RULE 5J-17 AS OF JANUARY 16, 2023.pdf

CHAPTER 5J-17 PROFESSIONAL SURVEYORS AND MAPPERS 5J-17.001 Probable Cause Panel 5J-17.002 Attendance at Board Meetings 5J-17.003 Applications for Licensure: Approved Schools and Colleges 5J-17.004 Board Member Compensation 5J-17.005 Security and Monitoring Procedures for Licensure Examination (Repealed) 5J-17.006 Notice of Mailing Address and Places of Practice 5J-17.007 Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States 5J-17.010 Grounds for Discipline 5J-17.011 Disciplinary Guidelines 5J-17.012 Payment of Fine 5J-17.013 Unauthorized Practice of Surveying and Mapping by or as Part of a Business Entity 5J-17.014 Reapplication by Persons Whose Licenses Have Been Revoked by the Board 5J-17.015 Statement Regarding Lack of Insurance 5J-17.016 Time for Compliance With Final Order; Probation 5J-17.020 Applications for Licensure: Experience 5J-17.021 Applications for Licensure: Education 5J-17.022 Applications for Surveyor and Mapper Intern/Surveyor in Training 5J-17.025 Domestic Equivalency Education Program Criteria for Applicants Who Graduated from Non-ABET Accredited Surveying and Mapping Degree Programs (Repealed) 5J-17.026 Foreign Degree Evaluation 5J-17.027 Documentation of Substantially Equivalent Licensing Examination (Repealed) 5J-17.028 Application for Retired Status 5J-17.029 Application Deadlines 5J-17.030 Certification of Eligibility for Examination and Notification to Applicants 5J-17.031 Written Examination Designated; General Requirements 5J-17.032 Content of Examination 5J-17.0321 Examination Administration 5J-17.0322 Licensure Examination Format and Procedures for Candidates with Disabilities 5J-17.033 Grading Criteria and Procedures (Repealed) 5J-17.034 Grading 5J-17.035 Use of Pilot Test Items in Examinations 5J-17.036 Grades Review Procedure 5J-17.037 Re-examination 5J-17.038 Guidelines for Sharing Department-Developed Examinations With Other States’ Licensing Authorities 5J-17.0381 Translations 5J-17.039 Licensure, Inactive Status, Delinquent Status, Reactivation 5J-17.040 Continuing Education Requirements for Reactivation of Inactive License 5J-17.041 Continuing Education Credit for Biennial Renewal 5J-17.042 Proof of Continuing Education Credit Earned 5J-17.043 Board Approval of Continuing Education Providers 5J-17.044 Obligations of Continuing Education Providers 5J-17.045 Evaluations of Continuing Education Providers 5J-17.046 Duration of Provider Status 5J-17.047 Approval of Continuing Education Courses (Repealed) 5J-17.048 Reinstatement of Null and Void License 5J-17.050 Definitions 5J-17.051 Standards of Practice – General Survey, Map, and Report Content Requirements 5J-17.052 Standards of Practice – Boundary Survey Requirements 5J-17.053 Standards of Practice – Professional Matters in Surveying and Mapping 5J-17.060 Seals Acceptable to the Board 5J-17.061 Seal and Signature (Repealed) 5J-17.062 Procedures for Signing and Sealing Electronically Transmitted Surveys or Other Documents 5J-17.063 Certificates of Authorization 5J-17.070 Fees 5J-17.071 Fee to Enforce Prohibition Against Unlicensed Activity 5J-17.080 Citations 5J-17.081 Notices of Noncompliance 5J-17.082 Mediation 5J-17.083 Probation 5J-17.084 Surrender of Seal and Cancellation of Digital Signature (Repealed) 5J-17.085 Survey Review 5J-17.086 Appointment to the Board 5J-17.102 Financial Integrity of the Board 5J-17.200 Definitions 5J-17.203 Examinations for Licensure of Foreign-Trained Exiled Professionals 5J-17.204 Graduation Documentation; Verification by Professional Association in Exile 5J-17.206 Three Years Lawful Practice for Foreign Trained Exiled Professionals 5J-17.208 Pre-examination Continuing Education Program for Foreign Trained Exiled Professionals 5J-17.210 Fees for Foreign Trained Exiled Professionals 5J-17.400 Special Assessment Fee (Repealed) 5J-17.001 Probable Cause Panel. (1) The probable cause panel is the committee designated by law to determine whether the Department of Agriculture and Consumer Services has sufficient evidence to proceed in the prosecution of a violation of Chapter 472, F.S., as applicable provision of Chapter 177, F.S., or any rules of the Board or the Department promulgated pursuant to those chapters of Florida Law. The panel makes its decision in a confidential meeting based on evidence provided by the Department as a result of the Department’s investigation of a complaint which the Department has already determined to be legally sufficient. (2) The chair shall appoint two members to serve on the probable cause panel, one of which must be either a present or former surveyor and mapper member of the Board. The other member shall be a present or former consumer member of the Board if one is available and willing to serve. However, the probable cause panel must, at all times, contain a present board member. Nothing herein shall be construed to limit to one the number of surveyor and mapper past Board members that the chair may appoint to the probable cause panel if there are more than two members appointed to that panel by the chair. (3) A majority vote of the probable cause panel shall determine whether probable cause exists to believe that a violation has occurred of Chapters 472, 177, F.S. or Chapter 5J-17, F.A.C. In the event the two members of the probable cause panel fail to agree on any particular case, the chair of the Board shall assign a third person to the probable cause panel solely for the purpose of casting the decisive vote in that case. The third person shall be a member of the Board. Rulemaking Authority 472.008, 472.033(4) FS. Law Implemented 472.033(4) FS. History–New 2-7-91, Amended 3-23-93, Formerly 21HH-1.0051, Amended 5-31-95, 7-27-00, Formerly 61G17-1.0051, Amended 5-11-15. 5J-17.002 Attendance at Board Meetings. (1) Board members shall attend all regularly scheduled Board meetings unless prevented from doing so by reason of court order, subpoena, business with a court which has the sole prerogative of setting the date of such business, death of a family member, or illness of the Board member, or illness within the member’s immediate family. (2) No Board member may be absent from three consecutive regularly scheduled Board meetings unless the absence is excused for one of the reasons stated in subsection (1) of this rule. An absence for any reason other than the reasons stated in subsection (1), constitutes an unexcused absence for the purpose of declaring a vacancy on the Board. An otherwise excused absence is not excused if the Board member fails to notify the Board office of the impending absence prior to the regularly scheduled Board meeting at which the absence will occur or unless the failure to notify the Board office is the result of circumstances surrounding the reason for the absence which the Board itself excuses after the absence has occurred. (3) “Family” consists of immediate family, nieces, nephews, cousins, and in-laws. (4) “Immediate family” consists of spouse, child, parents, parents-in-law, siblings, grandchildren, and grandparents. Rulemaking Authority 472.007 FS. Law Implemented 472.007 FS. History–New 3-23-93, Formerly 21HH-1.0071, Formerly 61G17-1.0071, Amended 11-13-17. 5J-17.003 Applications for Licensure: Approved Schools and Colleges. (1) For purposes of Section 472.013(2), F.S., colleges and universities accredited by a regional association of colleges and universities recognized by the United States Department of Education are deemed approved by the Board. (2) Foreign colleges and universities accredited or approved by the national government of the country where the college or university is located, or by any national or regional entity approved or recognized by said government, are deemed approved by the Board. 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 11-13-17. 5J-17.004 Board Member Compensation. (1) Board members shall be eligible to receive compensation of fifty dollars ($50.00) per day for attendance at regularly scheduled board meetings and also for attendance and participation in official board-related business. Examples of official board- related business include: meetings scheduled at the direction of the Board; committee meetings; committee or board workshops; meetings or conferences with Department staff or consultants; meetings or conferences attended at the request of the Commissioner or the Commissioner’s designee; judicial or administrative proceedings at which the board member appears as a witness or representative of the Board at the request of counsel to the Board; legislative meetings where discussion will be held concerning Chapter 472, F.S.; and legislative committee meetings where discussion will be held concerning Chapter 472, F.S. (2) In the event a board member is present for a particular official meeting which is cancelled without prior notice, the board member shall be eligible for compensation provided the member was present at the scheduled time. Rulemaking Authority 472.007(5) FS. Law Implemented 472.007(5) FS. History–New 5-23-82, Formerly 21HH-1.11, 21HH-1.011, Amended 5-31- 95, Formerly 61G17-1.011. 5J-17.005 Security and Monitoring Procedures for Licensure Examination. Rulemaking Authority 120.54(8), 472.0131 FS. Law Implemented 472.0131 FS. History–New 4-15-82, Formerly 21HH-1.13, 21HH-1.013, 61G17- 1.013, Repealed 12-15-14. 5J-17.006 Notice of Mailing Address and Places of Practice. (1) It shall be the duty and sole responsibility of each licensee and each corporation or partnership holding a certificate of authorization issued pursuant to Section 472.021, F.S., to provide written notification to the Department of the licensee’s or certificate of authorization holder’s current mailing address and place of practice. Each licensee and certificate of authorization holder shall also provide written notification to the Department of any changes to the mailing address or any additions to or deletion from the reported place of practice within thirty (30) days after the occurrence of the change, addition, or deletion. It is requested that all licensees and corporation or partnership holding a certificate of authorization issued pursuant Section 472.021, F.S., provide the Department with their email address when possible. (2) The term “mailing address” shall mean the address at which the licensee and certificate of authorization holder wishes to receive all official communications, notifications, and correspondence from the Board or the Department through United States Postal Service delivery or for service of process. (3) For licensees, the term “place of practice” shall mean the address of the primary location at which the licensee holds himself or herself out as qualified to engage in the practice of professional surveying and mapping. (4) For each certificate of authorization holder, the term “place of practice” shall mean the address of the primary location where the certificate of authorization holder offers professional surveying and mapping services. Rulemaking Authority 455.275 FS. Law Implemented 455.275 FS. History–New 8-3-00, Formerly 61G17-1.019. 5J-17.007 Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States. Spouses of members of the United States Armed Forces are exempt from licensure renewal provisions, but only in cases of absence from the state because of their spouses’ duties with the United States Armed Forces. Copies of the military orders requiring the change in duty station must be sent to the Board office in order to qualify for the exemption. Upon receipt of the military orders by the Board office confirming exemption eligibility, the spouse’s license will be placed on inactive status with no fee required. Reactivation of the inactive license will not require payment of the fee set forth in Rule 5J-17.070, F.A.C. The license will remain in inactive status for up to two renewal cycles at which time the licensee must either renew this exemption, before expiration, by submitting a current set of orders establishing eligibility for the exemption or reactivate the license. The licensee may reactivate the license by submitting an application for change of status from inactive to active and will not be required to pay the fee set forth in Rule 5J-17.070, F.A.C., nor be required to comply with any rules setting conditions for reactivation of licensure, including continuing education requirements imposed by section 472.019, F.S. If a license is not reactivated nor the exemption renewed by the expiration date, the license shall become delinquent. Reactivation of the delinquent license will not require payment of the fee set forth in Rule 5J-17.070, F.A.C. Rulemaking Authority 472.016(2) FS. Law Implemented 472.016(2) FS. History–New 6-17-04, Formerly 61G17-1.020, Amended 7-11-19. 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. 5J-17.011 Disciplinary Guidelines. (1) The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners and applicants for licensure guilty of violating Chapter 472, F.S. The purpose of the disciplinary guidelines is to give notice to licensees and applicants of the range of penalties which will normally be imposed upon violations of particular provisions of Chapter 472, F.S. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapter 472, F.S., or the rules promulgated thereto, or other unrelated violations will be grounds for enhancement of penalties as outlined below. All penalties set forth in the guidelines include lesser penalties, i.e., reprimand and or course work which may be included in the final penalty at the Board’s discretion. (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) Violation of any provision of Section 472.031, F.S.; (Section 472.0351(1)(a), F.S.) MINIMUM MAXIMUM FIRST OFFENSE Reprimand, $250 fine. Denial or probation and $500.00 fine. SECOND OFFENSE Probation and $500 fine. Denial or suspension followed by a term of probation and $750.00 fine. THIRD OFFENSE Suspension followed by a term of probation and Revocation and $1,000.00 fine. $750.00 fine. (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, $250.00 fine. Denial or suspension followed by a term of probation and $750.00 fine. SECOND OFFENSE denial or suspension followed by a term of Revocation and $1,000.00 fine. probation and $750.00 fine. (c) Having a license to practice surveying and mapping revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country; (Section 472.0351 (1)(c), F.S.) MINIMUM MAXIMUM FIRST OFFENSE $100.00 fine and same penalty imposed by the Denial of licensure or $250.00 fine and other jurisdiction. suspension followed by probation. SECOND OFFENSE $250.00 fine and same penalty imposed by the Denial of licensure or $500 fine and other jurisdiction which at a minimum must revocation. include a term of probation. THIRD OFFENSE $500.00 fine and same penalty imposed by the Denial of licensure or $750 fine and other jurisdiction which at a minimum must permanent revocation. include a term of suspension. (d) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of surveying and mapping or the ability to practice surveying and mapping; (Section 472.0351 (1)(d), F.S.) MINIMUM MAXIMUM FIRST OFFENSE $250.00 fine. Denial of licensure or $500.00 fine and suspension to be followed by a term of probation. SECOND OFFENSE $500.00 fine and probation. Denial of licensure or $1,000.00 fine and revocation. (e) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those that are signed in the capacity of a registered surveyor and mapper; (Section 472.0351(1)(e), F.S.) MINIMUM MAXIMUM FIRST OFFENSE $250.00 fine. $500.00 fine and suspension to be followed by probation. SECOND OFFENSE $500.00 fine and probation. $750.00 fine and suspension to be followed by probation. THIRD OFFENSE $750.00 fine and suspension to be followed by $1,000.00 fine and revocation. probation. (f) Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content; (Section 472.0351 (1)(f), F.S.) MINIMUM MAXIMUM FIRST OFFENSE $250.00 fine. $500.00 fine and probation. SECOND OFFENSE $500.00 fine. $750.00 fine and suspension to be followed by probation. THIRD OFFENSE $750.00 fine and probation. $1,000.00 fine and suspension to be followed by probation. (g) Upon proof that the licensee is guilty of fraud or deceit, or of negligence, incompetency, or misconduct, in the practice of surveying and mapping; (Section 472.0351 (1)(g), F.S.) MINIMUM MAXIMUM FIRST OFFENSE $250.00 fine and probation. $750.00 fine and suspension to be followed by a term of probation. SECOND OFFENSE $750.00 fine and suspension to be followed by $1,000.00 fine and revocation. a term of probation. (h) Failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provision of this chapter, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department; (Section 472.0351(1)(h), F.S.) MINIMUM MAXIMUM FIRST OFFENSE $250.00 fine, probation, and compliance with $500.00 fine and probation or suspension. legal obligation. SECOND OFFENSE $500.00 fine and probation or suspension until $750.00 fine and probation or suspension compliance with legal obligation. plus extended probation. THIRD OFFENSE $750.00 fine and probation or suspension until $1,000.00 fine and revocation. compliance with legal obligation plus extended probation. (i) Practicing on a revoked, suspended, inactive, or delinquent license; (Section 472.0351(1)(i), F.S.) MINIMUM MAXIMUM FIRST OFFENSE $1,000.00 fine and probation. $1,000.00 fine, denial or suspension followed by probation or if already suspended an extended suspension followed by probation. SECOND OFFENSE $1,000.00 fine, denial or suspension followed $1,000.00 fine and revocation. by probation or if already suspended an extended suspension followed by probation. (j) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee; (Section 472.0351(1)(j), F.S.) MINIMUM MAXIMUM FIRST OFFENSE $250.00 fine. Denial of licensure or $500.00 fine and suspension to be followed by a term of probation. SECOND OFFENSE $500.00 fine and probation. Denial of licensure or $1,000.00 fine and revocation. (k) Failing to report to the department any person who the the licensee knows is in violation of this chapter or the rules of the department or the board; (Section 472.0351(1)(k), F.S.) MINIMUM MAXIMUM FIRST OFFENSE $250.00 fine and compliance with rule. $500.00 fine and suspension. SECOND OFFENSE $500.00 fine and suspension until compliance $750.00 fine and suspension followed by with rule. probation. THIRD OFFENSE $750.00 fine and suspension until compliance $1,000.00 fine and revocation with rule followed by probation. (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 $100.00 fine and same penalty imposed by the Denial of licensure or $250.00 fine and other jurisdiction. suspension followed by probation. SECOND OFFENSE $250.00 fine and same penalty imposed by the Denial of licensure or $500.00 fine and other jurisdiction which at a minimum must revocation. include a term of probation. THIRD OFFENSE $500.00 fine and same penalty imposed by the Denial of licensure or $750.00 fine and other jurisdiction which at a minimum must permanent revocation. include a term of suspension. (m) Making deceptive, untrue, or fraudulent representations in or related to the practice of the professional surveying or mapping or employing a trick or scheme in or related to the practice of professional surveying or mapping; (Section 472.0351(1)(m), F.S.) MINIMUM MAXIMUM FIRST OFFENSE $500.00 fine and probation. $750.00 fine, denial or suspension to be followed by a term of probation. SECOND OFFENSE $750.00 fine, denial or suspension to be followed $1,000.00 fine and denial or revocation. by a term of probation. (n) Exercising influence on the client for the purpose of financial gain of the licensee or a third party; (Section 472.0351(1)(n), F.S.) MINIMUM MAXIMUM FIRST OFFENSE $100.00 fine. $250.00 fine and probation. SECOND OFFENSE $250.00 fine. $500.00 fine and suspension to be followed by a term of probation. THIRD OFFENSE $500.00 fine and probation. $750.00 fine and suspension to be followed by a term of probation (o) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform; (Section 472.0351(1)(o), F.S.) MINIMUM MAXIMUM FIRST OFFENSE $250.00 fine Denial of licensure or $500.00 fine and suspension to be followed by a term of probation. SECOND OFFENSE $500.00 fine and probation Denial of licensure or $1,000.00 fine and revocation. (p) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them; (Section 472.0351(1)(p), F.S.) MINIMUM MAXIMUM FIRST OFFENSE $250.00 fine. $500.00 fine and suspension to be followed by probation. SECOND OFFENSE $500.00 fine and probation. $750.00 fine and suspension to be followed by probation. THIRD OFFENSE $750.00 fine and suspension to be followed by $1,000.00 fine and revocation. probation. (q) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding; (Section 472.0351(1)(q), F.S.) MINIMUM MAXIMUM FIRST OFFENSE $250.00 fine and probation. $500.00 fine and denial or suspension followed by probation. SECOND OFFENSE $750.00 fine and probation. $1,000.00 fine and denial or permanent revocation. (r) Failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper pursuant to Chapter 177, F.S. (Chapter 177 F.S.) MINIMUM MAXIMUM FIRST OFFENSE $250.00 fine, probation, and compliance with $500.00 fine and probation or suspension legal obligation. until compliance with legal obligation. SECOND OFFENSE $500.00 fine and probation or suspension until $750.00 fine and probation or suspension compliance with legal obligation. until compliance with legal obligation plus extended probation. THIRD OFFENSE $750.00 fine and probation or suspension until $1,000.00 fine and revocation. compliance with legal obligation plus extended probation. (3) When either the petitioner or respondent is able to demonstrate aggravating or mitigating circumstances to the board, the board shall be entitled to deviate from the above guidelines in imposing discipline upon an applicant or licensee. Absence of any such evidence of aggravating or mitigating circumstances before the administrative law judge prior to the issuance of a recommended order shall not relieve the board of its duty to consider evidence of mitigating or aggravating circumstances. The Board shall consider as mitigating or aggravating circumstances the following: (a) The degree of harm to the consumer or public; (b) The number of counts in the administrative complaint; (c) The disciplinary history of the applicant or licensee; (d) The status of the applicant or licensee at the time the offense was committed; (e) The degree of financial hardship incurred by a licensee as a result of the imposition of the fines or suspension of his practice; (f) The length of time the licensee has practiced; (g) The deterrent effect of the discipline imposed; (h) Any efforts at rehabilitation; (i) Actual knowledge of the licensee pertaining to the violation; and, (j) Any other mitigating or aggravating circumstances. Rulemaking Authority 472.008 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 11-13-17, 7-15-18. 5J-17.012 Payment of Fine. All fines imposed by the Board shall be paid within ninety (90) days from the date of the final order entered by the Board unless the final order extends the deadline in any given case. 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 11-13-17. 5J-17.013 Unauthorized Practice of Surveying and Mapping by or as Part of a Business Entity. (1) Definitions. (a) “Business entity.” A business entity is a corporation, partnership, professional association, firm, or individual practicing under a fictitious name, engaged in the practice of surveying and mapping for public use. (b) “Principal.” A principal of a business entity is a principal officer of a corporation, a partner in a partnership, or a person who has a financial interest in the professional association or firm. An individual practicing under a fictitious name is also a principal. (2) A business entity may not provide surveying and mapping services to the public nor engage in the practice of surveying and mapping for public use unless the business entity first secures a certificate of authorization from the Board. (3) Business entities may not provide surveying and mapping services to the public unless: (a) One or more of the principal officers of the corporation is a registered surveyor and mapper, or (b) One or more of the partners of the partnership is a registered surveyor and mapper, or (c) One or more of the principals of a business entity which is not a corporation or a partnership is a registered surveyor and mapper. (4) Surveyors and mappers may not practice surveying and mapping as part of a business entity unless: (a) At least one of the principals of the business entity is a registered surveyor and mapper; and, (b) All of the personnel of the business entity who act as surveyors and mappers either display current certificates of registration as surveyors and mappers licensed by the Board or are acting under the direct supervision of such a surveyor and mapper as surveyor and mapper trainees; and, (c) The business entity displays a current Certificate of Authorization from the Board of Professional Surveyors and Mappers at its principal office. (5) A business entity may be disciplined for any violation for which an individual surveyor and mapper may be disciplined. Rulemaking Authority 472.008 FS. Law Implemented 472.021, 472.0351 FS. History–New 3-12-92, Formerly 21HH-2.003, Amended 6-1-95, 5-17- 00, Formerly 61G17-2.003. 5J-17.014 Reapplication by Persons Whose Licenses Have Been Revoked by the Board. (1) Applicants whose licenses have been revoked by the Board may not reapply for licensure until at least seven (7) years have elapsed since the latter of the Board’s final order of revocation or the issuance of the final mandate from an appellate court affirming the revocation of licensure by the Board. (2) The Board will not entertain any application for relicensure until and unless the applicant whose license has been revoked by the Board has complied with any order of the Board which imposed a fine or set conditions to be met by the applicant. (3) Applicants whose licenses have been revoked by the Board must meet all the requirements for licensure that exist at the time of reapplication, including examination. In addition, applicants whose licenses have been revoked by the Board must appear before the Board. At that appearance and after discussion with the applicant, the Board may impose additional conditions on the applicant to satisfy the Board that the applicant is, through education obtained subsequent to the revocation of the applicant’s licensure, capable of adequately providing services to the public as a professional surveyor and mapper. (4) The Board may place the applicant on probation as a condition of relicensure. The Board may also require education or therapy as a condition of relicensure. The Board may not, however, impose a fine as a condition of relicensure unless a previously imposed fine was not paid by the applicant within the time-frame which the applicant was to have paid the previous fine. Rulemakingc Authority 472.0351 FS. Law Implemented 472.0351 FS. History–New 3-23-93, Formerly 21HH-2.004, Amended 6-1-95, Formerly 61G17-2.004. 5J-17.015 Statement Regarding Lack of Insurance. In addition to the office sign required by Section 472.015, F.S., if 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 11- 13-17. 5J-17.016 Time for Compliance With Final Order; Probation. (1) In cases where the Board imposes an administrative fine for a violation of Chapter 472, F.S., or of the rules promulgated thereunder, the penalty shall be paid within ninety (90) days of its imposition by order of the Board, unless a later time for payment is specified in the Board’s Order. (2) Failure to pay an administrative fine within the time specified in this rule or in the Board’s Order shall constitute grounds for further disciplinary action against the licensee. (3) For purposes of this rule, the term “administrative fine” civil penalty shall include the assessment of any fines, costs associated with investigation and prosecution of the complaint, including attorney’s fees, if applicable, and restitution. (4) In cases where the Board imposes probation and/or suspension for violation of Chapter 472, F.S., or of the rules promulgated thereunder, the following conditions shall apply: (a) The licensee shall be required to appear before the Probation Committee of the Board at such times as directed by the Executive Director, or as specified in the Final Order. (b) At each probation appearance, in connection with the submission of surveys as required by the licensee being placed on probation, the licensee shall answer questions under oath and shall provide a list of all surveys performed including type of survey, since the entry of the Final Order if it is the first probation appearance or since the last probation appearance if it is other than the first probation appearance. In addition, the licensee shall provide such other information or documentation as is requested by either the Department, the Board or the Probation Committee. The licensee shall forward said documentation to the Board in advance of the probation appearance. (c) The burden shall be solely upon the licensee to remember the requirement for said appearance, and to take the necessary steps in advance of said appearance to contact the Board office and ascertain the specific time, date, and place of said appearance. The licensee shall not rely on getting notice of said appearance from the Board or the Department. (d) Should the licensee violate any condition of probation, it shall be considered a violation of Section 472.0351(1)(h), F.S., and shall result in further disciplinary action by the Board. (e) Should the licensee’s license to practice surveying and mapping be suspended or otherwise placed on inactive status, or if the licensee leaves the practice of surveying and mapping for thirty (30) days or more, the probation period shall be tolled and shall resume running at the time the licensee reactivates the license or returns to the active practice of surveying and mapping, and the licensee shall then serve the time remaining in the term of probation. 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, 11-13-17. 5J-17.020 Applications for Licensure: Experience. (1) To verify an applicant’s experience the Board will accept evidence as to employment from employers or supervisors who are registered surveyors and mappers, and if such evidence is unavailable, the Board will consider written documentation from a registered surveyor and mapper who has personal knowledge of the applicant’s experience. Such evidence shall set forth the quality and character of the applicant’s duties and responsibilities. A National Council of Examiners for Engineering and Surveying (NCEES) Record will be acceptable as evidence. (2) The term “year” as appears in Section 472.013, F.S., when referring to an applicants’ experience record, is defined as twelve (12) months of full time employment as a subordinate to a registered surveyor and mapper in the active practice of surveying and mapping. Full time employment is at least 32 hours per week. (3) Experience while in “responsible charge” gained through full time employment before an applicant has reached the age of eighteen (18) may not be used to meet the experience record requirements of Section 472.013, F.S., exceptions to said rule shall be made on a case by case basis subject to Board approval. 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 11-13-17, 7-15-18. 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) Graduated from a college or university approved by the Board pursuant to Rule 5J-17.003, F.A.C.; and, (b) Completed a bachelor’s degree, its equivalent, or higher in surveying and mapping or a similar titled program, including geomatics, geomatics engineering, and land surveying from a college or university recognized by the board and accredited by the Accreditation Board for Engineering and Technology (ABET). (2) To meet the educational requirements, an applicant who completed a non-ABET accredited program must have: (a) Graduated from a college or university approved by the Board pursuant to Rule 5J-17.003, F.A.C.; and (b) Completed a bachelor’s degree, its equivalent, or higher in surveying and mapping or a similar titled program, including, but not limited to, geomatics, geomatics engineering, and land surveying that meets the following criteria: 1. Eighteen (18) minimum semester credits in communications, social science, and humanities; 2. Eight (8) minimum semester credits in physical and/or biological science; 3. Six (6) minimum semester credits in mathematics; 4. Thirty (30) minimum semester credits of surveying and mapping courses including but not limited to measurement theory, survey graphics, adjustments, cartography, photogrammetry, geodesy, computations, GIS theory, legal principles, survey practice, boundary surveying, topographic mapping, route surveying, construction surveying, subdivision design, geodetic surveying, and GIS applications; and, 5. Coverage of at least five (5) of seven (7) surveying and mapping science areas, which are: (1) field surveying instruments and methods, (2) land boundary principles, (3) photogrammetric mapping and image interpretation and remote sensing, (4) surveying calculation and data adjustments, (5) geodetic coordinates, (6) cartographic representation, projections, and map production, and (7) geographic information systems; (3) To determine that an applicant for licensure has met the educational requirements of Section 472.013(2)(b), F.S., the applicant must demonstrate that he/she has: (a) Graduated from a college or university approved by the Board pursuant to Rule 5J-17.003, F.A.C.; and (b) Completed a bachelor’s degree, its equivalent, or higher, at an accredited college or university that does not conform to paragraph (1)(b) or subsection (2) of this section. The applicant must have completed a minimum of 25 semester hours from a college or university approved by the board in surveying and mapping subjects or in any combination of courses in civil engineering, forestry, mathematics, photogrammetry, land law, and the physical sciences. (4) To verify the applicant’s education the applicant shall provide the Board an official transcript submitted directly from the college or university, or a National Council of Examiners for Engineering and Surveying (NCEES) Record submitted directly from NCEES. (5) The Board shall make the final decision regarding qualifications of programs and shall determine whether an applicant shall be approved for admittance to the examination or for licensure by endorsement. Rulemaking Authority 472.008, 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 11-13-17, 7-15-18, 7-11-19. 5J-17.022 Applications for Surveyor and Mapper Intern/Surveyor in Training. (1) To meet the educational requirements of Section 472.013(3) F.S., the applicant must: (a) Obtain the required semester hours pursuant to Section 472.013(3)(a) or (b), F.S., in a college or university approved by the Board; and must: (b) Provide an official transcript from the college or university, or a Letter of Good Standing as supplied in “Board of Professional Surveyors and Mappers Application for Surveyor in Training,” FDACS-10055, Rev. 11/22, incorporated by reference in paragraph 5J-17.029(1)(c), F.A.C., which was completed by the college or university, and if pursuing licensure under Section 472.013(3)(b), F.S., must: (c) Provide evidence of specific surveying and mapping experience pursuant to Rule 5J-17.020, F.A.C. (2) Approval of the Application for Surveyor in Training by the Board will allow the person to take the Fundamentals of Surveying (FS) examination. Rulemaking Authority 472.013 FS. Law Implemented 472.013 FS. History–New 11-13-17, Amended 7-15-18, 12-27-22. 5J-17.025 Domestic Equivalency Education Program Criteria for Applicants Who Graduated from Non-ABET Accredited Surveying and Mapping Degree Programs. Rulemaking Authority 472.013 FS. Law Implemented 472.008, 472.013 FS. History–New 1-29-07, Formerly 61G17-3.0025, Amended 11-13-17, Repealed 7-15-18. 5J-17.026 Foreign Degree Evaluation. (1) To assist in determining whether an applicant for licensure with a foreign degree has met the educational requirements of Section 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 S.W. 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 11-13- 17. 5J-17.027 Documentation of Substantially Equivalent Licensing Examination. 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 11-13-17. 5J-17.028 Application for Retired Status. (1) A person wishing to apply for Retired Status 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 and complete the application entitled “Board of Professional Surveyors and Mappers Application For Retired Status,” FDACS-10053, Rev. 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.asp?No=Ref-08761. The Board shall certify as eligible for Retired Status any applicant who has completed the application form and who has chosen to relinquish or not to renew his or her license. (2) Professional Surveyors and Mappers on Retired Status may use the term “Professional Surveyor and Mapper Retired or PLS Retired”; however, such surveyor or mapper shall refrain from any practice of surveying and mapping and the use of his or her seal. Any Professional Surveyor and Mapper in Retired Status who wishes to become active shall make application for licensure and meet the licensure criteria in effect at the time of application. 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 11-13-17. 5J-17.029 Application Deadlines. (1)(a) Applicants applying for a professional surveyors and mappers examination shall submit their completed application no less than 45 days prior to a scheduled meeting of the Board. It is the affirmative obligation of the applicant to submit an application deemed complete by the Board prior to the aforementioned deadline. (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: www.FDACS.gov. 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,” FDACS-10050, Rev. 11/22, 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.asp?No=Ref-14952. Applications deemed complete by the Board will be reviewed by the board or contracted vendor to determine eligibility at a date and time scheduled by the Board. (c) A person wishing to apply for designation as a surveyor in training (SIT) shall submit a completed application to the Board by applying online at: www.FDACS.gov. In lieu of completing an application online, an applicant shall obtain the application entitled “Board of Professional Surveyors and Mappers Application For Surveyor In Training,” FDACS-10055, Rev. 11/22, 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.asp?No=Ref-14954. Applicants shall submit their completed application or no less than 45 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. (2)(a) An applicant will be rescheduled by the Department or contracted vendor 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, 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) Any requests for rescheduling of an examination shall be submitted to the Department, in writing no later than 21 days following the last day of the applicable examination. Rulemaking Authority 472.006, 472.008 FS. Law Implemented 472.011, 472.0131, 472.015, 472.0365 FS. History–New 10-17-12, Amended 11-13- 17, 12-27-22. 5J-17.030 Certification of Eligibility for Examination and Notification to Applicants. (1) The Department, or its designee, will review all applications for licensure by examination to determine completeness of the application. (2) The Department shall make a determination whether an application is complete within thirty (30) days after receipt. The Board shall determine whether the applicant is qualified to take the licensure examination at the next available meeting of the Board. Applicants may attend the Board meeting when their application is considered, briefly address the Board, and submit evidence on their behalf. This eligibility determination shall be made within the time requirements of Section 120.60(1), F.S. (3) If the Department or board determines that the applicant is not qualified to take the examination the applicant may petition for a hearing before an administrative law judge under Sections 120.569 and 120.57, F.S. (4) After a decision is made by the Board that an applicant meets the lawful requirements for the licensure examination, the Department will submit the name of the applicant to the testing vendor for the next examination for which space is available. (5) If all certified candidates cannot be scheduled for the next examination due to space, time, or other limitations beyond the control of the Department, the candidates will be scheduled chronologically according to the date each applicant submitted their application. (6) The Department or vendor, if applicable, will notify applicants of the time, place, and date of the examination and provide the applicant with an official admission card or confirmation number, which will be required for admission to the examination. The Department or vendor shall inform the candidate of the length of the examination, subject content of the examination, and any special equipment or materials needed for the examination. Rulemaking Authority 472.008 FS. Law Implemented 120.60, 472.0131(1), 472.015 FS. History–New 10-17-12. 5J-17.031 Written Examination Designated; General Requirements. (1) The examination shall consist of the following: (a) National: 1. Principles and Practice Examination prepared by the National Council of Examiners for Engineering and Surveying (NCEES); 2. Fundamentals Examination prepared by the National Council of Examiners for Engineering and Surveying (NCEES); (b) Florida: Florida Jurisdictional Examination prepared by the Department or Board designee. (2) Re-examination in the Principles and Practice Examination and the Fundamentals Examination will not be required for licensure if the applicant has successfully completed those NCEES portions previously; however, the Florida Jurisdictional Examinations will be required of all applicants. (3) Only a non-annotated copy of Chapters 95, 161, 177, 472, 718 and Section 287.055, F.S., and Chapters 62B-33 and 5J-17, F.A.C., are permitted at the Florida Jurisdictional Examination testing site. (4) Examination security requirements as set forth by the NCEES shall be followed throughout the administration of the NCEES Principles and Practice Examination and the NCEES Fundamentals Examination. Examination security requirements as set forth by the Department or its contracted vendor shall be followed throughout the administration of the Florida Jurisdictional Examination. 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 11-13-17. 5J-17.032 Content of Examination. (1) The Fundamentals Examination shall be on surveying and mapping fundamentals and will include questions taken from subjects normally connected with requirements for basic fundamentals in the practice of surveying and mapping. The examination problems selection is made by the NCEES. (2) The Principles and Practice Examination shall be based on professional practice and principles in surveying and mapping and will involve the applicant’s finding solutions to problems designed to test the applicant’s ability to apply acceptable surveying and mapping practice to problems which are representative of those commonly encountered in the profession of surveying and mapping. The examination problem selection is made by the NCEES. (3) The Florida Jurisdictional Examination shall be based on Florida’s laws and rules regarding the practice of surveying and mapping. The following areas shall be tested on the examination and will be weighted approximately as designated: Statute/Rule Area Tested Assigned Weight Chapter 177, Part I, F.S. Platting 30% Chapter 177, Part II, F.S. Coastal Mapping Chapter 161, F.S. Chapter 62B-33, F.A.C. Chapter 177, Part III, F.S. Restoration of Corners Chapter 472, F.S. Land Surveying and Mapping 15% Chapter 718, F.S. Condominiums 5% Chapter 95, F.S. Adverse Possession 5% Rules 5J-17.001 to 5J-17.007, F.A.C. Organization & Purpose Rules 5J-17.010 to 5J-17.016, F.A.C. Grounds for Discipline Rules 5J-17.040 to 5J-17.047, F.A.C. Continuing Education 40% Rules 5J-17.050 to 5J-17.053, F.A.C. Standards of Practice Rules 5J-17.060 to 5J-17.062, F.A.C. Seals, Signatures andCertificates of Authorization Rules 5J-17.080 to 5J-17.085, F.A.C. Penalties Chapter 472, F.S., and Department of Agriculture and Consumer Services – General Provisions 5% Section 287.055, F.S. Consultants’ Competitive Negotiation Act 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, 11-13-17. 5J-17.0321 Examination Administration. (1) During the examination, the candidates will follow the instructions of the examination supervisor. The candidates will be permitted to ask reasonable questions of the Department’s or testing vendor’s examination supervisor and proctors relating to the instructions. (2) The valid admission slip for the specified examination and a government-issued, signature bearing, photo I.D. such as driver’s license, must be presented in order to gain admission to the examination. The first and last name on an examinee’s I.D. and examination admission slip must match. Student I.D.s are not acceptable identification. (3) If the candidate arrives at the designated testing location after the designated starting time for an examination administered by the Department, the candidate will be permitted to take the examination only after the candidate has signed a statement clearly indicating the candidate’s late arrival time, and agreeing that the candidate will have only the remaining designated time in the examination to complete the examination. Any candidate who refuses to sign such a statement will be disqualified from the examination and may apply to the Department for scheduling for the next available examination. If, when the late candidate arrives, any other candidate has already finished the examination and left the examination room, the late candidate will not be permitted to sit for the examination and must apply to the Department for scheduling for the next available examination. For examinations administered by a vendor and national examinations, late candidates shall comply with the vendor’s or the national examination organization’s policies and procedures. (4) Administration requirements set forth by any national board and council will be complied with in the administration of the specific examination. (5) All examination items, answer sheets, other examination papers, computer files, and materials are the sole property of the Department of Agriculture and Consumer Services or the national provider. No candidate shall take any of the examination questions, answer sheets, other examination papers, computer files, and materials from the examination room or retain, reproduce, or compromise the materials in whole or in part by any means or method whatsoever. (6) For vendor administered examinations, candidates are permitted to test out of state, subject to fees charged by the vendor to the candidates for this service. (7) The examination supervisor, proctors, and testing vendor are the Department’s designated agents in maintaining a secure and proper examination administration. (8) The Department and its designated agents may use any technology to protect the integrity and security of any license examination. (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, F.S., including but not limited to, criminal penalties under Section 472.0132 or 472.031, F.S., as well as the administrative penalties set forth at Section 472.0351(2), F.S. (10) Conduct which subverts or attempts to subvert the examination process includes, but is not limited to: (a) Conduct which violates the security of the examination materials, such as removing from the examination room any of the examination materials; reproducing or reconstructing any portion of the licensing examination; aiding by any means in the reproduction or reconstruction of any portion of the licensing examination; selling, distributing, buying, receiving or having unauthorized possession of any portion of a future or current licensing examination. (b) Conduct which violates the standard of test administration, such as communicating with any other examinee during the administration of the examination; copying answers from another examinee or permitting one’s answers to be copied by another examinee during the administration of the examination; having in one’s possession during the administration of the licensing examination any book, notes, written or printed materials or data of any kind, other than the examination materials distributed or specifically listed as approved materials for the examination room in the information provided to the examinee in advance of the examination date by the Department and/or the national supplier of the examination. (c) Conduct which violates the credentialing process, such as falsifying or misrepresenting educational credentials or other information required for admission to the examination; impersonating an examinee or having an impersonator take the licensing examination on one’s own behalf. (11) Any violation of the conduct rules or other irregularities will be documented in writing by the Department’s agent(s) and the documentation of the violation or irregularity will be presented to the Board for consideration and action. The Department’s agent(s) shall exercise extreme care in their documentation to ensure that the violation or irregularities are precisely recorded as they were witnessed. (12) The Department or its designated agents shall take steps reasonably necessary to prevent or investigate any conduct which subverts or attempts to subvert the examination process. Rulemaking Authority 472.0131 FS. Law Implemented 472.0131 FS. History–New 10-17-12. 5J-17.0322 Licensure Examination Format and Procedures for Candidates with Disabilities. (1) The Department of Agriculture and Consumer Services will provide reasonable and appropriate accommodations to candidates with physical, mental, or specific learning disabilities to the extent permitted by cost, administration restraints, security considerations, and availability of resources. Accommodations made will vary depending upon the nature and the severity of the impairment. Each case will be dealt with on an individual basis within the limits prescribed herein. In the instances where an exam is developed or administered by a vendor, approval must be obtained from the vendor. (2) A candidate requesting special accommodation must file the request in addition to his or her completed application for licensure examination by the final application deadline of the assigned examination. The candidate must provide documentation of his or her disability completed by an appropriate professional. The candidate’s documentation shall include: (a) The diagnosis and length of time with the condition; (b) The name and the results of the test(s) used for diagnosis; and, (c) Recommended accommodations and testing environment. (3) Reasonable and appropriate accommodations will be made for qualifying candidates. All accommodations must be directly linked to the amelioration of the identified functional limitations caused by the asserted disability and must be reasonable and effective. Permissible accommodations include: (a) Flexible Time. Candidates requiring extra time for the examination must submit a recommendation of such from an appropriate professional. The Department recognizes that reading Braille or using a live reader takes longer than reading regular print. Untimed examinations will not be provided. (b) Flexible Setting. Individual and small group setting examination administrations shall be available to candidates when such a service is recommended by an appropriate professional. (c) Flexible Recording of Responses. The candidate’s responses can be recorded by a proctor, a tape recorder, a typewriter, a Braille writer, marked on the test booklet, or other method approved by the Department. The proctor may transcribe the candidate’s responses onto a machine scannable answer sheet. In these instances, the candidate will verify that the answers he or she indicated were marked. (d) Flexible Format. The test booklet may be produced in large print, high quality regular print, Braille, or the test may be tape recorded, read aloud, or signed by an interpreter. (e) Assistive Devices. The candidate, upon approval of the department, will be allowed to use appropriate assistive devices, such as lights, magnifiers, or special computer screens. (4) The Department shall request further evidence on the necessity of the accommodation when the evidence substantiating the need for the accommodation is not complete. The Department shall request that the applicant submit to another professional evaluation to verify the disability or to determine what accommodations are most appropriate and effective when the initial evaluation is inconclusive, unclear, or does not substantiate the need for the requested accommodation. (5) In no case shall any modifications authorized herein be interpreted or construed as an authorization to provide a candidate with assistance in determining the answer to any test item. No accommodation or modification shall be made that adversely affects the integrity of the examination. (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) Major life activities are activities that an average person can perform with little or no difficulty including walking, talking, hearing, breathing, learning, working, caring for one’s self, and performing manual tasks. (c) A person with a physical disability means any person who has a permanent or temporary physical or psychomotor disability. Examples of a disability under this section include those disabilities that require the use of a wheelchair, braces, or crutches. It also includes candidates with a hearing or sight disability, or those who may need special accommodation to move about. (d) A person with a learning disability means any person who has a permanent or temporary mental disability such as brain damage, brain dysfunction, dyslexia, or a perceptual disorder. (e) For purposes of this rule, “an appropriate professional” means a physician licensed pursuant to Chapters 458 (Medical Practice) or 459 (Osteopathic Medicine), F.S.; a professional licensed pursuant to Chapters 460 (Chiropractic), 461 (Podiatric Medicine), 463 (Optometry), 468, Part I (Speech-Language Pathology and Audiology), or 490 (Psychological Services), F.S.; or appropriately licensed in the state in which the certification of disability was performed. Any certification, documentation, or recommendation relating to a candidate’s disability provided by an appropriate professional pursuant to the requirements of this rule must not be beyond the scope permitted by law for that professional or that which the professional knows or has reason to know that he or she is not competent to perform. Rulemaking Authority 472.008 FS. Law Implemented 472.0131 FS. History–New 10-17-12. 5J-17.033 Grading Criteria and Procedures. 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, Repealed 12-15-14. 5J-17.034 Grading. (1) The Department shall use any national examination which is available and approved by the Board. (2) A national examination is an examination developed by or for a national or multi-state professional association, board, council, or society (hereinafter referred to as organization) and administered for the purpose of assessing entry level skills necessary to protect the health, safety, and welfare of the public from the incompetent practice of surveying and mapping and meets the following standards: (a) The purpose of the examination shall be to establish entry level standards of practice that shall be common to all practitioners of surveying and mapping; (b) The practice of the profession at the national level must be defined through an occupational survey with a representative sample of all practitioners and professional practices; and, (c) The examination for licensure must assess the scope of practice and the entry skills defined by the national survey. (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 of the nation’s or states’ practitioners who have been licensed through the national examination. (4) The organization shall be the responsible body for overseeing the development and scoring of the national examination. (5) The organization shall provide security guidelines for the development and grading of the national examination and shall oversee the enforcement of these guidelines. (6) Grading Criteria and Passing Scores: (a) The Principles and Practice Examination and the Fundamentals Examination contain machine graded, questions developed by the National Council of Examiners for Engineering and Surveying (NCEES) based upon the results of National Task Analysis Surveys performed periodically. Grades shall be determined by the applicant’s ability to choose the correct answer from several given choices. The passing score shall be established by NCEES. (b) The Florida Jurisdictional Examination consists of 100 questions developed by the Department, or the Department’s contracted vendor. The questions will be weighted equally and machine graded. A passing grade on the Florida Jurisdictional Examination is defined as 70% of the total possible points. (c) Scores on each examination shall be reported in a pass/fail format as follows: the Principles and Practice Examination, the Fundamentals Examination, the Florida Jurisdictional Examination shall have separate scores. A passing score must be achieved on each examination in order to obtain licensure, however the three passing scores need not be obtained in one sitting. (7) Examinations shall be graded solely and exclusively by the Department or the Department’s designee, national examination provider or its designee. (8) Departmentally developed objective, examinations shall be graded by the Department or contracted vendor. The Department or the Department’s contracted vendor 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 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 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) If after the distribution of grades for a particular administration there are adjustments to the scoring, amended grade reports shall be mailed to all failing candidates whose scores are increased and to all candidates whose pass/fail status changes due to the adjustment unless the candidate has taken and passed a subsequent administration of the examination. (10) The Department shall notify the candidate of the results of the candidate’s examination no later than sixty (60) days after the examination date, except when the grades, or portions thereof, are computed by the national board, council, association, or society responsible for a national examination in Florida. The grades for an examination containing a national portion shall be sent to the candidate no later than thirty (30) days after the receipt of the grades by the Department from the national board, council, association, or society responsible for the national examination in Florida. (11) The Department or contracted vendor shall inform each passing candidate of the candidate’s status and provide necessary instructions for obtaining a license. (12) Any candidate who does not receive a passing score on a licensure or certification examination will be notified of the test(s) failed, the requirements for re-examination, and review and appeal rights and procedures. 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, 11- 13-17. 5J-17.035 Use of Pilot Test Items in Examinations. Written examinations developed by or for the Department may include pilot test or experimental questions for the purpose of evaluating the statistical and/or psychometric qualities of new or revised questions prior to their use in an examination. Pilot test or experimental questions will not be identified to the candidates as pilot test questions on the examination. (1) The maximum number of pilot test questions included in a single examination shall not exceed 20 percent of the number of questions on the examination which are not pilot test questions, or ten (10) questions, whichever is greater. (2) Pilot test questions shall not be counted toward the candidate’s score on the examination. Answers to pilot test questions shall not be subject to review by the candidate during the review process. Rulemaking Authority 472.008 FS. Law Implemented 472.0131 FS. History–New 10-17-12. 5J-17.036 Grades Review Procedure. (1) A candidate who has taken and failed a Department-developed objective multiple choice examination or an examination developed for the Department by a professional testing company or other state agency shall have the right to review the examination items, answers, papers, grades, and grading keys for the parts of the examination failed or the questions the candidate answered incorrectly only. Review of examinations developed by or for a national council, association, or society (herein after referred to as national organization) shall be conducted in accordance with national examination security guidelines and timeframes. (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,” FDACS-10063, Rev. 12/22, 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.asp?No=Ref-14980. (a) 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 request received past the specified deadline in paragraph (2)(a), will be accepted. (3) Examination reviews shall be conducted in the presence of a representative of the Department or vendor at a location designated by the Department. (a) All examination reviews shall be conducted in accordance with that examination’s administration procedures to the extent possible and feasible. (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. (c) Unless specified otherwise in this chapter, all examination reviews by candidates shall be scheduled and completed no later than ninety (90) days after the release date on the original grade notification. However, a candidate may not participate in a review during the twenty-one (21) day period immediately prior to his or her next examination attempt. (d) A representative of the Department or the vendor shall remain with all candidates throughout all examination reviews. Candidates shall be informed that the representative cannot defend the examination or attempt to answer any examination questions during the review. (e) Candidates will be given an examination review time of one-half the time provided for the examination administration of the part failed. (f) Test booklets used by the candidate during the examination are not retained. Candidates reviewing the examination will be provided with a clean, exact copy of the original test questions. They will not be given the actual test booklets they used during the examination. Consequently, any marks or notes made by candidates during the examination will not be available during the review. (g) Unless prohibited by 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) Upon completion of reviews, candidates shall acknowledge in writing the review start time, the review end time, all materials reviewed, and other relevant review information. (4) In addition to the provisions of subsection (3), examination candidates shall be prohibited from leaving the review with any written challenges, grade sheets, or any other examination materials. (5) For a practical examination, unless examination security is involved, a candidate may obtain by mail a copy of his or her grade sheets resulting from a practical examination. The request must be made in writing to the Department, adhere to provisions set forth in subsection (2), be signed by the candidate, and state the address to which the grade sheets are to be mailed. This shall constitute a review of the practical examination. (6) If a successful challenge results in a regrade of an examination, that regrade shall be limited to the candidate who filed the successful challenge. Rulemaking Authority 472.0131(3) FS. Law Implemented 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 10-17-12, 1-16-23. 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 Reexamination,” FDACS-10051, Rev. 11/22, 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.asp?No=Ref-14953. Applicants must also submit payment of the proper fee. Rulemaking Authority 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 11-13-17, 12-27-22. 5J-17.038 Guidelines for Sharing Department-Developed Examinations With Other States’ Licensing Authorities. (1) The Department shall, under conditions listed below and for a fee which recovers costs associated with such an action, with the concurrence of the Board, share Department-developed examinations with other state licensing authorities. (2) Upon receipt of an expressed interest from another state’s licensing authority that a department-developed examination be shared, the Department shall require completion of a questionnaire that will gather specific and pertinent information concerning the other state’s need for an examination and the resources available to the other state for sharing the department examination. (3) An agreement shall be entered into that will require the state licensing authority to adhere to the requirements listed in this Chapter, and any other applicable laws and rules. (4) Absent a Board and Department agreed-upon exception, the other state’s licensing authority may not be permitted to use security procedure and operating procedures that are less stringent or specific than those required and utilized by the Department. Rulemaking Authority 472.008 FS. Law Implemented 472.0131 FS. History–New 10-17-12. 5J-17.0381 Translations. In authorizing the translation of licensure examinations to an applicant’s native language, the Legislature has determined that translated licensure examinations pose no inherent threat to the public health, safety, and welfare. (1) To allow the Department sufficient time to translate an examination, an applicant for licensure wishing to take the examination in a language other than English or Spanish shall: (a) File a written request with the Department at least six months prior to the date of the scheduled examination. (b) Submit, in addition to all other applicable fees, the required translation fee as defined in subsection (2) of this rule, on or before the 60th day prior to the date of the scheduled examination. (2) The Department shall notify the applicant of the amount of the translation fee on or before the 75th day prior to the scheduled examination. The amount of the fee for each applicant for the translated examination shall be a pro rata share for all applicants applying to take the scheduled translated examination to cover the Department’s full direct and indirect costs of the development, preparation, administration, grading and evaluation of the translated examination. (3) Unless otherwise specified in board rule or prohibited by national guidelines, in lieu of a translated examination, candidates may elect to use a translation dictionary. This dictionary must consist of only word or phrase translations and must remain as published. Dictionaries containing definitions of words, explanations of words or handwritten notes will not be permitted. Testing center staff will inspect and approve the dictionary before it can be used during the examination. Any dictionary that does not meet these criteria will be rejected. Rulemaking Authority 472.008 FS. Law Implemented 472.0131 FS. History–New 10-17-12. 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. A person wishing to apply for licensure renewal shall submit a completed application by applying online at: www.FDACS.gov. In lieu of completing an application online, an applicant shall obtain the application entitled “Board of Surveyors and Mappers Renewal Application”, FDACS-10068, 11/22, 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.asp?No=Ref-14956. The application for renewal shall be considered timely filed if the payment received in the form of a money order, sufficiently funded check, or electronic draft in the correct amount is postmarked 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 renewal through the Department’s website. 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. The licensee must meet all continuing education requirements as specified in this chapter. (2) Inactive Status: (a) A licensee may choose inactive licensure status at the time of renewal by filing a notice with the Department through the Department’s website accompanied by the appropriate fee as set forth in Rule 5J-17.070, F.A.C. Such notice and fee must be received in accordance with this chapter to be timely. (b) An inactive status licensee may change to active status at any time, provided the licensee meets all the requirements for active status, pays any additional licensure fees necessary to equal those imposed on an active status licensee, pays any applicable reactivation fees as set by the Board, pays any outstanding fines or costs, and meets all continuing education requirements as specified in this chapter. (c) Failure to renew an inactive license prior to the applicable renewal deadline shall cause the license to become delinquent. (3) Delinquent Status: (a) If a licensee fails to complete all license renewal requirements and submit a timely and complete application, the license shall revert to delinquent status. (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. Rulemaking Authority 472.006, 472.0202 FS. Law Implemented 472.006, 472.0202 FS. History–New 10-17-12, Amended 11-13-17, 12-27-22. 5J-17.040 Continuing Education Requirements for Reactivation of Inactive License. A license which has been inactive for more than one year may be reactivated upon application to the Department and demonstration to the Board by the licensee of having completed one (1) continuing education credit in surveying and mapping related courses or seminars per inactive month up to a maximum of forty-eight (48) continuing education credits which must be completed within one year prior to the date of application for reactivation. This education for licensure reactivation shall be related to the licensee’s field of practice and shall include a minimum of six (6) hours of Standards of Practice continuing education credits. Verification of the above-mentioned education shall be in the form of a continuing education course certificate of completion that complies with subsection 5J-17.044(2), F.A.C. 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, 11-13-17, 7-15-18. 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. Up to twelve (12) continuing education credits earned beyond the required twenty-four (24) may be carried forward to the following renewal period. 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) Continuing education credits may be obtained for: (a) Completion of courses in surveying and mapping subjects at universities and colleges which are regionally accredited by an accrediting agency that is recognized by the United States Department of Education. Six (6) continuing education credits may be obtained for each semester hour or quarter hour equivalent thereof. (b) Completion of courses or seminars offered by continuing education providers approved by the Board for the provision of continuing education credit hours. A list of such providers is available from the Board office upon request. (c) A licensee’s attendance, unrelated to disciplinary action against them, at a regularly scheduled meeting of the Board of Professional Surveyors and Mappers. Only two (2) continuing education credits will be allowed for each day of such attendance. Licensees shall sign in with a Board designee immediately prior to each day of the Board meeting. (d)1. No more than ten (10) continuing education credits shall be awarded to a licensee who has researched, written, and published a book, paper, article, or other scholarly work related to surveying and mapping. Continuing education credits shall be awarded only for the biennium in which the work is initially published and approved for credit. 2. The licensee shall submit the published work along with proof of publication 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. (e) A licensee’s attendance at a local chapter, state or national professional association meeting whose primary purpose is to promote the profession of surveying and mapping. One-half (1/2) credit shall be awarded for attendance at a local chapter meeting and two (2) credits shall be awarded for attendance at a state or national professional association meeting during each biennium. No more than six (6) continuing education credits shall be awarded in one biennium for attendance at local chapter, state or national professional association meetings. (f) Completion of courses or seminars offered as part of a state or national professional association meeting whose primary purpose is to promote the profession of surveying and mapping. (g) 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) For preparation of continuing education course materials and teaching the course for credit, the licensee shall be awarded double the course credit hours for the first time teaching. (3) No licensee may claim credit until after the credit has been earned by that licensee. (4)

RULE 5J-17 AS OF JANUARY 16, 2023.pdf

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