Time for Compliance With Final Order; Probation, Application Deadlines, Certification of Eligibility for Examination and Notification to Applicants, Examination Administration, Licensure Examination Format and Procedures for Candidates with ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services

RULE NO.: RULE TITLE:
5J-17.016: Time for Compliance With Final Order; Probation
5J-17.029: Application Deadlines
5J-17.030: Certification of Eligibility for Examination and Notification to Applicants
5J-17.0321: Examination Administration
5J-17.0322: Licensure Examination Format and Procedures for Candidates with Disabilities
5J-17.034: Grading
5J-17.036: Grades Review Procedure
5J-17.039: Licensure, Inactive Status, Delinquent Status, Reactivation
5J-17.047: Approval of Classes
5J-17.080: Citations
5J-17.082: Mediation
5J-17.208: Pre-examination Continuing Education Program for Foreign Trained Exiled Professionals

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36, No. 47, November 24, 2010 issue of the Florida Administrative Weekly.

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

(1)  through (4) No change.

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

5J-17.029 Application Deadlines.

(1)(a) No change.

(b) A person wishing to apply for licensure by examination or licensure by endorsement shall submit a completed application to the Board by applying online at: https://csapp.800helpfla.com/csrep/. In lieu of completing an application online, an applicant shall obtain the application entitled “Board of Professional Surveyors and Mappers Application For Licensure By Examination or Endorsement”, DACS-10050, 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. Applications deemed complete by the Board will be reviewed by the board or contracted vendor its designee, to determine eligibility at a date and time scheduled by the Board. 

(c) A person wishing to apply for licensure as a surveyor 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”, DACS-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. 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 35 days prior to a scheduled meeting.

(d) Applicants for reexamination shall submit their completed applications no less than 21 days prior to the scheduled examination deadline set by the Department or contracted vendor its designee.

(2)(a) An applicant will be rescheduled by the Department or contracted vendor their designee for the next available examination if the applicant is unable to sit for the originally scheduled examination by reason of military service and submits to the Board a copy of the applicant’s military orders or a letter from the applicant’s commanding officer.

(b) An applicant’s examination will be rescheduled by the Department or contracted vendor, their designee if the applicant demonstrates that there was a death in the immediate family, serious injury, illness, or other physical impairment which prevented the candidate from taking the examination. Any such request to reschedule an examination shall include a copy of a death notice or death certificate or a statement from the applicant’s treating physician which attests that such injury, illness or physical impairment prevented the applicant from taking the examination.

(c) No change.

Rulemaking Authority 472.008 FS. Law Implemented 472.011, 472.0131, 472.015, 472.0365 FS. History–New_________.

5J-17.030 Certification of Eligibility for Examination and Notification to Applicants.

(1)  through (6) No change.

Rulemaking Authority 472.008 FS. Law Implemented 120.60, 472.0131(1), 472.015 FS. History–New_________.

5J-17.0321 Examination Administration.

(1)  through (3) No change.

(4) All Department administered examinations will be administered in accordance with the applicable Department standard.  Administration requirements set forth by any national board and council will be complied with in the administration of the specific examination.

(5)  through (8) No change.

(9) Any individual found by the Department or the Board to have engaged in conduct which subverts or attempts to subvert the examination process shall have his or her scores on the examination withheld and/or declared invalid, be disqualified from the practice of the profession, and/or be subject to the imposition of  penalties authorized under Chapter 472, Florida Statutes, including but not limited to, criminal penalties under Section 472.0132, Florida Statutes or Section 472.031, Florida Statutes, as well as the administrative penalties set forth at Section 472.0351(2), Florida Statutes other appropriate sanctions by the Board.

(10)  through (12) No change.

Rulemaking Authority 472.0131 FS. Law Implemented 472.0131 FS. History–New _______.

5J-17.0322 Licensure Examination Format and Procedures for Candidates with Disabilities.

(1)  through (5) No change.

(6) Definition of Terms.

(a) A person with disabilities means any person who:

1. Has a physical, mental, or specific learning disability which presently substantially limits one or more major life activities;

2. Has a record of such a disability; or

3. Is regarded as having such a disability. An individual meets the requirement of “being regarded as having such a disability” if the individual establishes that he or she has an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

(b)  through (e) No change.

Rulemaking Authority 472.008 FS. Law Implemented 472.0131 FS. History–New ________.

5J-17.034 Grading.

(1)  through (2) No change.

(3) The organization must be generally recognized by practitioners across the nation in the form of representatives from the State Boards or shall have membership representing a majority substantial number of the nation’s or states’ practitioners who have been licensed through the national examination.

(4) through (5) No change.

(6) Grading Criteria and Passing Scores:

(a)  No change.

(b) The Florida Jurisdictional Multiple Choice Examination consists of 100 multiple choice questions developed by the Department, or the Department’s contracted vendor designee. 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) No change.

(7) No change.

(8) Departmentally developed objective, multiple choice examinations shall be graded by the Department or contracted vendor its designee. The Department or the Department’s contracted vendor designee 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 designee 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 designee 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 (10) No change.

(11)(12) The Department or contracted vendor its designee shall inform each passing candidate of the candidate’s status and provide necessary instructions for obtaining a license.

(12)(13) No change.

Rulemaking Authority 472.0131 FS. Law Implemented 472.0131 FS. History–New 1-3-80, Amended 10-29-80, 4-19-82, 1-25-84, Formerly 21HH-4.03, Amended 9-16-87, 8-30-92, Formerly 21HH-4.003, Amended 9-7-93, 4-6-94, 5-30-95, 11-10-08, Formerly 61G17-4.003, Amended________.

5J-17.036 Grades Review Procedure.

(1) No change.

(2) Those candidates who elect to exercise their right to review must submit a request in writing to the Department or the testing  vendor. An examinee shall submit a completed form known as “Board of Professional Surveyors and Mappers Post Examination Review Request”, DACS-10063, 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.

(a) Written Unless otherwise provided in Board rule, written requests must be received by the Department or vendor no later than twenty-one (21) days after the release date of the original grade notification. The issuance of an amended grade notice, if applicable, will not extend the deadline for a candidate to request a post-examination review, unless the amended grade notice affects the pass/fail status of the candidate.

(b) No change.

(3) No change.

(a) No change.

(b) All security rules defined in this Chapter, shall apply to all review sessions. Any candidate violating any provision of said rules shall be dismissed from the review session and may be subject to other sanctions pursuant to applicable statutes or rules as determined by the Board.

(c) through (f) No change.

(g) Unless prohibited by board rule or national guidelines, candidates have the right to challenge any question which they believe may be ambiguous or any solution which they believe may be incorrect and to request a hearing if the challenge is found to be without merit. The challenges must be submitted in writing during the review. Any challenges or supporting documentation submitted after the candidate has left the review room shall not be accepted.

(h) No change.

(4) through (6) No change.

Rulemaking Authority 472.008, 472.013, 472.0131(3) FS. Law Implemented 472.013, 472.0131(3) FS. History–New 1-3-80, Formerly 21HH-4.06, 21HH-4.006, Amended 5-30-95, 5-17-00, 10-31-08, Formerly 61G17-4.006, Amended _______________.

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. Each application for renewal shall be considered timely filed if the 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/.  www. 800helpfla.com. 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) No change.

(3) Delinquent Status:

(a)  No change.

(b) A delinquent status licensee may apply for active or inactive status any time during the biennial licensure cycle. A complete application, the renewal fee, and a delinquent fee shall be required. The license of a delinquent licensee that does not achieve active or inactive status before the end of the current biennial licensure period shall become null and void by operation of law and without further action by the Department or the Board. Subsequent licensure will require meeting all the requirements for initial licensure or complying with the procedure set forth in Rule 5J-17.048, F.A.C.  Rule 5J-17.047, F.A.C.

Rulemaking Authority 472.006, FS. Law Implemented 472.006, 472.0202 FS. History–New ________.

5J-17.047 Approval of Continuing Education Courses.

(1) Continuing education courses shall be valid for purposes of the continuing education requirement only if such courses have received prior approval from the Board. The Board shall approve a course as a continuing education course for the purpose of this rule when the following requirements are met:

(a) Written application for course approval shall be received by the Board prior to the date the course is offered. A provider wishing to apply for continuing education course approval shall submit a completed application to the Board by completing the application entitled “Board of Professional Surveyors and Mappers Continuing Education Course Approval Application”, DACS-10057, 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.

(b) through (4) No change.

Rulemaking Authority 472.008, 472.018 FS. Law Implemented 472.018 FS. History–New 8-18-03, Amended 6-23-05, 12-28-05, 6-20-06, Formerly 61G17-5.0051, 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 Form DACS-10060, Rev. 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/reference.

(2) through (8) No change.

(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 Form DACS-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.

Rulemaking Authority 472.008, 472.0345 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 _____.     

5J-17.082  Mediation.

(1) through (7) No change.

(8) Violations of paragraphs 5J-17.010(6)(f) and Rule 5J-17.010(6)(g), F.A.C., concerning conflicts of interest, can be mediated pursuant to Section 472.034, F.S..

Rulemaking Authority 472.034 FS. Law Implemented 472.034  FS. History–New 5-30-95, Formerly 61G17-9.005, Amended________.

5J-17.208 Pre-examination Continuing Education Program for Foreign Trained Exiled Professionals.

No change.

(1) through (2) No change.

(3) Before a program is offered to an applicant as satisfying the requirements of this rule, such program shall be approved by the Department.

(a) Approval by the Department shall be based upon a finding by the Department that the program satisfies the following requirements:

1. Documentation of program content to demonstrate adequate training and coursework to prepare applicants for examination to practice the profession as defined in Florida law and rules. Such training and coursework shall include a diagnostic evaluation of the applicant's completion of the program. Adequate training and coursework include attendance by applicant of no less than ninety (90) percent of the class sessions.

2. through (4)(b) No change.

Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New_______.