Attendance at Board Meetings, Applications for Licensure: Approved Schools and Colleges, Grounds for Discipline, Disciplinary Guidelines, Payment of Fine, Statement Regarding Lack of Insurance, Time for Compliance With Final Order; Probation, ...
DEPARTMENT OF AGRICULTURE AND 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
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. 43 No. 64, April 3, 2017 issue of the Florida Administrative Register.
THE FULL TEXT OF THE PROPOSED RULE IS:
5J-17.002 Attendance at Board Meetings.
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.
No change.
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.
No change.
Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.015, 472.025, 472.027, 472.033, 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 or, by fraudulent misrepresentation;
(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
(c) through (k) No change.
(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;
(Section 472.0351(1)(l), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$100 fine 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) through (r) 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.
No change.
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., iIf 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 neither 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.
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.
No change.
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.
No change.
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) No change.
(b) Completed a degree program in surveying and mapping accredited in surveying and mapping or closely related programs by the Accreditation Board for Engineering and Technology (ABET).
(2) through (4) No change.
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
No change.
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
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.
(1) To assist in determining 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 Josef Silny & Associates, Inc., 7101 SW 102 Avenue, Miami, Florida 33173, or through the National Council of Examiners for Engineers and Surveyors (NCEES), 280 Seneca Creek Road, Seneca, South Carolina 29678, or any other nationally accepted organization offering equivalent services.
(2) The Board shall make the final decision regarding whether an applicant is approved for admittance to the licensure examination based upon the requirements set forth in Section 472.013, F.S.
Rulemaking Authority 472.008, 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.
No change.
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.
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.
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.
No change.
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.
No change.
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.
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. 08/17 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 payment of the proper fee.
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.
No change.
Rulemaking Authority 472.006, 472.0202 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.
No change.
Rulemaking Authority 472.019(2), 472.027 FS. Law Implemented 472.019(2), 472.027 FS. History–New 10-29-80, Formerly 21HH-5.01, Amended 2-7-91, Formerly 21HH-5.001, Amended 3-28-94, 5-30-95, 10-13-97, 6-29-00, 6-22-03, 6-20-06, 1-29-07, Formerly 61G17-5.001, Amended 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. 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) through (d) No change.
(e)1. No change.
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.
2.3. 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.
3.4. 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.
(f) 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.
(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.
No change.
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) through (2) No change.
(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. 08/17 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) The name, address and telephone number of the prospective provider;
(b) A description of the type of courses or seminars the provider expects to conduct for credit;
(c) The particular qualifications of the prospective provider to conduct the proposed courses or seminars which qualifications set the applicant apart from the surveyors and mappers whom the applicant proposes to instruct;
(d) A sample certificaste of completion for the course or seminar to be conducted by the applicant which certificate shall state the provider number and the course or seminar number assigned to the provider by the Board office for that course or seminar;
(a)(e) No change.
(b)(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.
No change.
Rulemaking Authority 472.008, 472.011, 472.018, 472.027 FS. Law Implemented 472.018, 472.027 FS. History–New 3-28-94, Amended 5-30-95, 7-27-00, 8-18-03, 8-18-04, 12-28-05, 1-29-07, Formerly 61G17-5.0043, Amended 10-17-12, 5-11-15, .
5J-17.050 Definitions.
As used in this chapter, the following terms have the following meanings:
(1) through (8) No change.
(9) Monument: an artificial or natural object that is permanent or semipermanent semi-permanent, and used or presumed to occupy any real property corner, any point on a boundary line, or any reference point or other point to be used for horizontal or vertical control.
(10) through (14) No change.
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 General Survey, Map, and Report Content Requirements.
No change.
Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.025, 472.027 FS. History–New 9-1-81, Amended 7-29-85, Formerly 21HH-6.03, Amended 12-18-88, 11-27-89, 5-26-91, Formerly 21HH-6.003, Amended 12-25-95, 5-13-96, 11-3-97, 5-25-99, 4-4-06, 8-31-06, 8-18-08, Formerly 61G17-6.003, Amended 5-11-15, .
5J-17.052 Boundary Survey Requirements.
No change.
Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.027 FS. History–New 9-1-81, Formerly 21HH-6.04, Amended 12-18-88, Formerly 21HH-6.004, Amended 12-25-95, 5-13-96, 5-25-99, 4-4-06, 8-31-06, 8-18-08, Formerly 61G17-6.004, Amended 5-11-15, .
5J-17.053 Standards of Practice – Professional Matters in Surveying and Mapping.
No change.
Rulemaking Authority 472.027 FS. Law Implemented 472.027, 472.0351 FS. History–New 5-11-15, Amended .
5J-17.061 Seal and Signature.
No change.
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.
No change.
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 fees totaling $255 for permanent licensure or fees totaling $180 for a temporary certificate. 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. 08/17 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 472.011472.021 FS. Law Implemented 472.011, 472.021, 472.0365 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) through (20) No change.
Rulemaking Authority 472.011, 472.019 472.013(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.
No change.
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 472.0351 455.225(3) FS. Law Implemented 472.033(3) 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.
No change.
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.
No change.
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.
No change.
Rulemaking Authority 472.008 FS. Law Implemented 472.0351 FS. History–New 12-25-95, Amended 10-1-97, 5-17-99, 2-23-05, 6-20-06, Formerly 61G17-9.007, Amended 10-17-12, .
5J-17.086 Appointment to the Board.
No change.
Rulemaking Authority 472.006(6) FS. Law Implemented 472.007(2) FS. History–New .
5J-17.200 Definitions.
No change.
Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New 10-17-12, Amended .
5J-17.400 Special Assessment Fee.
No change.
Rulemaking Authority 472.006(5), 472.008, 472.011(12) FS. Law Implemented 472.011(12) FS. History–New 3-14-11, Repealed .
