Bill Text: FL S0578 | 2019 | Regular Session | Introduced
Bill Title: Professional Geology
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2019-05-03 - Died in Innovation, Industry, and Technology [S0578 Detail]
Download: Florida-2019-S0578-Introduced.html
Florida Senate - 2019 SB 578 By Senator Broxson 1-00904-19 2019578__ 1 A bill to be entitled 2 An act relating to professional geology; amending s. 3 492.102, F.S.; revising and providing definitions; 4 amending s. 492.103, F.S.; revising membership of the 5 Board of Professional Geologists; amending s. 492.104, 6 F.S.; revising specified fees for certain purposes; 7 amending s. 492.105, F.S.; providing that the 8 examination fee is nonrefundable; amending s. 9 492.1051, F.S.; revising geologist-in-training 10 registration requirements; amending s. 492.107, F.S.; 11 revising the types of documents that require the 12 signature, date, and seal of a professional geologist; 13 providing that all preliminary documents must include 14 certain text in lieu of a seal; amending s. 492.108, 15 F.S.; revising applicant requirements for licensure by 16 endorsement; amending s. 492.109, F.S.; providing 17 requirements for licensure renewal; authorizing the 18 board to adopt a continuing education program; 19 amending s. 492.111, F.S.; conforming provisions to 20 changes made by the act; amending s. 492.112, F.S.; 21 providing construction; amending s. 492.116, F.S.; 22 providing that certain persons may only maintain their 23 specified exemptions if they do not submit documents 24 for public record; exempting certain persons 25 practicing professional geology from certain 26 requirements; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Section 492.102, Florida Statutes, is amended to 31 read: 32 492.102 Definitions.—For the purposes of this chapter, 33 unless the context clearly requires otherwise: 34 (1) “Board” means the Board of Professional Geologists. 35 (2) “Department” means the Department of Business and 36 Professional Regulation. 37 (5)(3)“Geology” means the science which includes the study 38treatmentof the earth and its origin and history. The term 39 includes, in general;the investigation, research, and 40 interpretation of the earth’s constituent rocks, minerals, 41 hydrocarbons,crust and interior and thesolids, and fluids, 42 includingallsurface and underground waters,andgases, and 43 other materials, andwhich compose the earth;the study of the 44 natural agents, forces, and processes which cause changes in 45 both the subsurface and surface of the earth, including 46 anthropogenic features or activities that may affect, or be 47 affected by these agents, forces, physical and chemical 48 characteristics; and the utilization of this knowledge of the49earth and its solids, fluids, and gases, and their collective50propertiesand processes, for the benefit of humankind. 51 (3)(4)“Geologist” means an individual who, by reason of 52 her or his knowledge of geology, soils, mathematics, and the 53 physical and life sciences, acquired by education and practical 54 experience, is capable of practicing the science of geology. 55 (4) “Geologist-in-training” means an individual who has the 56 required academic qualifications established by the board, 57 passed an examination approved by the board by demonstrating a 58 knowledge of the fundamentals of geology, and is enrolled as a 59 geologist-in-training by the board. 60 (8)(5)“Qualified geologist” means an individual who 61 possesses all the qualifications for licensure underthe62provisions ofthis chapter, except that such person is not 63 licensed. 64 (7)(6)“Professional geologist” means an individual who 65 holds a valid license issued by the board; holds a bachelor’s 66 degree or higher in geology or one of its specialties from an 67 accredited postsecondary institution or from a program 68 accredited by an organization recognized by the board as meeting 69 the standards of the board; has passed the competency 70 examinations; and has practical experience as set forth in this 71 chapterwho is licensed as a geologist under the provisions of72this chapter. 73 (6)(7)“Practice of professional geology” means the 74 performance of, or offer to perform, geological services, 75 including, but not limited to, consultation, investigation, 76 evaluation, planning, and geologic mapping, but not including 77 mapping as prescribed in chapter 472, relating to geological 78 work, except as specifically exempted by this chapter. Any 79 person who practices any specialty branch of the profession of 80 geology, or who by verbal claim, sign, advertisement, 81 letterhead, card, or any other means represents herself or 82 himself to be a professional geologist, or who through the use 83 of some title implies that she or he is a professional geologist 84 or that she or he is licensed under this chapter, or who holds 85 herself or himself out as able to perform or does perform any 86 geological services or work recognized as professional geology, 87 shall be construed to be engaged in the practice of professional 88 geology. 89 Section 2. Section 492.103, Florida Statutes, is amended to 90 read: 91 492.103 Board of Professional Geologists.— 92 (1) There is created in the departmentof Business and93Professional Regulationthe Board of Professional Geologists. 94 The board shall consist of seven members, five of whom shall be 95 professional geologists, and two of whom shall be laypersons who 96 are not and have never been geologists or members of any closely 97 related profession or occupation. The State Geologist, as 98 provided for in s. 377.075(3),chief of the Bureau of Geology in99the Department of Environmental Protection,or his or her 100 designee, shall serve as an ex officio member of the board. 101 Members shall be appointed for 4-year terms. 102 (2) All provisions of chapter 455 relating to activities of 103 the board shall apply. 104 Section 3. Section 492.104, Florida Statutes, is amended to 105 read: 106 492.104 Rulemaking authority; fees.—The Board of 107 Professional Geologists has authority to adopt rules pursuant to 108 ss. 120.536(1) and 120.54 to implement this chapter. Every 109 licensee shall be governed and controlled by this chapter and 110 the rules adopted by the board. The board is authorized to set, 111 by rule, fees for application, examination, certificate of 112 authorization, late renewal, initial licensure, and license 113 renewal. These fees should cover all board expenses to 114 administer this section but may not exceed the cost of 115 implementing the application, examination, initial licensure, 116 and license renewal or other administrative process. The fees 117andshall be established as follows: 118 (1) The application fee mayshallnot exceed $150 and is 119shall benonrefundable. 120 (2) The examination fee shall be paid by the applicant and 121 may not exceed $250, and the fee may be apportioned to each part122of a multipart examination. The examination fee shall be123refundable in whole or part if the applicant is found to be124ineligible to take any portion of the licensure examination. 125 (3) The initial license fee mayshallnot exceed $100. 126 (4) The biennial renewal fee mayshallnot exceed $150. 127 (5) The fee for a certificate of authorization mayshall128 not exceed $350 and the fee for renewal of the certificate may 129shallnot exceed $350. 130 (6) The fee for reactivation of an inactive license may 131shallnot exceed $50. 132 (7) The fee for a provisional license mayshallnot exceed 133 $400. 134 (8) The fee forapplication, examination, andlicensurefor135a licenseby endorsement shall be as provided in this section 136 for licenses in general. 137 Section 4. Paragraph (a) of subsection (1) of section 138 492.105, Florida Statutes, is amended to read: 139 492.105 Licensure by examination; requirements; fees.— 140 (1) Any person desiring to be licensed as a professional 141 geologist shall apply to the department to take the licensure 142 examination. The written licensure examination shall be designed 143 to test an applicant’s qualifications to practice professional 144 geology, and shall include such subjects as will tend to 145 ascertain the applicant’s knowledge of the fundamentals, theory, 146 and practice of professional geology and may include such 147 subjects as are taught in curricula of accredited colleges and 148 universities. The written licensure examination may be a 149 multipart examination. The department shall examine each 150 applicant who the board certifies: 151 (a) Has completed the application form and remitted a 152 nonrefundable application feeand an examination fee which is153refundable if the applicant is found to be ineligible to take154the examination. 155 Section 5. Section 492.1051, Florida Statutes, is amended 156 to read: 157 492.1051 Registered geologist-in-training; requirements.— 158 (1) A person desiring to register as a geologist-in 159 training shall apply to the department to take the fundamentals 160a discreteportion of the examination required for registration 161 as a geologist-in-traininglicensure as a professional geologist162 in this state.This discrete portion shall cover the163fundamentals of geology.The department shall examine each 164 applicant who the board certifies: 165 (a) Has completed the application form and remitted a 166 nonrefundable application feeand an examination fee that is167refundable if the applicant is found to be ineligible to take168the examination. 169 (b) Has not committed an act or offense in any jurisdiction 170 which constitutes grounds for disciplining a professional 171 geologist licensed under this chapter; and 172 (c) Has successfully completed at least 30 semester hours 173 or 45 quarter hours of geological coursework at a college or 174 university, the geological curricula of which meet the criteria 175 established by an accrediting agency recognized by the United 176 States Department of Education and, if still enrolled, has 177 provided a letter of good academic standing from the college or 178 university. 179 (2) The department shall register as a geologist-in 180 training each applicant whothe board certifieshas passed the 181 fundamentals of geology portion of the licensure examination. 182 (3) A registered geologist-in-training desiring to be 183 licensed as a professional geologist shall apply to the 184 department to take the licensure examination as prescribed in s. 185 492.105(1), but is not required to retake the fundamentals of 186 geology portion of the licensure examination. A registered 187 geologist-in-training may only apply after he or she meets the 188 requirements for work experience under s. 492.105(1)(e). 189 Section 6. Subsection (1) of section 492.107, Florida 190 Statutes, is amended, and subsection (3) is added to that 191 section, to read: 192 492.107 Seals.— 193 (1) The board shall prescribe, by rule, a form of seal, 194 including its electronic form, to be used by persons holding 195 valid licenses. All final versions of geological papers, 196 reports, and documents, or geologic portions of a final paper, 197 report, or document, prepared or issued by the licensee must 198shallbe signed, dated, and sealed by the licensee who performed 199 or is responsible for the supervision, direction, or control of 200 the work contained in the papers, reports, or documents before 201 such work is released from the control of the licensee. 202 Specifically, the licensee shall sign, seal, and date the 203 original title sheet of bound geologic reports, specifications, 204 details, calculations, estimates, drawings, diagrams, or maps 205 and each original sheet of plans or drawings regardless of size 206 or binding if the plans or drawings are intended to be removed 207 from the report. Such signature, date, and seal areshall be208 evidence of the authenticity of that to which they are affixed. 209 Geological papers, reports, and documents prepared or issued by 210 the licensee may be transmitted electronically provided they 211 have been signed by the licensee, dated, and electronically 212 sealed. It is unlawful for any person to sign or seal any 213 document as a professional geologist unless suchthatperson 214 holds a current, active license as a professional geologist 215 which has not expired or been revoked or suspended, unless 216 reinstated or reissued. 217 (3) In lieu of a seal, all preliminary documents that have 218 been released from the control of the licensee must specify its 219 purpose, the name of the licensed professional geologist of 220 record and such geologist’s license number, and the release date 221 by the professional geologist placing the following text on such 222 documents: 223 224 “This document is released for the purpose of ...(list 225 purpose)... under the authority of ...(name of licensed 226 professional geologist)... with license number ...(license 227 number)... on ...(date).... It shall not be used for any other 228 purposes.” 229 Section 7. Paragraph (d) of subsection (1) of section 230 492.108, Florida Statutes, is amended to read: 231 492.108 Licensure by endorsement; requirements; fees.— 232 (1) The department shall issue a license by endorsement to 233 any applicant who, upon applying to the department and remitting 234 an application fee, has been certified by the board that he or 235 she: 236(d)Has taken and successfully passed the laws and rules237portion of the examination required for licensure as a238professional geologist in this state.239 Section 8. Section 492.109, Florida Statutes, is amended to 240 read: 241 492.109 Renewal of license; fees; continuing education.— 242 (1) The department shall renew a license upon receipt of 243 the renewal application and fee. 244 (2) The department shall adopt rules establishing a 245 procedure for the biennial renewal of licenses. 246 (3) The licensee must have on file with the department the 247 address of her or his primary place of practice within this 248 state prior to engaging in that practice. Prior to changing the 249 address of her or his primary place of practice, whether or not 250 within this state, the licensee must notify the department of 251 the address of the new primary place of practice. 252 (4) The board is authorized to adopt a program of 253 continuing education and must approve all continuing education 254 requirements and providers before implementation of such 255 requirements or selection of such providers is effective. 256 (5) The licensee must provide the department a statement 257 certifying that the licensee completed the hours of approved 258 continuing education required during the last biennium. 259 (6) Continuing education requirements are not applicable to 260 licensees 65 years or older. 261 Section 9. Subsection (3) of section 492.111, Florida 262 Statutes, is amended to read: 263 492.111 Practice of professional geology by a firm, 264 corporation, or partnership; certificate of authorization.—The 265 practice of, or offer to practice, professional geology by 266 individual professional geologists licensed under the provisions 267 of this chapter through a firm, corporation, or partnership 268 offering geological services to the public through individually 269 licensed professional geologists as agents, employees, officers, 270 or partners thereof is permitted subject to the provisions of 271 this chapter, provided that: 272 (3) All final geological papers or documents involving the 273 practice of professionalthe profession ofgeology which have 274 been prepared or approved for the use of such firm, corporation, 275 or partnership, for delivery to any person for public record 276 with the state, shall be dated and bear the signature and seal 277 of the professional geologist or professional geologists who 278 prepared or approved them. 279 Section 10. Paragraph (a) of subsection (1) of section 280 492.112, Florida Statutes, is amended to read: 281 492.112 Prohibitions; penalties.— 282 (1) A person may not knowingly: 283 (a) Practice professional geology unless the person is 284 licensed under this chapter. Any individual who by sign, card, 285 letterhead, advertisement, website, verbal claim, or in any 286 other way holds himself or herself out to be a licensed 287 professional geologist, or that he or she is registered or 288 otherwise licensed under this chapter, is construed to be 289 engaged in the practice of professional geology. 290 Section 11. Section 492.116, Florida Statutes, is amended 291 to read: 292 492.116 Exemptions.—The following persons are specifically 293 exempted from this chapter, provided, however, that all final294geological papers or documents which have been prepared by a295person exempt under subsection (1), subsection (2), subsection296(3), or subsection (4) for delivery to any person for public297record with the state shall be dated and bear the signature and298seal of the professional geologist or professional geologists299who prepared or approved them: 300 (1) Persons engaged solely in teaching the science of 301 geology. 302 (2) Persons engaged in geological research which does not 303 affect the health, safety, or well-being of the public and who 304 do not submit documents for public record. 305 (3) Officers and employees of the United States Government, 306 the State of Florida, water management districts, or other local 307 or regional governmental entities practicing under the 308 responsible charge of a professional geologist as defined in s. 309 492.102solely as such officers or employees. 310 (4) Regular full-time employees of a corporation not 311 engaged in the practice of professional geology as such, who are 312 directly supervised by a person licensed as a professional 313 geologist under this chapter. 314 (5) A person employed on a full-time basis as a geologist 315 by an employer engaged in the business of developing, mining, or 316 treating ores, other minerals, and petroleum resources if that 317 person engages in geological practice exclusively for and as an 318 employee of such employer and does not hold herself or himself 319 out and is not held out as available to perform any geological 320 services for persons other than her or his employer and who does 321 not submit documents for public record. 322 (6) A person, during the course of providing geologic 323 guidance or work activities, practicing, offering to practice, 324 or attempting to practice geology may coordinate and review the 325 submissions prepared by others, without limitation, provided 326 that such submissions are within, or are incidental to, the 327 practice of professional geology and the person is familiar with 328 the details and progress of these activities. 329 (7) Notwithstanding the provisions of this chapter or any 330 other law: 331 (a) A licensed engineer whose principal practice is 332 geotechnical or civil engineering, or an employee or subordinate 333 under the responsible supervision or control of such engineer, 334 is not precluded from performing geological services which are 335 purely incidental to his or her engineering practice. 336 (b) A licensed geologist is not precluded from performing 337 engineering services which are purely incidental to his or her 338 practice of geology. 339 Section 12. This act shall take effect July 1, 2019.