined by a survey. The term “Map of Survey” (Survey Map) includes the terms: Sketch of Survey, Plat of Survey, or other similar titles. “Map of Survey” or “Survey Map” may also be referred to as “a map” or “the map.”

(8) Measurement records: Sufficient data that can be used to reconstruct the measurements, including but not limited to angles and distances to determine locations of fixed improvements, property corners and other points on a survey. These records include field notes, angle and distance measurements and raw data files.

(9) Monument: an artificial or natural object that is permanent or semi-permanent, and used or presumed to occupy any real property corner, point on a boundary line, or reference point.

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

(11) Remote Sensing: The process of acquiring knowledge about physical features by analyzing data obtained from instrumentation located at a distance from the features being examined.

(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, Hydrographic/Bathymetric Surveys, Tidal or non-tidal Water Surveys, Photogrammetric Surveys (including Orthorectified Imagery), Quantity Surveys, and Topographic Surveys, whether it is measured by direct or remote sensing methods.

(13) Survey and Map Report: a written or digital document, that adequately communicates the survey results to the public through a map, (written or digital), or in a report form with an attached map and details methods used, measurements and computations made, accuracies obtained, and information obtained or developed by surveying and mapping techniques. The map and report shall identify the responsible surveyor and mapper.

(14) Work Product: the drawings, plans, specifications, plats, reports, and all related calculations and field notes, either hard copy or digital, of the professional surveyor and mapper in responsible charge or made under his/her supervision.

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, .

5J-17.051 Standards of Practice: General Survey, Map, and Report Content Requirements.

The following rules shall apply to all work products regardless of the method of data acquisition:

(1) Nothing in these rules shall preclude a surveyor and mapper from entering into a contract with a client which requires more stringent surveying and mapping standards than those set forth in this rule.

(2) Survey Data:

(a) Regulatory objective: The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper.

(1)(b) Surveyors and mappers must achieve the following minimum standards of accuracy, completeness, and quality:

(2)1. The accuracy of the survey measurements shall be premised upon the type of survey and the expected use of the survey and map. The accuracy of data shall be independently verified.

All measurements must be in accordance with the United States standard, using either feet or meters.

(a) Vertical Accuracy:

All surveying and mapping products with elevation data shall state the datum and a description of the control upon which the surveying and mapping products are based. The data shall be supported with documentation describing the vertical accuracy and the methodology used to determine accuracy. Elevation data may be obtained on an assumed datum provided the base elevation of the assumed datum is obviously different than a publicly published datum and clearly noted.

(b) Horizontal Accuracy:

All surveying and mapping products expressing or displaying mapped features shall state the datum and a detailed description of the control upon which the surveying and mapping products are based. The data shall be supported with documentation describing the horizontal accuracy and the methodology used to determine accuracy. Mapped features may be obtained on an assumed datum provided the numerical basis of the datum is obviously different than a publicly published datum.

If data is collected on an assumed datum, then adequate control points shall be established and communicated in the surveying and mapping product in order that the survey may be independently reproduced and verified.

(d) Measurement and computation records shall be dated as of the date of acquisition and must contain sufficient data to substantiate the surveying and mapping products.

2. Records of these measurements shall be maintained for each survey by either the individual surveyor and mapper or the surveying and mapping business entity.

3. Measurement and computation records must be dated and must contain sufficient data to substantiate the surveying and mapping products and insure that the accuracy portion of these standards has been met.

(3) Surveys, Maps, and/or Survey Products Content.

(a) The licensee must adequately communicate the survey results to the public through a map or report with an attached map. Regulatory objective: In order to avoid misuse of a survey and map, the surveyor and mapper must adequately communicate the survey results to the public through a map, report, or report with an attached map. Any survey map or report must identify the responsible surveyor and mapper and contain standard content.

(b) Surveyors and mappers must meet the following minimum standards of accuracy, completeness, and quality:

(b)1. Each survey map and report shall state the type and/or purpose of the survey it depicts. consistent with the types of surveys defined in paragraphs 5J-17.050(10)(a)-(k), F.A.C. The purpose of a survey, as set out in paragraphs 5J-17.050(10)(a)-(k), F.A.C., dictates the type of survey to be performed and depicted, and a licensee may not avoid the minimum standards required by rule of a particular survey type merely by changing the name of the survey type to conform with what standards or lack of them the licensee chooses to follow.

(c)2. All survey maps and reports must bear the name, certificate of authorization number, and street and mailing address of the business entity issuing the map and report, along with the name and license number of the surveyor and mapper in responsible charge. The name, license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity must be shown on each survey map and report.

(d)3. All survey maps must reflect a survey date, which is the last date of data acquisition. When the graphics of a map are revised, but the survey date stays the same, the map must list dates for all revisions.

(e)4. The survey map and report and the copies of the survey map and report, except those with electronic signature and electronic seal, must contain a statement indicating that the survey map and report or the copies thereof are not valid without the original signature and the original raised seal of a Florida licensed surveyor and mapper.

(f) Abbreviations related to surveying matters shall be defined on the work product.

5. If either the business entity or the individual licensee does not possess professional liability insurance, then the map, report, and/or survey must contain the following printed statement in letters at least 1/4'' high: The survey depicted here is not covered by professional liability insurance.

6. Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties.

7. All computed data or plotted features shown on survey maps must be supported by accurate survey measurements unless clearly stated otherwise.

8. Bearings, distances, coordinates, and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise.

(g)9. A reference to all bearings shown on a survey map or report must be clearly stated, i.e., whether to “True North”; “Grid North as established by the NOS”; “Assumed North based on a bearing for a well defined line, such as the center line of a road or right of way, etc.”; “a Deed Call for a particular line”; or “the bearing of a particular line shown upon a plat.” References to Magnetic North should be avoided except in the cases where a comparison is necessitated by a Deed Call. In all cases, the bearings used shall be referenced to some well-established and monumented line.

(h)10. A designated “north arrow” and either a stated scale or graphic scale of the map shall be prominently shown upon the survey map.

11. Abbreviations will be defined on the work product. Abbreviations generally used by the public or in proper names that do not relate to matters of survey are excluded from the legend requirement.

a. Acceptable abbreviations on the face of survey maps are:

N = North

S = South

E = East

W = West

or any combination such as NE, SW, etc.

º = Degrees

' = Minutes when used in a bearing

'' = Seconds when used in a bearing

' = Feet when used in a distance

'' = Inches when used in a distance

AC = Acres

+/- = More or less (or Plus or Minus)

metric notation

b. Any other abbreviations relating to survey matters must be clearly shown within a legend or notes appearing on the face of the map or report.

12. When special conditions exist that effectively prevent the survey from meeting these minimum standards, the special conditions and any necessary deviation from the standards shall be noted upon the map or report.

(i)13. The responsibility for all mapped features must be clearly stated on any map or report signed by a Florida licensed surveyor and mapper. When mapped features surveyed by the signing surveyor and mapper have been integrated with mapped features surveyed by others, then the map or report shall clearly state the individual primarily responsible for the map or report.

14. Report Items:

a. Report items are information, as required by other parts of this rule, such as: abbreviations, legends, accuracy statements, feature lists, datums used, and things done or not done as part of the survey and mapping process. In addition, the map or report shall contain other items necessary for an adequate communication of survey methods and results as judged by the surveyor and mapper such as: data sources, measurement methods, history and lineage of data, and limitations pertaining to the information presented.

b. Text Report items shall be displayed either through notes on the map, report, or in a text report delivered with the map. When the report is produced as a text document and a map is attached, the report shall be signed and sealed. When the map is delivered in digital form only, then a report is required. An attached map must clearly reference the report by title, date and subject; and the report must likewise clearly refer to the map by title, date, and subject. Statements must be made on the map and in the report that neither is full and complete without the other.

15. Map Accuracy.

a. Vertical Feature Accuracy:

Vertical Control: Field-measured control for elevation information shown upon survey maps or reports shall be based on a level loop or closure to a second benchmark. Closure in feet must be accurate to a standard of plus or minus .05' ft. times the square root of the distance in miles. All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark(s) upon which the survey is based. Minor elevation data may be obtained on an assumed datum provided the base elevation of the datum is obviously different than the established datum.

b. Horizontal Feature Accuracy:

(I) Horizontal Control: All surveys and maps or reports expressing or displaying features in a publicly published coordinate system shall indicate the coordinate datum and a description of the control points upon which the survey is based. Minor coordinate data may be obtained and used on an assumed datum provided the numerical basis of the datum is obviously different than a publicly published datum.

(II) The accuracy of control survey data shall be verified by redundant measurements or traverse closures. All control measurements shall achieve the following closures:

Commercial/High Risk Linear: 1' foot in 10,000' feet;

Suburban: Linear: 1 foot in 7,500' feet;

Rural: Linear: 1 foot in 5,000' feet;

(III) When statistical procedures are used to calculate survey accuracies, the maximum acceptable positional tolerance, based on the 95% confidence level, should meet the same equivalent relative distance standards as set forth in sub-sub-subparagraph 5J-17.051(3)(b)15.b.ii., F.A.C.

(IV) Intended Display Scale: All maps or reports of surveys produced and delivered with digital coordinate files must contain a statement to the effect of: “This map is intended to be displayed at a scale of 1/__ or smaller”.

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 5-11-15, .

5J-17.052 Boundary Survey Standards of Practice: Specific Survey, Map, and Report Requirements.

(1) As-Built/Record Survey:

(a) When performing as-built or record surveys, the surveyor and mapper shall obtain field measurements of vertical or horizontal dimensions of constructed improvements so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans.

(b) When the surveyor and mapper prepare as-built maps they will clearly show by symbols, notations, or delineations, those constructed improvements located by the survey.

(d) The vertical and horizontal accuracy of the measurements made shall be such that it may be determined whether the improvements were constructed consistent with planned locations.

(2) Boundary Survey, Map, and Report:

(1)(a) Boundaries of Real Property:

(a)1. 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 or attached to 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 title.

(b) Monuments shall be set or held as marking the corners after a well-reasoned analysis by the licensee.

(c)2. All boundary surveys shall result in a map (hardcopy and/or digital) and it shall be stated on the map that the survey is a “Boundary Survey”.

(d)3. Any discrepancies between the survey map and the real property description shall must be shown.

(e)4. Survey data shall be shown to positively describe the boundaries of the surveyed property. For portions of the property bounded by an irregular line, distances and directions to the irregular boundary shall be shown with as much certainty as can be determined or as “more or less”, if variable. All changes in direction, including curves, shall be shown on the survey map by angles, bearings or azimuths, and will be in the same form as the description or other recorded document referenced on the map.

5. Curved lines with circular curves shall show the radii, arc distances and central angles, or radii, arc distances, chord distances and chord bearings.

6. When intersecting lines are non-radial to a curve, sufficient angular data shall be shown to relate the line to the curve.

(f)7. Surveys of all or part of a lot(s) which is part of a recorded subdivision shall show the lot(s) and block numbers or other designations, including those of adjoining lots. the following upon the map:

a. The lot(s) and block numbers or other designations, including those of adjoining lots.

b. A comparison between recorded directions and distances with field measured directions and distances when they vary.

c. A comparison between the recorded directions and distances with field measured directions and distances to the nearest street intersection, right of way intersection or other identifiable reference point.

d. The dimensioned remaining portion of a lot(s) when part of a lot is included within the description.

(g)8. Surveys of parcels described by metes and bounds shall show all information called for in the property description, including point of commencement, course bearings and distances, and point of beginning. the following upon the map:

(h) When the results of the survey differ significantly from the record,or if a fundamental decision related to the boundary resolution is not clearly reflected on the plat or map, the surveyor shall explain this information with notes on the face of the plat or map.

(i) Surveys of parcels with water boundaries shall describe the feature located including, top of bank, edge of water, mean high water line, ordinary high water line and the method used to locate the water boundary. Water boundaries may be located in their approximate position as long as this is adequately depicted and explained with notes on the face of the plat or map.

a. The relationship of the parcel(s) to at least one established identifiable real property corner;

b. All information called for in the property description, such as point of commencement, course bearings and distances, and point of beginning;

c. A comparison between recorded directions and distances and field measured directions and distances on the boundary when they vary;

d. The most current abutting recorded instrument or recorded plat either known by the surveyor and mapper or furnished to the surveyor and mapper.

(2)(b) Boundary Monuments:

(a)1. The surveyor and mapper shall set monuments as defined herein, unless monuments already exist or cannot be set due to physical obstructions at such corners or unless a water boundary has been located in approximate position. The survey map shall clearly label all approximate water boundaries with notes and these shall be mapped in a distinctly different graphic fashion from water boundaries located to full survey accuracy.

(b)2. Every boundary monument set shall:

1.a. Be composed of a durable material;

2.b. Have a minimal length of 18 inches;

3.c. Have a minimum cross-section area of material of 0.20 0.2 square inches;

4.d. Be identified with a durable marker or cap bearing either the Florida license number of the surveyor and mapper in responsible charge, the certificate of authorization number of the business entity; or name of the business entity;

5.e. Be detectable with conventional instruments for finding ferrous or magnetic objects.

6.f. When a corner falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identifiable.

7. When conditions require setting a monument on an offset, whenever possible, the location should be selected so the monument lies on a boundary line.

(c)3. All monuments, found or placed, must be described on the survey map. The corner descriptions shall state the size, material, and cap identification of the monument as well as whether the monument was found or set. Offset monuments shall be noted as such on the survey map along with the offset distance to the true corner. Building corners are acceptable as monuments so long as use of the building corners as monumentation is clearly noted on the map.

(d) For irregular boundaries such as a water body or maintained right of way, a dimensioned meander or survey closure line shall be used and monuments shall be set at the meander or survey closure line’s terminus points on real property boundary lines.

4. When a parcel has an irregular roadway as a boundary, such as a dirt road or a common law road, then a monumented meander or survey line shall be established along or near the feature.

5. For other irregular boundaries such as a river, lake, beach, marsh or stream, not identified as in subparagraph 5J-17.052(2)(a)1., F.A.C., a dimensioned meander or survey line may be used. When a meander or survey line is used, monuments shall be set at the meander or survey line’s terminus points on real property boundary lines and dimensions shall be shown between a meander or survey line and the boundary line sufficient to show the relationship between the two.

(e)6. A boundary survey updating a previous survey made by the same surveyor and mapper or business entity, and which is performed for the purpose of locating non-completed new improvements by measurements to the property lines or related offset lines placed on the property since the previous survey, need not have the property corners reset.

(f) 7. Side ties to locate or set monuments shall be substantiated by a redundancy of measurements.

(3)(c) Boundary Inconsistencies:

(a)1. Potential boundary inconsistencies 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.a. Overlapping descriptions or hiatuses;

2.b. Excess or deficiency;

3.c. Conflicting boundary lines or monuments; or

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

(b)2. Open and notorious evidence of boundary lines, such as fences, walls, buildings, monuments or otherwise, shall be shown upon the map, together with dimensions sufficient to show their relationship to the boundary line(s).

(c)3. All apparent physical use onto or from adjoining property must be indicated, with the extent of such use shown or noted upon the map.

(d)4. In all cases where foundations may violate deed or easement lines and are beneath the surface, failure to determine their location shall be noted upon the map or report.

(4)(d) Rights-of-Way, Easements, and Other Real Property Concerns:

(a)1. All recorded public and private rights-of-way shown on applicable recorded plats adjoining or across the land being surveyed shall be located and shown upon the map.

(b)2. Easements shown on applicable record plats or open and notorious evidence of easements or rights-of-way on or across the land being surveyed shall be located and shown upon the map.

(c)3. When streets or street rights-of-way abutting the land surveyed are physically closed to travel, a note to this effect shall be shown upon the map.

(d)4. When location of easements or rights-of-way of record, other than those on record plats, is required, this information must be furnished to the surveyor and mapper.

(e)5. Human cemeteries and burial grounds located within the premises shall be located and shown upon the map when open and notorious, or when knowledge of their existence and location is furnished to the surveyor and mapper.

(5)(e) Real Property Improvements:

(a)1. Location of fixed improvements pertinent to the survey shall be graphically shown upon the map and their positions shall be dimensioned in reference to the boundaries, either directly or by offset lines.

(b)2. When fixed improvements are not located or do not exist, a note to this effect shall be shown upon the map.

3. Building corners are acceptable as monumentation so long as use of building corners as monumentation is clearly noted on survey drawing.

(c)4. When a boundary survey updating a previous boundary survey is made by the same surveyor or survey firm for purpose of locating non-completed new improvements, then property corners need not be reset; however, when a boundary survey is updating a previous survey made by the same surveyor or survey firm and is performed for purpose of locating completed new improvements then property corners must be recovered or reset. When a boundary survey updates a previous boundary survey made by a different surveyor or survey firm for the purpose of locating either non-completed or completed new improvements, then property corners must be recovered or reset.

(3) Construction Layout Survey:

(a) When the surveyor and mapper provides construction staking, these stakes must be based on controls established using the survey standards set out in Rules 5J-17.051 and 5J-17.052, F.A.C., of this chapter. The stakes provided should be adequate in number and position so that the physical items can be constructed from the plans as designed.

(b) Horizontal and Vertical Controls for Public and Private Construction Layout:

1. Section 472.003(3), F.S., provides an exemption from licensing for certain classes of individuals performing construction layout from boundary, horizontal and vertical controls that have been established by a licensed professional surveyor and mapper. This rule is designed to set out what constitutes horizontal and vertical controls.

a. Horizontal control monumentation for the purpose of this rule includes:

(I) Points of Curve, Points of Tangency, Points of Tangent Intersections, Points on Line and Points on Curve.

(II) Points of Intersection of other streets or roads.

(III) Angle points or changes in direction.

b. Horizontal control monumentation for road center-lines, right-of-way lines, reference lines or base lines shall be at least a minimum of two (2) points placed so that no point on the line being monumented is more than 700 feet from a control monument.

c. Horizontal control monumentation for main utility lines (such as water, sewer, storm drainage, electric, telephone, television, gas, etc.) when not constructed within or along a road right-of-way control in accordance with sub-subparagraph 5J-17.052(3)(b)1.b., F.A.C., shall be at least a minimum of two (2) points placed so that no point on the line being monumented is more than 700 feet from a control monument.

d. Horizontal control monumentation for buildings and/or primary constructions shall be at least:

(I) Boundaries, or

(II) Control or base lines (minimum of 2 points), or

(III) A minimum of a four-corner envelope for non-residential construction improvement layout.

e. Horizontal control monumentation required by plans as a control for horizontal location not included in sub-sub-subparagraphs 5J-17.052(3)(b)1.b., c., or d., F.A.C., shall meet the requirements of subparagraph 5J-17.052(3)(b)2., F.A.C.

(c) All construction requiring benchmarks shall have a minimum of two (2) existent or established benchmarks for vertical control.

(d) Vertical control for linear type construction sites such as roads and sewer lines shall have a maximum of 1,100' feet between existent or established benchmarks.

(e) Vertical control for acreage construction sites shall have two (2) existent or established benchmarks on the first ten (10) acres plus an additional benchmark for each additional ten (10) acres.

(f) The only required documentation for this type of survey product shall be field notes.

(4) Control Survey:

(a) Geodetic Control Surveys: When applicable, all geodetic control surveys, both vertical and horizontal, shall conform to the Standards and Specifications for Geodetic Control Networks (1984) as set forth by the Federal Geodetic Control Committee (FGCC), which Standards and Specifications are incorporated herein by reference, effective 5-13-96, and the Geospatial Positioning Accuracy Standards Parts 1, 2, and 3, FGDC-STD-007.1-1998, entitled “Geospatial Positioning Accuracy Standards Part 2: Standards for Geodetic Networks”, and FGDC-STD-007.3-1998, entitled “Geospatial Positioning Accuracy Standards Part 3: National Standard for Spatial Data Accuracy”, which are hereby incorporated by reference, effective 5-18-00, copies of which may be obtained via the internet web site (http://fgdc.gov/standards_publications/). No use of the terminology of these standards may be made without completely adopting and following all the standards in their entirety. When these standards are not employed, then a survey, map, or report shall explain applicable standards used in the geodetic control survey. All geodetic control survey maps or reports shall show the horizontal and vertical datum used and shall contain adequate graphical or written descriptions of the locations, construction and marking of all marks used or set and shall explain methods employed in the survey and adjustment.

(b) Other Control Surveys: Any control survey map or report shall detail the datum used and control stations used in a manner consistent with the general survey and map provisions of subsection 5J-17.051, F.A.C.

(6)(5) Descriptions/Sketch to Accompany Description:

(a) Descriptions written by a surveyor and mapper to describe land boundaries by metes and bounds shall provide definitive identification of boundary lines.

(b) When a sketch accompanies the property description, it shall show all information referenced in the description and shall state that such sketch is not a survey. The initial point in the description shall be tied to either a government corner, a recorded corner, or some other well-established survey point.

(6) Digital Data:

(a) When survey information is provided in digital form only, the surveyor and mapper shall provide a signed and sealed report as set forth in sub-subparagraph 5J-17.051(3)(b)14.b., F.A.C.

(b) The digital file will reference the report and that the digital file is not full and complete without the report.

(7) Ortho-Images/Photos:

(a) The survey, map, and/or report must contain a list of control points employed in geo-referencing the image along with the source of control positions used.

(b) Positional Accuracy: Feature accuracies shall be stated.

(c) The Ortho-Image/Photo shall comply with the December 1996 US Department of the Interior, US Geological Survey National Mapping Divisions, “National Mapping Program Technical Instructions Part 2 Specifications Standards for Digital Orthophotos,” which are incorporated herein by reference.

(8) Quantity Survey: The surveyor and mapper shall obtain horizontal and vertical measurements adequate to delineate graphically geometric configurations and/or dimensions that can be mathematically computed.

(9) Raster Imagery:

(a) The survey and report must contain a list of control points employed in geo-referencing the image along with the source of control positions used. The survey and report must contain a statement clearly stating that “This is not an ortho-image or ortho-photo.”

(b) Feature accuracies shall be stated.

(10) Subdivision Record Plat: This rule shall not apply to plats being prepared for filing and recording pursuant to Chapter 177, F.S.; however, this rule shall apply to any boundary survey performed during the preparation of the plat.

(11) Specific Purpose Survey:

(a) Surveys which are performed for a purpose other than the purposes encompassed by the definitions in paragraphs 5J-17.050(10)(a)-(i) or (k), F.A.C., shall be permitted only where unusual conditions make impracticable or impossible the performance of one of the types of surveys defined in paragraphs 5J-17.050(10)(a)-(i) or (k), F.A.C.

(b) Such purpose and conditions shall be clearly shown upon the survey map or in the survey report.

(c) Surveys performed for purposes of monumenting, referencing, describing, and mapping centerline or baseline may be performed as Specific Purpose Surveys. Additionally, surveys performed for the purpose of monumenting official right-of-way lines may be performed as Specific Purpose Surveys.

(12) Topographic Survey:

(a) Topographic surveying and mapping by field methods shall meet general provisions applicable to all surveys and maps as set out in Rule 5J-17.051, F.A.C. A minimum of two site benchmarks on or near the survey shall be indicated upon the survey map.

(b) Topographic Features.

1. Intended Features. The surveyor and mapper shall devise a method of reporting which topographic features were intended to be surveyed and mapped, the style of cartographic representation employed for each, and the degree of intended completeness in the surveying and mapping of each feature. As with abbreviations, any symbols, line types, etc. shown on the survey map shall be explained and/or defined in a legend.

2. Obscured Areas. Features in obscured areas where the desired points or surfaces being mapped are not clearly visible on source images shall be clearly labeled on the map as “interpolated” or “estimated” through the use of notes and shall be depicted graphically clearly different from other surveyed features.

3. Scale of Map. The scale of the map that is selected when provided in hard copy shall be sufficient to accurately and clearly show the results of the survey.

4. Property Lines. Any depiction of property lines on a topographic map shall be accompanied with a statement as to the source of the property lines shown.

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, .

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) No change.

(2) Conflicts of Interest: Licensees shall avoid any professional conflicts of interest.

(a) through (b) No change.

1. A government county employee engaging in the private practice of surveying and mapping on a project over which that person, as a government county employee, has approval authority.

2. through 3. No change.

(d) through (e) No change.

(3) 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 final 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.

(b) Upon the discontinuance of the practice of surveying and mapping, licensees shall ensure the safe storage and reasonable accessibility to clients of all files and file materials for a period of six three years. in accordance with subparagraph 5J-17.051(2)(b)2., F.A.C. The failure to do so shall constitute cause for discipline.

1. If an individual voluntarily relinquishes his/her professional surveyor and mapper license, the transfer and storage of files is not required.

(6) Signing and Sealing.

(a) through (b) No change.

(c) Licensees shall may not affix a signature and seal to any document depicting an area over which the licensee has insufficient knowledge, education, experience, or familiarity

(d) A licensee who allows another person to forge a signature on a map or surveyor’s report purported to be prepared under the supervision of the licensee is guilty of misconduct.

Rulemaking Authority 472.027 FS. Law Implemented 472.027 FS. History–New 5-11-15, Amended .

5J-17.061 Seal and Signature.Rulemaking Authority 472.025 FS. Law Implemented 472.025 FS. History–New 1-3-80, Amended 9-13-83, Formerly 21HH-7.02, 21HH-7.002, Amended 5-30-95, 5-13-96, 11-3-97, Formerly 61G17-7.002, Repealed .

5J-17.062 Procedures for Signing and Sealing Electronically Transmitted 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 raised 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 raised 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.E. 0112 on (date)]” unless accompanied by an electronic signature as described in this section.

(3) An electronic signature is a digital authentication process attached to or logically associated with an electronic document and shall carry the same weight, authority, and effect as an original signature and raised seal. The electronic signature, which can be generated by using either public key infrastructure or signature dynamics technology, must be as follows:

(a) through (d) No change.

(4) Alternatively, electronic files may be signed and sealed by creating a “signature” file that contains the surveyor and mapper’s name and PSM number, a brief overall description of the surveying and mapping documents, and a list of the electronic files to be sealed. Each file in the list shall be identified by its file name utilizing relative Uniform Resource Locators (URL) syntax described in the Internet Architecture Board’s Request for Comments (RFC) 1738, December 1994, which is hereby adopted and incorporated by reference by the Board and can be obtained from the Internet Website: ftp://ftp.isi.edu/in‑notes/rfc1738.txt. Each file shall and secure have an authentication code computed by a cryptographic hash function defined as an SHA-1 message digest described in Federal Information Processing Standard Publication 180-1 “Secure Hash Standard,” 1995 April 17, which is hereby adopted and incorporated by reference by the Board and can be obtained from the Internet Website: http://www.itl.nist.gov/fipspubs/fip180‑1.htm. A report shall be created that contains the surveyor and mapper’s name and PSM number, a brief overall description of the surveyor and mapper documents in question and the secure authentication code of the signature file. This report shall be printed and manually signed, dated, and sealed by the professional surveyor and mapper in responsible charge. The signature file is defined as sealed if its secure authentication code matches the secure authentication code on the printed, manually signed, dated and sealed report. Each electronic file listed in a sealed signature file is defined as sealed if the listed secure authentication code matches the file’s computed secure authentication code.

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 .

5J-17.063 Certificates of Authorization.

(1) through (6) No change.

(7) Business entities that wish to obtain a Certificate of Authorization must complete an application at https://csapp.800helpfla.com/csrep/ and pay the appropriate fee. In lieu of completing an electronic application, applicants are permitted to complete “Board of Professional Surveyors and Mappers Application for Certificate of Authorization” FDACS-10054, Rev. 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 . Upon application to the Board, certificates of authorization shall be issued only to those business entities which:

(a) through (c) No change.

(8) through (10) No change.

Rulemaking Authority 472.021 FS. Law Implemented 472.021 FS. History–New 3-22-84, Formerly 21HH-7.03, Amended 3-12-92, Formerly 21HH-7.003, Amended 5-30-95, 5-21-00, 3-25-01, 5-24-06, Formerly 61G17-7.003, Amended .

5J-17.070 Fees.

(1) No change.

(2) The examination fee is for each of the examinations required for licensure shall be the actual cost incurred by the Department for the administration and scoring of each examination or the amount charged by the Department’s designee or vendor to administer and score the examination. If the examination is administered by a designee of the Department or a vendor, applicants shall pay the examination fee directly to the designee or vendor $120 each for each part of the examination.

(3) The fee for permanent licensure or permanent certificate of authorization is $125.

(4) The nonrefundable application fee for continuing education provider status is $200.

(5) The fee for continuing education provider status is $250.

(6)(4) The renewal fee for licensure as a surveyor and mapper and for continuing education providers is $250 per biennium.

(7)(5)The renewal fee for certificate of authorization is $350 per biennium.

(8)(6) The fee to place an active license on inactive status is $100.

(9)(7) The fee to reactivate an inactive license is $50.

(10)(8)The fee for temporary certificate as a surveyor and mapper is $25.

(11)(9) The fee for temporary certificate of authorization is $50.

(12)(10)The fee for reexamination shall be the actual cost incurred by the Department for the administration and scoring of each part of the examination or the amount charged by the Department’s designee or vendor to administer and score the examination. If the examination is administered by a designee of the Department or a vendor, applicants shall pay the examination fee directly to the designee or vendor is $120 each for each part.

(13)(11) The fee for duplicate license or certificate of authorization is $20.

(14)(12) The late renewal penalty for licensure or certificate of authorization is $150.

(15)(13)The examination review fee for the Florida Jurisdictional Examination shall be $75 based on the actual cost incurred by the Department to provide examination review.

(16)(14) The fee to renew an inactive license on inactive status is $50.

(17)(15) The fee to change from inactive status to active status at any time other than at the time of biennial renewal is $25, in addition to any additional licensure fees necessary to equal those imposed on an active status licensee The fee to change status at any time other than at the time of biennial renewal is $25.

(18)(16) An individual applying to reinstate his or her null and void survey and mapper license pursuant to Section 472.0202(6)(b), F.S., must pay a non-refundable application fee of $125 and also must pay $255 for every licensure biennium that the individual failed to renew his or her surveyor and mapper license.

(19) The fee for the certification of a public record is $25, in addition to any applicable fees or costs for the duplication of the public record.

(20) An honorably discharged veteran, the spouse of such a veteran, or a business entity that has a majority ownership held by such a veteran or spouse requesting a waiver of the initial registration fee pursuant to Section 472.011(1), F.S., shall complete FDACS-10991, Military Veteran Fee Waiver Request, 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 all required supporting documentation at the time the applicant submits their initial applications referenced in subsection (1).

Rulemaking Authority 472.011, 472.013(2)(a) FS. Law Implemented 472.015, 472.011, 472.013(2)(a), 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 .

5J-17.080 Citations.

The offenses enumerated in this rule may be disciplined by the issuance of a citation by the Department of Agriculture and Consumer Services. The citation shall impose the prescribed fine, and the Department may impose the costs of the investigation. If the citation option is accepted by the licensee, the offense will not be brought to the attention of the probable cause panel of the Board.

(1) Citations shall be issued pursuant to Sections 472.0345 and 472.036, F.S. The Department shall only issue citations on “Professional Surveyors and Mappers Uniform Disciplinary Citation” Form FDACS-10060, Rev. 02/17 02/12 entitled “Professional Surveyors and Mappers Uniform Disciplinary Citation”, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/Ref- 01346.

(2) through (7) No change.

(8) The Department may issue citations in lieu of administrative complaints for the following unlicensed activities and impose the following penalties:

(a) Advertising or otherwise holding ones self out as available to practice the profession of surveying and mapping, or otherwise provide a service, or engage in any activity that requires licensure. If a citation is issued, the subject must be assessed a fine of $500 $1,000, plus costs of investigation and attorney’s fees, if any.

(b) Contracting to perform or performing a service, or offering a bid to engage or engaging in any act or practice, that requires licensure. If a citation is issued, the subject must be assessed a fine of $1,000 $2,500, plus costs of investigation and attorney’s fees, if any.

(9) All citations issued to unlicensed persons under this part shall be accompanied by a Notice and Order to Cease and Desist, as provided by Section 472.036(1), F.S. The Department shall only issue Notice and Orders to Cease and Desist on “Notice to Cease And Desist Unlicensed Professional Surveying and Mapping”, Form FDACS-10061, Rev. 02/12, entitled “Notice To Cease And Desist Unlicensed Professional Surveying and Mapping”, 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-01347.

Rulemaking Authority 472.008, 472.0345, 472.036 FS. Law Implemented 472.0345, 472.0351, 472.036 FS. History–New 1-16-92, Formerly 21HH-9.004, Amended 2-20-96, 10-29-06, 6-11-07, Formerly 61G17-9.004, Amended 10-17-12, .

5J-17.081 Notices of Noncompliance.

The offenses enumerated in this rule are eligible to shall be the subject of a notice of noncompliance before disciplinary action is taken:

(1) through (7) No change.

Rulemaking Authority 455.225(3) FS. Law Implemented 455.225(3) FS. History–New 12-25-95, Amended 10-1-97, 4-8-07, Formerly 61G17-9.0045, Amended .

5J-17.083 Probation.

(1) A licensee on probation shall:

(a) through (d) No change.

(e) Make corrections on surveys as required by the Probation Committee;

(f) Provide clients with corrected surveys at no cost, and submit documentation to demonstrate compliance with this provision within fourteen days of the date on which the corrections are ordered by the Probation Committee.

(2) A probationer’s failure to comply with probation, or a probationer’s failure to comply with probation on time, shall result in the case being referred to the Department for non-compliance with a final order of the Board and further disciplinary action the lifting of the stay on the suspension imposed in the underlying disciplinary action.

(3) Should a probationer’s license become suspended, the suspended probationer shall file a written petition for reinstatement of licensure with the board. The suspended probationer’s written petition for reinstatement shall include the suspended probationer’s grounds for reinstatement and also must demonstrate the suspended probationer’s compliance with the board’s final order, which resulted in the suspension of the probationer’s license.

Rulemaking Authority 472.008, 472.018 FS. Law Implemented 472.018, 472.0351 FS. History–New 12-25-95, Amended 10-27-05, Formerly 61G17-9.006, Amended .

5J-17.084 Surrender of Seal and Cancellation of Digital Signature.

Rulemaking Authority 472.025 FS. Law Implemented 472.025 FS. History–New 10-27-05, Formerly 61G17-9.0065, Repealed .

5J-17.085 Survey Review.

(1) A probationer required to submitting submit 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) six (6) surveys, that have been performed by the probationer, for or without compensation, within 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) The Board’s Probation Chair will randomly select three (3) six (6) of the probationer’s signed and sealed surveys for review from the survey list submitted by the probationer. Within five (5) calendar days of being notified by the Board of the surveys that have been selected for review, the probationer shall have post-marked and submitted to the Board office signed and sealed surveys for the surveyed properties selected for review, along with copies of the relevant field notes, the relevant full size record plats, all measurement and computational records, and all other documents necessary for a full and complete review of the surveys. If the probationer does not submit the surveys which have been post-marked within five (5) calendar days of being notified of what surveys have been selected for review, then the probationer will be referred to the Department for non-compliance with a final order of the Board and the Board may lift the stay of suspension.

(2) Upon receipt of the signed and sealed surveys and other documents by the Board, either a surveying and mapping consultant selected by the Board or a member of the Probation Review Committee of the Board shall conduct a review of the surveys supplied by the licensee and provide an evaluation report to the Board for review, with all costs associated with said review and report paid to the consultant or the Board by the licensee.

(3) After the first survey review, the Probation Committee will either:

(a) Release the probationer from the terms of the final order if the probationer has complied with all of its terms and if the reviewed surveys are found to meet or exceed the standards of practice minimum levels of competency; or

(b) Require a second set of surveys for review as contemplated by paragraph (1)(d).or

(c) If the Board’s final order places a licensee on probation and suspends the licensee’s license but stays the suspension pending the licensee’s compliance with the terms of probation, then the Probation Committee will lift the stay on the suspension of the license if the reviewed and discussed surveys do not meet or exceed minimum levels of competency.

(4) After any second survey review, the Probation Committee will either:

(a) Release the probationer from the terms of the final order if the probationer has complied with all of its terms and if the reviewed surveys are found to meet the standards of practice minimum levels of competency; or

(b) If the reviewed and discussed surveys do not meet or exceed the standards of practice then the probationer will be referred to the Department for non-compliance with a final order of the Board and further disciplinary action If the board’s final order places a licensee on probation and suspends the licensee’s license but stays the suspension pending the licensee’s compliance with the terms of probation, then the Probation Committee will lift the stay on the suspension of the license if they do not meet minimum levels of competency and refer the reviewed and discussed surveys to the Department for possible further disciplinary action. If the stay is lifted, the licensee shall remain in suspended status until the probationer takes and passes the Florida jurisdictional examinations.

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, .

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. 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 .

Rulemaking Authority 472.006(6) FS. Law Implemented 472.007(2) FS. History–New .

5J-17.200 Definitions.

When used in Rule Chapter 5J-17, F.A.C., the following terms shall have the meanings provided:

(1) “Country” shall mean any independent or dependent governmental unit with established boundaries within the Western Hemisphere.

(2) “A country in the Western Hemisphere which lacks diplomatic relations with the United States” shall mean the Republic of Cuba and any other country which the Secretary of State of the State of Florida confirms lacks diplomatic relations with the United States.

(3) “Western Hemisphere” shall mean the land masses known as North America, Central America and South America and the islands which are geographically related to such masses.

Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New 10-17-12, Amended .

5J-17.400 Special Assessment Fee.

Rulemaking Authority 472.006(5), 472.008, 472.011(12) FS. Law Implemented 472.011(12) FS. History–New 3-14-11, Repealed .

NAME OF PERSON ORIGINATING PROPOSED RULE: Jenna L. Harper, Executive Director, Board of Professional Surveyors and Mappers

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APROVED BY AGENCY HEAD: March 29, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2016

Document Information

Comments Open:: 4/3/2017
Summary:: If adopted, the proposed language will include the National Council of Examiners for Engineering and Surveying (NCEES) as one of the organizations qualified to evaluate the substantial equivalency of ABET standards in Rule 5J-17.003, F.A.C.; incorporate new or amend forms in Rules 5J-17.010, 5J-17.022, 5J-17.028, 5J-17.037, 5J-17.043, 5J-17.063, 5J-17.080 and 5J-17.086, F.A.C.; eliminate the discipline associated with the corresponding sections in Chapter 472, F.S. in Rule 5J-17.011; require a ...
Purpose:: 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 the fundamental criteria for which a surveyor’s work is judged in this state has evolved from Minimum Technical Standards (MTS) to Standards of Practice (SOP) in the last few years. In addition, these changes also seek to remove obsolete language that no longer applies to ...
Rulemaking Authority:: 472.006, (6), 472.008, 472.011, 472.013, 472.013(2)(a), (4), 472.0131, 472.015, 472.018, 472.019, 472.021, 472.025, 472.027, 472.033, 472.0345, 472.0351, 472.0351(4)(b), 472.036 FS.
Law:: 455.225(3), 472.005, 472.005(13), 472.006, 472.007(2), 472.008, 472.011, 472.103, (2)(a), (4), 472.0131, 472.015, 472.018, 472.019, (2), 472.02, 472.0202, (4), 472.021, 472.023, 472.025, 472.027, 472.033, (3), 472.0345, 472.0351 (1)(f), (g), (h), (2), (2)(c), (4)(b), 472.036, 472.0365 472.065 FS.
Contact:: Jenna L. Harper, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, (850) 410-3674.
Related Rules: (15): 5J-17.002. Attendance at Board Meetings; 5J-17.003. Applications for Licensure: Approved Schools and Colleges; 5J-17.010. Grounds for Discipline; 5J-17.011. Disciplinary Guidelines; 5J-17.012. Payment of Fine; More ...