The Board proposes the rule amendment in order to consider current applicability.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Professional Surveyors and Mappers

RULE NO: RULE TITLE
61G17-9.005: Mediation
PURPOSE AND EFFECT: The Board proposes the rule amendment in order to consider current applicability.
SUMMARY: The rule amendment is to consider current applicability.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined the proposed rule will not have an impact on small business.
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.
SPECIFIC AUTHORITY: 455.2235 FS.
LAW IMPLEMENTED: 455.2235 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rick Morrison, Executive Director, Board of Professional Surveyors and Mappers, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

THE FULL TEXT OF THE PROPOSED RULE IS:

61G17-9.005 Mediation.

Violations of Section 472.033(1)(h), F.S., involving licensees, either individuals or business entities holding certificates of authority, who failed to pay any final judgment entered against the licensee in any civil proceeding against the licensee involving the licensee’s practice of surveying and mapping, can be mediated pursuant to Section 455.2235, F.S.

(1) Violations of paragraph 61G17-2.0011(6)(h) and Rule 61G17-2.0013, F.A.C., concerning conflicts of interest, can be mediated pursuant to Section 455.2235, Florida Statutes.

(2) Violations of the minimum technical standards of Rule Chapter 61G17-6, F.A.C., can be mediated if those violations result in economic harm either

(a) To the person who paid for the survey or map, or

(b) To the person who is the owner of the property which was the subject matter of the survey or map.

Rulemaking Specific Authority 455.2235 FS. Law Implemented 455.2235 FS. History–New 5-30-95, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Surveyors and Mappers
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Professional Surveyors and Mappers
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 30, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 31, 2008