Florida 2022 2022 Regular Session

Florida House Bill H0831 Introduced / Bill

Filed 12/02/2021

                       
 
HB 831  	2022 
 
 
 
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A bill to be entitled 1 
An act relating to licensure requirements for land 2 
surveyors and mappers; reordering and amending s. 3 
472.005, F.S.; defining the term "accredited college 4 
or university"; amending s. 472.0101, F.S.; 5 
authorizing an exiled professional to substitute a 6 
specified lawful practice of the profession for the 7 
education requirement of the examination; amending s. 8 
472.013, F.S.; revising education requirements for 9 
licensure to include an applicant who has received an 10 
associate degree under certain circumstances; 11 
requiring such education to be from an accredited 12 
college or university; providing that specified 13 
experience may be substituted for education 14 
requirements for licensure as a land surveyor or 15 
mapper; providing that an applicant who holds a valid 16 
license from another state, jurisdiction, or 17 
territory, and has certain experience in the practice 18 
of surveying and mapping may take the licensure 19 
examination to practice as a land surveyor or mapper 20 
in this state; providing that completion of a 21 
specified apprenticeship pr ogram may be substituted 22 
for education requirements for licensure as a land 23 
surveyor or mapper; amending s. 472.003, F.S.; 24 
conforming a cross-reference to changes made by the 25     
 
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act; providing an effective date. 26 
 27 
Be It Enacted by the Legislature of the St ate of Florida: 28 
 29 
 Section 1.  Section 472.005, Florida Statutes, is amended 30 
to read: 31 
 472.005  Definitions. —As used in ss. 472.001 -472.037, the 32 
term: 33 
 (1)  "Accredited college or university" means a college or 34 
university that has been accredited by the S outhern Association 35 
of Colleges and Schools, another regional accrediting agency, 36 
the Accrediting Council for Independent Colleges and Schools, or 37 
an accrediting agency or association that is recognized by the 38 
database created and maintained by the United States Department 39 
of Education. 40 
 (2)(1) "Board" means the Board of Professional Surveyors 41 
and Mappers. 42 
 (3)(14) "Commissioner" means the Commissioner of 43 
Agriculture. 44 
 (4)(15) "Consumer member" means a person appointed to 45 
serve on the board who is not, a nd never has been, a 46 
professional surveyor or mapper in any jurisdiction or a member 47 
of any closely related profession regulated by the board. 48 
 (5)(2) "Department" means the Department of Agriculture 49 
and Consumer Services. 50     
 
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 (6)(9) "Employee" means a pers on who receives compensation 51 
from and is under the supervision and control of an employer who 52 
regularly deducts the F.I.C.A. and withholding tax and provides 53 
workers' compensation, all as prescribed by law. 54 
 (7)(12) "Legal entity" means a corporation, par tnership, 55 
association, or person practicing under a fictitious name who is 56 
certified under s. 472.021. 57 
 (8)(7) The term "License" means a registration, 58 
certificate, or license issued by the department pursuant to 59 
this chapter. 60 
 (9)(16) "Licensee" means any person or business entity 61 
that has been issued, pursuant to this chapter, a registration, 62 
certificate, or license by the department. 63 
 (10)(11) "Monument" means an artificial or natural object 64 
that is permanent or semipermanent and used or presumed to 65 
occupy any real property corner, any point on a boundary line, 66 
or any reference point or other point to be used for horizontal 67 
or vertical control. 68 
 (11)(8) "Photogrammetrist" means any person who engages in 69 
the practice of surveying and mapping using aerial or 70 
terrestrial photography or other sources of images. 71 
 (12)(4)(a)  "Practice of surveying and mapping" means, 72 
among other things, any professional serv ice or work, the 73 
adequate performance of which involves the application of 74 
special knowledge of the principles of mathematics, the related 75     
 
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physical and applied sciences, and the relevant requirements of 76 
law for adequate evidence of the act of measuring, lo cating, 77 
establishing, or reestablishing lines, angles, elevations, 78 
natural and manmade features in the air, on the surface and 79 
immediate subsurface of the earth, within underground workings, 80 
and on the beds or surface of bodies of water, for the purpose 81 
of determining, establishing, describing, displaying, or 82 
interpreting the facts of size, volume, shape, topography, tidal 83 
datum planes, and legal or geodetic location or relocation. 84 
 (b)  The practice of surveying and mapping also includes, 85 
but is not limited to, photogrammetric control; orientation of 86 
improved or unimproved real property and appurtenances and 87 
personal property attached thereto, including acreage and 88 
condominiums; the monumentation and remonumentation of property 89 
boundaries and subdivisions; the measurement of and preparation 90 
of plans showing existing improvements after construction; the 91 
layout of proposed improvements; the preparation of descriptions 92 
for use in legal instruments of conveyance of real property and 93 
property rights; the preparat ion of subdivision planning maps 94 
and record plats, as provided for in chapter 177; the 95 
determination of, but not the design of, grades and elevations 96 
of roads and land in connection with subdivisions or divisions 97 
of land; and the creation and perpetuation of alignments related 98 
to maps, record plats, field note records, reports, property 99 
descriptions, and plans and drawings that represent them. 100     
 
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 (13)(6) The term "Responsible charge" means direct control 101 
and personal supervision of surveying and mapping work , but does 102 
not include experience as a chainperson, rodperson, 103 
instrumentperson, ordinary draftsperson, digitizer, scriber, 104 
photo lab technician, ordinary stereo plotter operator, aerial 105 
photo pilot, photo interpreter, and other positions of routine 106 
work. 107 
 (14)(13) "Retired professional surveyor and mapper" means 108 
a person who has been licensed as a professional surveyor and 109 
mapper by the board and who chooses to relinquish or not to 110 
renew his or her license and applies to and is approved by the 111 
board to use the title "Professional Surveyor and Mapper, 112 
Retired." 113 
 (15)(3) "Surveyor and mapper" includes the term 114 
"professional surveyor and mapper" and means a person who is 115 
registered to engage in the practice of surveying and mapping 116 
under ss. 472.001-472.037. For the purposes of this statute, a 117 
surveyor and mapper means a person who determines and displays 118 
the facts of size, shape, topography, tidal datum planes, legal 119 
or geodetic location or relation, and orientation of improved or 120 
unimproved real property th rough direct measurement or from 121 
certifiable measurement through accepted photogrammetric 122 
procedures. 123 
 (16)(5) The term "Surveyor and mapper intern" includes the 124 
term "surveyor-mapper-in-training" and means a person who 125     
 
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complies with the requirements prov ided by ss. 472.001-472.037 126 
and who has passed an examination as provided by rules adopted 127 
by the board. 128 
 (17)(10) "Subordinate" means a person who performs work 129 
under the direction, supervision, and responsible charge of a 130 
person who is registered under this chapter. 131 
 Section 2.  Paragraphs (e) and (f) of subsection (1) of 132 
section 472.0101, Florida Statutes are amended, and paragraph 133 
(d) of that subsection is republished, to read: 134 
 472.0101  Foreign-trained professionals; special 135 
examination and license provisions.— 136 
 (1)  When not otherwise provided by law, the department 137 
shall by rule provide procedures under which exiled 138 
professionals may be examined under this chapter. A person is 139 
eligible for the examination if the exiled professional: 140 
 (d) Demonstrates to the department, through submission of 141 
documentation verified by the applicant's respective 142 
professional association in exile, that the applicant was 143 
graduated with an appropriate professional or occupational 144 
degree from a college or university. Howe ver, the department may 145 
not require receipt of any documentation from the Republic of 146 
Cuba as a condition of eligibility under this section; 147 
 (e)  A person who has lawfully practiced the profession for 148 
at least 3 years may substitute such practice of the p rofession 149 
for the education requirement under paragraph (d) ; 150     
 
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 (f)  Before Prior to 1980, successfully completed an 151 
approved course of study pursuant to chapters 74 -105 and 75-177, 152 
Laws of Florida; and 153 
 Section 3.  Subsection (2) of section 472.013, Flori da 154 
Statutes, is amended to read: 155 
 472.013  Examinations, prerequisites. — 156 
 (2)  An applicant shall be entitled to take the licensure 157 
examination to practice in this state as a surveyor and mapper 158 
if the applicant is of good moral character and has satisfied 159 
one of the following requirements: 160 
 (a)  The applicant has received a bachelor's degree, its 161 
equivalent, or higher in surveying and mapping or a similarly 162 
titled program, including, but not limited to, geomatics, 163 
geomatics engineering, and land surveying, from an accredited a 164 
college or university recognized by the board and has a specific 165 
experience record of 4 or more years as a subordinate to a 166 
professional surveyor and mapper in the active practice of 167 
surveying and mapping, which experience is of a nat ure 168 
indicating that the applicant was in responsible charge of the 169 
accuracy and correctness of the surveying and mapping work 170 
performed. Work experience acquired as a part of the education 171 
requirement may not be construed as experience in responsible 172 
charge. 173 
 (b)  The applicant has received a bachelor's degree, its 174 
equivalent, or higher in a course of study, other than in 175     
 
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surveying and mapping, at an accredited college or university 176 
and has a specific experience record of 6 or more years as a 177 
subordinate to a registered surveyor and mapper in the active 178 
practice of surveying and mapping, which experience is 5 years 179 
of which shall be of a nature indicating that the applicant was 180 
in responsible charge of the accuracy and correctness of the 181 
surveying and mapping work performed. The applicant must have 182 
completed a minimum of 25 semester hours from an accredited a 183 
college or university approved by the board in surveying and 184 
mapping subjects or in any combination of courses in civil 185 
engineering, surveying, mapping, mathematics, photogrammetry, 186 
forestry, or land law and the physical sciences. Any of the 187 
required 25 semester hours of study co mpleted not as a part of 188 
the bachelor's degree, its equivalent, or higher may be approved 189 
at the discretion of the board. Work experience acquired as a 190 
part of the education requirement may not be construed as 191 
experience in responsible charge. 192 
 (c)  The applicant has received an associate degree and has 193 
a specific experience record of 6 or more years as a subordinate 194 
to a professional surveyor and mapper in the active practice of 195 
surveying and mapping, which experience is of a nature 196 
indicating that the app licant was in responsible charge of the 197 
accuracy and correctness of the surveying and mapping work 198 
performed. The applicant must have completed a minimum of 25 199 
semester hours from an accredited a college or university in 200     
 
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surveying and mapping subjects or i n any combination of courses 201 
in civil engineering, surveying, mapping, mathematics, 202 
photogrammetry, forestry, or land law and the physical sciences. 203 
Work experience acquired as a part of the education requirement 204 
may not be construed as experience in respo nsible charge. 205 
 (d)  The applicant has received a high school diploma, or 206 
its equivalent, and has a specific experience record of 6 or 207 
more years as a subordinate to a professional surveyor and 208 
mapper in the active practice of surveying and mapping, which 209 
experience is of a nature indicating that the applicant was in 210 
responsible charge of the accuracy and correctness of the 211 
surveying and mapping work performed. The applicant must have 212 
completed a minimum of 25 semester hours from an accredited 213 
college or university in surveying and mapping subjects or in 214 
any combination of courses in civil engineering, surveying, 215 
mapping, mathematics, photogrammetry, forestry, or land law and 216 
the physical sciences. Work experience acquired as a part of the 217 
education requirement may not be construed as experience in 218 
responsible charge. 219 
 (e)  The applicant holds a valid license to practice 220 
surveying and mapping in another state, jurisdiction, or 221 
territory, and has 2 years of experience in the active practice 222 
of surveying and mapping, which experience is of a nature 223 
indicating that the applicant was in responsible charge of the 224 
accuracy and correctness of the surveying and mapping work 225     
 
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performed. 226 
 (f)  The applicant has received a registered apprenticeship 227 
certificate in surveyin g and mapping after completing a 228 
registered apprenticeship program approved by the Department of 229 
Education and has a specified experience record of 2 or more 230 
years as a subordinate to a professional surveyor and mapper in 231 
the active practice of surveying a nd mapping, which experience 232 
is of a nature indicating that the applicant was in responsible 233 
charge of the accuracy and correctness of the surveying and 234 
mapping work performed. Work experience acquired as a part of 235 
the education requirement may not be cons trued as experience in 236 
responsible charge. 237 
 Section 4.  Subsection (4) of section 472.003, Florida 238 
Statutes, is amended to read: 239 
 472.003  Persons not affected by ss. 472.001 -472.037.—240 
Sections 472.001-472.037 do not apply to: 241 
 (4)  Persons employed by co unty property appraisers, as 242 
defined at s. 192.001(3), and persons employed by the Department 243 
of Revenue, to prepare maps for property appraisal purposes 244 
only, but only to the extent that they perform mapping services 245 
which do not include any surveying act ivities as described in s. 246 
472.005 s. 472.005(4)(a) and (b) . 247 
 Section 5.  This act shall take effect July 1, 2022. 248