Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Professional Surveyors and Mappers
RULE NO: RULE TITLE
61G17-4.002: Content of Examination
61G17-4.003: Grading Criteria and Procedures
61G17-4.004: Grading
61G17-4.006: Grades Review Procedure
PURPOSE AND EFFECT: The Board proposes to amend the rule in order to delete the essay portion of the examination.
SUMMARY: The essay portion of the examination will be deleted.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined the proposed rules will not have an impact on small business.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 455.217(1), (2), 472.013 FS.
LAW IMPLEMENTED: 455.217(1), (2), 472.013 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rick Morrison, Executive Director, Board of Professional Surveyors and Mappers, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

THE FULL TEXT OF THE PROPOSED RULE IS:

61G17-4.002 Content of Examination.

(1) through (2) No change.

(3) The Florida Jurisdictional Multiple Choice 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, Florida Statutes.

Platting

 

Chapter 177, Part II, Florida Statutes.

Chapter 161, Florida Statutes.

Rule 62B-33, Florida Administrative Code.

Coastal Mapping

30%

Chapter 177, Part III, Florida Statutes.

Restoration of Corners

 

Chapter 472, Florida Statutes.

Land Surveying

1510%

Chapter 718, Florida Statutes.

Condominiums

510%

Chapter 95, Florida Statutes.

Adverse Possession

510%

61G17-1, Florida Administrative Code.

Organization & Purpose

 

61G17-2, Florida Administrative Code.

Grounds for Discipline

 

61G17-5, Florida Administrative Code.

Continuing Education

40%

61G17-617, Florida Administrative Code.

Minimum Technical Standards

 

61G17-7, Florida Administrative Code.

Seals, Signatures, & Certificates of Authorization

 

61G17-9, Florida Administrative Code.

Penalties

 

Chapter 455, Florida Statutes, and Section 287.055, Florida Statutes

Department of Business and Professional Regulation - General provisions

5%

 

Consultants’ Competitive Negotiation Act

 

 

(4) The Florida Jurisdictional Essay Examination shall be based on professional practice and principles in surveying and mapping and on Florida’s laws and rules regarding the practice of surveying and mapping. The examination shall test the applicant’s ability to apply acceptable surveying and mapping standards to problems which are commonly encountered in Florida, and the practice of surveying and mapping. The candidate is expected to prepare survey descriptions, drawings, exhibits or reports in compliance with Florida laws and rules. The following areas shall be tested on the examination and will be weighted approximately as designated:

(a) Minimum Technical Standards – 60%

(b) Principles and Practice – 30%

(c) Description & Communication – 10%

THIS RULE SHALL TAKE EFFECT OCTOBER 31, 2008.

Specific Authority 455.217(1) FS. Law Implemented 455.217(1) 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.

 

61G17-4.003 Grading Criteria and Procedures.

(1) The Principles and Practice Examination contains machine graded, multiple choice questions developed by the 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.

(2) The Florida Jurisdictional Multiple Choice Examination consists of 30 multiple choice questions. The multiple choice questions will be weighted equally and machine graded. Scores for the multiple choice portion shall be determined by the applicant's ability to choose the correct answer from several given choices. A minimum of 21 questions must be answered correctly in order to receive a passing score.

(3) The Florida Jurisdictional Essay Examination consists of one or more essay questions. Grading criteria shall follow the minimum technical standards set out in Chapter 61G17-6, F.A.C., and the surveying standards set out in the texts referenced in the Candidate Information Booklet sent to the applicants for examination. Graders are brought to a consensus on grading procedures and criteria through a training session. The examination will be independently graded on a blind basis by two graders. The resulting score shall be the average of the two graders' scores. Should the candidate receive a passing score from one grader, but a total failing score, or should the candidate receive a failing score from one grader but a total passing score, the examination will be referred to a committee of no fewer than three (3) members for regrading. The decision of the committee shall be final. A minimum of 70% of the total possible points is required for a passing score.

THIS RULE SHALL TAKE EFFECT OCTOBER 31, 2008.

Specific Authority 455.217(1) FS. Law Implemented 455.217(1) 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, 10-31-08.

 

61G17-4.004 Grading.

(1) The Principles and Practice Examination and the Fundamentals Examination contain machine graded, multiple choice questions developed by the NCEES. The minimum score necessary for passing the Principles and Practice Examination and the Fundamentals Examination shall be set by NCEES through the use of a Modified Angoff Method for determining the minimally acceptable raw score necessary to pass the examination.  The passing score shall be established by NCEES.

(2) The Florida Jurisdictional Multiple Choice Examination consists of 100 30 multiple choice questions developed by the Department, or the Board’s designee. The multiple choice questions will be weighted equally and machine graded.  The Florida Jurisdictional Essay Examination consists of one or more essay questions developed by the Department.   The essays shall be independently graded on a blind basis by graders. A passing grade on the Florida Jurisdictional Multiple Choice Examination and the Florida Essay Examination is defined as 70% of the total possible points on each examination.

(3) Scores on the examination will be reported as follows: the Principles and Practice Examination, the Fundamentals Examination, the Florida Jurisdictional Multiple Choice Examination and the Florida Jurisdictional Essay Examination shall have separate scores. Three Four passing scores must be received in order to successfully pass the examination; however, these four passing scores need not be obtained in one sitting.

THIS RULE SHALL TAKE EFFECT OCTOBER 31, 2008.

Specific Authority 455.217(1) FS. Law Implemented 455.217(1) 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.

 

61G17-4.006 Grades Review Procedure.

Any applicant who takes the Florida Jurisdictional Multiple Choice Examination and the Florida Jurisdictional Essay Examination may examine the applicant’s own answers and questions, papers, grades and grading key, upon such terms and conditions as set forth by the Department of Business and Professional Regulation in Rule 61-11.017, F.A.C. The applicant shall bear the actual cost incurred by the Department in providing the examination review.

THIS RULE SHALL TAKE EFFECT OCTOBER 31, 2008.

Specific Authority 455.217(2), 472.013 FS. Law Implemented 455.217(2), 472.013 FS. History–New 1-3-80, Formerly 21HH-4.06, 21HH-4.006, Amended 5-30-95, 5-17-00, 10-31-08.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Surveyors and Mappers
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Professional Surveyors and Mappers
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 9, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 26, 2007