Notice of Proposed Rule

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Surveyors and Mappers

RULE NO.: RULE TITLE:

61G17-7.003 Certificates of Authorization

PURPOSE AND EFFECT: The Board of Professional Surveyors and Mappers (hereafter Board) is amending Rule 61G17-7.003, F.A.C. to clarify when licensed surveyors and mappers must obtain certificates of authorization.

SUMMARY: The Board is clarifying and specifying when licensed surveyors and mappers must obtain certificates of authorization.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

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: 472.021 FS.

LAW IMPLEMENTED: 472.021 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Knap, Executive Director, Board of Professional Surveyors and Mappers, 1940 North Monroe Street, Tallahassee, Florida 32399-0767

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G17-7.003 Certificates of Authorization.

(1) Except as provided in subsection (10)(5) of this rule, certificates of authorization are required of all corporations, partnerships, professional associations, firms, or persons practicing under a fictitious name, who provide surveying and mapping services to the public. For the purpose of this rule, those corporations, partnerships, associations, firms, and persons shall be referred to as “business entities.”

(2) Individuals practicing surveying and mapping under their given name are not required to obtain a certificate of authorization (LB #). For the purposes of this rule,  “given name” is defined as the individual’s name as it exactly appears on the individual's birth certificate, state issued driver’'s license, or Florida surveyor and mapper license.

(3) Individuals practicing surveying and mapping under the first initials of their first and/or middle names and their entire last name are not required to obtain a certificate of authorization (LB#).

(4) Individuals practicing surveying and mapping under their given name or the first initials of their first and/or middle names and their entire last name are permitted to use the following titles and abbreviations in their surveying and mapping business name without being required to obtain a certificate of authorization (LB#): licensed surveyor and mapper, registered surveyor and mapper, registered land surveyor, professional land surveyor, professional surveyor and mapper, professional surveyor, RLS, PLS, PSM, or PS.

(5) Individuals practicing surveying and mapping pursuant to subsections 2, 3, and 4 of this rule must obtain a certificate of authorization (LB#) once the individual adds Incorporated, Inc., Limited Liability Company, LLC, Partnership Association, P.A., or any other business association or business entity name, title or abbreviation to the individual's name or business name.

(6) Individuals operating a surveying and mapping business, which is incorporated, is a limited liability corporation, is a partnership association, or is operating as any other business entity, but does not include the business entity title or abbreviation in the surveying and mapping business's name, must obtain a certificate of authorization (LB#).

(7)(2) Upon application to the Board, certificates of authorization shall be issued only to those business entities which:

(a) List the street address of each of its Florida offices from which surveying and mapping services are provided;

(b) Specify the name or names of its principals who are licensed surveyors and mappers as the term “principal” is defined in paragraph 61G17-2.003(1)(b), F.A.C.;

(c) Provide proof to show that the applicant is a partnership, corporation, or person practicing under a fictitious name at the time of application and that the person identified pursuant to paragraph (7)(b) of this rule is a principal of the business entity.

(8)(3) The Board shall penalize, deny, suspend or revoke the certificate of authorization of any business entity which fails to meet the requirements of laws or rules pertaining to the practice of surveying and mapping.

(9)(4) Business entities shall notify the Board within one (1) month of any changes in the business entity’s location of offices, its licensed surveyors and mappers in residence, and the names of its principals, along with proof to demonstrate the change in principals.

(10)(5) Paragraphs (7)(2)(a) and (b) of this rule do not apply to construction offices or temporary field offices set up to serve a specific survey site.

Specific Authority 472.021 FS. Law Implemented 472.021 FS. History–New 3-22-84, Formerly 21HH-7.03, Amended 3-12-92, Formerly 21HH-7.003, Amended 5-30-95, 5-21-00, 3-25-01, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Surveyors and Mappers

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Professional Surveyors and Mappers

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 14, 2005

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 6, 2006