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.asp?No=Ref-08759.

(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.

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

(a) Advertising is false, fraudulent, deceptive or misleading if it: contains a material misrepresentation of fact; omits the statement of any material fact that is necessary to form a complete and accurate understanding of the advertisement; or is intended or is likely to create an unjustified expectation.

(b) Examples of false, fraudulent, deceptive or misleading advertisements include: a statement that a licensee is a certified specialist in any area outside the licensee’s field of expertise; a statement that the licensee’s education or experience in surveying and mapping is greater than it actually is; a statement that the licensee’s involvement with a surveying and mapping project will be greater than it actually will be.

(4) Licensees shall be disciplined for surveying and mapping which is negligently or incompetently performed. Surveying and mapping is negligently performed if the licensee’s violation of professional Standards of Practice causes harm to the licensee’s client or to the public. A final civil judgment against a licensee for negligence in the practice of surveying and mapping constitutes probable cause for the issuance of an administrative complaint against the licensee for a violation of this rule, except that nothing in this rule shall be construed to require such a final civil judgment for the purpose of finding probable cause.

(5) Licensees shall be disciplined for failing to abide by the Standards of Practice set out in Rule 5J-17.051 through 5J-17.053, F.A.C.

(6) Licensees shall be disciplined for violating Chapters 177 and 472, F.S., or rules promulgated pursuant to any of those chapters by either the Department of Agriculture and Consumer Services or the Board.

(7) Licensees shall be disciplined for failing 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;

(8) Licensees shall be disciplined for misconduct in the practice of surveying and mapping, including violations of paragraphs (a) through (c) hereof. Violations of Rule 5J-17.053, F.A.C., also constitute misconduct.

(a) Licensees may not perform a surveying and mapping assignment unless they are qualified by education or experience to perform the type of surveying and mapping which is the subject of the assignment.

(b) Licensees shall report to the Department of Agriculture and Consumer Services any person or business entity which the licensee knows is violating Chapters 177, 472, F.S., or any of the rules promulgated pursuant to those chapters by the Department of Agriculture and Consumer Services or the Board.

(c) Licensees may not practice surveying and mapping unless they maintain financial responsibility for the surveying and mapping projects they perform.

Rulemaking Authority 472.008, 472.027 FS. Law Implemented 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, 11-13-17.