8987455, 5J-17.016 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8987455

Notice of Development of Rulemaking

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Consumer Services

Chapter:

PROFESSIONAL SURVEYORS AND MAPPERS

Overview

RULE:

5J-17.016	Time for Compliance With Final Order; Probation
5J-17.029	Application Deadlines
5J-17.030	Certification of Eligibility for Examination and Notification to Applicants
5J-17.0321	Examination Administration
5J-17.0322	Licensure Examination Format and Procedures for Candidates with Disabilities
5J-17.034	Grading
5J-17.035	Use of Pilot Test Items in Examinations
5J-17.036	Grades Review Procedure
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-17.041	Continuing Education Credit for Biennial Renewal
5J-17.044	Obligations of Continuing Education Providers
5J-17.047	Approval of Continuing Education Courses (Repealed)
5J-17.080	Citations
5J-17.082	Mediation
5J-17.085	Survey Review
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5J-17.400	Special Assessment Fee (Repealed)

PURPOSE:

The proposed rules establish administrative rules for the Board of Professional Surveyors and Mappers relating to the regulation of licensed professionals. The purpose of the proposed rules includes, in part, new rules similar to the previous Departmental Rules covering the Board, when the Board was located within the Department of Business and Professional Regulation. Due to a Type Two transfer to the Department of Agriculture and Consumer Services, the Board must adopt certain rules to maintain continuity in Board operations. If adopted, the proposed language in Rule 5J-17.016, F.A.C., will clarify the language of the existing rule regarding disciplinary fines and probation. If adopted, the proposed language in Rule 5J-17.029 and Rule 5J-17.030, F.A.C., will set procedural rules and deadlines for the submission of applications. If adopted, the proposed rules in Rules 5J-17.0321 through 5J-17.0381, F.A.C., as referenced above, will address the administration of exams. If adopted, the proposed language in Rule 5J-17.039, F.A.C., will further define licensure status and the biennial renewal of a license. If adopted, the proposed language in Rules 5J-17.041 through 5J-17.047, F.A.C., as referenced above, will change existing rules regarding continuing education, including instructor credit, course length, course submission, and the requirement that instructors be approved by the Board. If adopted, the proposed language in Rules 5J-17.80 through 5J-17.085, F.A.C., as referenced above, would change existing rules regarding citations, mediation, and probation, establish procedures for the issuing of citations, establish citation fine amounts for unlicensed persons, establish procedures for the mediation of discipline cases, repeal certain offenses from eligibility for mediation, and clarify when probationers must submit surveys for review by the Board. If adopted, the proposed language in Rules 5J-17.102, F.A.C., will define certain terms regarding the financial integrity of the Board, creates procedures for the Department to follow when reporting to the Board that the Board no longer has a reasonable cash balance on hand, establishes procedures for the Board to follow if requesting a loan from the Department, and prohibiting loans that extend beyond two years by the Department to the Board. If adopted, the proposed language in Rules 5J-17.200 through 5J-17.210, F.A.C., as referenced above, will establish licensure and examination procedures for certain foreign exiled professionals. If adopted, the proposed language in Rule 5J-17.400, F.A.C., will require certain licensees to pay a one-time fee to help maintain the financial integrity of the Board.

SUBJECT:

As stated above, the subject area of the proposed rules include: Licensure, Discipline, Probation, Examinations, Continuing Education, Licensure of Foreign Trained Exiles, and a Special Assessment Fee Against Licensees.

RULEMAKING AUTHORITY:

472.006, 472.006(5), 472.008, 472.0101, 472.011, 472.011(12), 472.013, 472.0131, 472.0131(3), 472.018, 472.034 FS.

LAW:

120.60, 472.0101, 472.011, 472.011(12), 472.013, 472.0131, 472.0131(3), 472.015, 472.018, 472.0202, 472.033(2), 472.034, 472.0351, 472.0351(2), 472.036 FS.

PRINT PUBLISH DATE:

8/13/2010 Vol. 36/32

RELATED STATUTES
AND LAWS:

472.006, 472.006(5), 472.008, 472.0101, 472.011, 472.011(12), 472.013, 472.0131, 472.0131(3), 472.018, 472.034 FS., 120.60, 472.0101, 472.011, 472.011(12), 472.013, 472.0131, 472.0131(3), 472.015, 472.018, 472.0202, 472.033(2), 472.034, 472.0351, 472.0351(2), 472.036 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=5J-17.016&PDate=8/13/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

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