August 22, 2019
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       ENROLLED
       2009 Legislature                   CS for SB 1744, 1st Engrossed
       
       
       
       
       
       
                                                             20091744er
    1  
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; providing for a type two transfer
    4         of the licensing and regulation of Professional
    5         Surveyors and Mappers from the Division of Professions
    6         within the Department of Business and Professional
    7         Regulation to the Department of Agriculture and
    8         Consumer Services; amending s. 20.165, F.S.;
    9         conforming provisions to changes made by the act;
   10         amending s. 472.005, F.S.; revising a definition;
   11         creating s. 472.006, F.S.; setting forth the powers
   12         and duties of the Department of Agriculture and
   13         Consumer Services relating to surveyors and mappers;
   14         amending s. 472.007, F.S.; providing for the Board of
   15         Professional Surveyors and Mappers to be located
   16         within the Department of Agriculture and Consumer
   17         Services; providing for the appointment of members to
   18         the board; requiring each board member to be
   19         accountable to the Commissioner of Agriculture;
   20         creating s. 472.0075, F.S.; providing that the board
   21         may be contacted through the department; amending s.
   22         472.008, F.S.; authorizing the board to adopt rules;
   23         authorizing the department to challenge any rule of
   24         the board; creating s. 472.0101, F.S.; authorizing the
   25         participation of foreign-trained professionals under
   26         certain specified circumstances; amending s. 472.011,
   27         F.S.; requiring that fees collected pursuant to ch.
   28         472, F.S., be deposited into a specified trust fund;
   29         authorizing the board to assess and collect certain
   30         fees; creating s. 472.0131, F.S.; requiring the
   31         department to prepare for professional examinations;
   32         creating s. 472.0132, F.S.; declaring that the
   33         wrongful taking or copying of an examination is a
   34         felony of the third degree; creating s. 472.0135,
   35         F.S.; providing for educational competencies; amending
   36         s. 472.015, F.S.; requiring any person desiring to be
   37         licensed to apply to the department in writing on a
   38         form prepared and furnished by the department;
   39         authorizing the department to collect a license fee;
   40         creating s. 472.016, F.S.; requiring that members of
   41         the Armed Forces be kept in good standing and not be
   42         charged dues and fees while on active duty; creating
   43         s. 472.0165, F.S.; providing qualifications and
   44         standards for immigrants who desire to be licensed as
   45         a surveyor or mapper; amending s. 472.018, F.S.;
   46         providing for continuing education; requiring the
   47         board to establish the criteria and course content for
   48         continuing education courses; creating s. 472.0201,
   49         F.S.; providing for access to public records;
   50         providing for certain specified exceptions; creating
   51         s. 472.02011, F.S.; prohibiting persons from
   52         disseminating confidential information; creating s.
   53         472.0202, F.S.; prohibiting a person from practicing
   54         the profession without an active status license;
   55         setting forth the permissible activities of an
   56         inactive licensee; creating s. 472.0203, F.S.;
   57         requiring the department to send a notice of renewal
   58         to the licensee; creating s. 472.0204, F.S.; requiring
   59         each licensee to notify the department in writing of
   60         the licensee’s current mailing address and place of
   61         practice; amending s. 472.033, F.S.; providing for
   62         disciplinary proceedings; providing for
   63         investigations; creating s. 472.0335, F.S.; providing
   64         for the classification of disciplinary actions;
   65         classifying actions as minor violations; creating s.
   66         472.034, F.S.; providing for mediation of disciplinary
   67         actions; providing procedures; creating s. 472.0345,
   68         F.S.; authorizing the department and the board the
   69         authority to issue citations; providing mediation
   70         procedures; creating s. 472.0351, F.S.; setting forth
   71         the grounds for disciplinary proceedings; listing the
   72         acts that are grounds for disciplinary actions;
   73         creating s. 472.0355, F.S.; providing disciplinary
   74         guidelines; creating s. 472.036, F.S.; providing
   75         penalties for the unlicensed practice of surveying and
   76         mapping; authorizing the department to issue a
   77         citation; providing for a civil penalty; creating s.
   78         472.0365, F.S.; authorizing the department to collect
   79         a fee to support enforcement activities; providing
   80         requirements for the Department of Agriculture and
   81         Consumer Services and the Department of business and
   82         Professional Regulation to minimize any interruption
   83         of service or function resulting from the transfer of
   84         duties; amending s. 482.2401, F.S.; replacing a
   85         requirement that the department use all revenues from
   86         certain administrative fines to support research or
   87         education in pest control with an authorization to use
   88         such available revenues for those purposes; amending
   89         s. 487.041, F.S.; establishing supplemental biennial
   90         registration fees for certain brands of pesticide;
   91         requiring the department to adopt rules publishing a
   92         list of active ingredients contained in pesticides for
   93         which the supplemental fee is required; providing for
   94         retroactive assessment of the supplemental fees;
   95         providing for use of the revenues collected from the
   96         fees; providing for retroactive application; creating
   97         s. 531.60, F.S.; requiring a permit for weights and
   98         measures instruments or devices used commercially or
   99         tested by the department; creating s. 531.61, F.S.;
  100         providing exemptions from permit requirements;
  101         creating s. 531.62, F.S.; providing for permit
  102         application and annual renewal; creating s. 531.63,
  103         F.S.; providing for maximum permit fees based on the
  104         number and capacity of such instruments or devices;
  105         creating s. 531.64, F.S.; providing for the suspension
  106         or revocation of permits; creating s. 531.65, F.S.;
  107         authorizing the department to take certain actions and
  108         impose penalties for unpermitted use; creating s.
  109         531.66, F.S.; directing the department to develop
  110         forms and adopt rules; providing for future expiration
  111         of such provisions requiring a permit for a weights
  112         and measures instrument or device and providing for
  113         permit fees and enforcement; amending ss. 576.021 and
  114         576.045, F.S.; revising fees for the registration of
  115         specialty fertilizers; amending s. 578.08, F.S.;
  116         revising fees for the registration of seed dealers;
  117         amending s. 589.08, F.S.; limiting the payment of a
  118         certain percentage of the gross receipts from a state
  119         forest to fiscally constrained counties; amending s.
  120         589.081, F.S.; limiting the payment of a certain
  121         percentage of the gross receipts from specified state
  122         forests to the board of county commissioners and the
  123         school board of certain fiscally constrained counties;
  124         providing effective dates.
  125  
  126  Be It Enacted by the Legislature of the State of Florida:
  127  
  128         Section 1. All powers, duties, functions, records,
  129  personnel, property, pending issues and existing contracts,
  130  administrative authority, administrative rules, and unexpended
  131  balances of appropriations, allocations, and other funds for the
  132  licensing and regulation of Professional Surveyors and Mappers
  133  are transferred by a type two transfer, as defined in s.
  134  20.06(2), Florida Statutes, from the Division of Professions
  135  within the Department of Business and Professional Regulation to
  136  the Department of Agriculture and Consumer Services.
  137         Section 2. Paragraph (a) of subsection (4) of section
  138  20.165, Florida Statutes, is amended to read:
  139         20.165 Department of Business and Professional Regulation.
  140  There is created a Department of Business and Professional
  141  Regulation.
  142         (4)(a) The following boards are established within the
  143  Division of Professions:
  144         1. Board of Architecture and Interior Design, created under
  145  part I of chapter 481.
  146         2. Florida Board of Auctioneers, created under part VI of
  147  chapter 468.
  148         3. Barbers’ Board, created under chapter 476.
  149         4. Florida Building Code Administrators and Inspectors
  150  Board, created under part XII of chapter 468.
  151         5. Construction Industry Licensing Board, created under
  152  part I of chapter 489.
  153         6. Board of Cosmetology, created under chapter 477.
  154         7. Electrical Contractors’ Licensing Board, created under
  155  part II of chapter 489.
  156         8. Board of Employee Leasing Companies, created under part
  157  XI of chapter 468.
  158         9. Board of Landscape Architecture, created under part II
  159  of chapter 481.
  160         10. Board of Pilot Commissioners, created under chapter
  161  310.
  162         11. Board of Professional Engineers, created under chapter
  163  471.
  164         12. Board of Professional Geologists, created under chapter
  165  492.
  166         13. Board of Professional Surveyors and Mappers, created
  167  under chapter 472.
  168         13.14. Board of Veterinary Medicine, created under chapter
  169  474.
  170         Section 3. Subsection (2) of section 472.005, Florida
  171  Statutes, is amended, and subsection (14) is added to that
  172  section, to read:
  173         472.005 Definitions.—As used in ss. 472.001-472.037:
  174         (2) “Department” means the Department of Agriculture and
  175  Consumer Services Business and Professional Regulation.
  176         (14) “Commissioner” means the Commissioner of Agriculture.
  177         Section 4. Section 472.006, Florida Statutes, is created to
  178  read:
  179         472.006 Department; powers and duties.—The department
  180  shall:
  181         (1) Adopt rules establishing a procedure for the biennial
  182  renewal of licenses. However, the department may issue up to a
  183  4-year license to selected licensees notwithstanding any other
  184  law to the contrary. Fees for such renewal may not exceed the
  185  fee caps for individual professions on an annualized basis as
  186  authorized by law.
  187         (2) Appoint the executive director of the board, subject to
  188  the approval of the board.
  189         (3) Submit an annual budget to the Legislature at a time
  190  and in the manner provided by law.
  191         (4) Develop a training program for persons newly appointed
  192  to membership on the board. The program shall familiarize such
  193  persons with the substantive and procedural laws and rules and
  194  fiscal information relating to the regulation of the profession
  195  and with the structure of the department.
  196         (5) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  197  administer this chapter. The department also is authorized to
  198  join with, or withhold approval of, rules proposed for adoption
  199  by the board.
  200         (6) Establish uniform application and other forms,
  201  including certificates of licensure, necessary to administer the
  202  provisions of this chapter. This subsection does not authorize
  203  the department to vary any substantive requirements, duties, or
  204  eligibilities for licensure or certification as provided by law.
  205         (7) Establish by rule procedures by which the department
  206  shall use the expert or technical advice of the board for the
  207  purposes of investigation, inspection, evaluation of
  208  applications, other duties of the department, or any other areas
  209  the department may deem appropriate.
  210         (8) Require all proceedings of the board or panel thereof
  211  and all formal or informal proceedings conducted by the
  212  department, an administrative law judge, or a hearing officer
  213  with respect to licensing or discipline to be electronically
  214  recorded in a manner sufficient to ensure the accurate
  215  transcription of all matters so recorded.
  216         (9) Select only those investigators, or consultants who
  217  undertake investigations, who meet criteria established with the
  218  advice of the board.
  219         (10) Have authority to:
  220         (a) Close and terminate deficient license application files
  221  2 years after the board or the department notifies the applicant
  222  of the deficiency; and
  223         (b) Approve applications for professional licenses that
  224  meet all statutory and rule requirements for licensure.
  225         (11) Provide legal counsel for the board by contracting
  226  with the Department of Legal Affairs, by retaining private
  227  counsel pursuant to s. 287.059, or by providing department staff
  228  counsel. The board shall periodically review and evaluate the
  229  services provided by its board counsel. Fees and costs of such
  230  counsel shall be paid from the General Inspection Trust Fund,
  231  subject to ss. 215.37 and 472.011. All contracts for independent
  232  legal counsel must provide for periodic review and evaluation by
  233  the board and the department of services provided.
  234         (a) The department may employ or use the legal services of
  235  outside counsel and the investigative services of outside
  236  personnel.
  237         (b) Any person retained by the department under contract to
  238  review materials, make site visits, or provide expert testimony
  239  regarding any complaint or application filed with the department
  240  relating to the practice of surveying and mapping shall be
  241  considered an agent of the department in determining the state
  242  insurance coverage and sovereign immunity protection
  243  applicability of ss. 284.31 and 768.28.
  244         Section 5. Section 472.007, Florida Statutes, is amended to
  245  read:
  246         472.007 Board of Professional Surveyors and Mappers.—There
  247  is created in the Department of Agriculture and Consumer
  248  Services Business and Professional Regulation the Board of
  249  Professional Surveyors and Mappers.
  250         (1) The board shall consist of nine members, six of whom
  251  shall be registered surveyors and mappers primarily engaged in
  252  the practice of surveying and mapping, one of whom shall be a
  253  registered surveyor and mapper with the designation of
  254  photogrammetrist, and two of whom shall be laypersons who are
  255  not and have never been surveyors and mappers or members of any
  256  closely related profession or occupation.
  257         (2) Members shall be appointed by the Commissioner of
  258  Agriculture, subject to confirmation by the Senate for 4-year
  259  terms.
  260         (a) Members shall be appointed for 4-year terms and such
  261  terms shall expire on October 31. However, a term of less than 4
  262  years may be used to ensure that no more than 3 members’ terms
  263  expire during the same calendar year.
  264         (b) A member whose term has expired shall continue to serve
  265  on the board until such time as a replacement is appointed. A
  266  vacancy on the board must be filled for the unexpired portion of
  267  the term in the same manner as the original appointment. A
  268  member may not serve for more than the remaining portion of a
  269  previous member’s unexpired term plus two consecutive 4-year
  270  terms of the member’s own appointment thereafter.
  271         (3) The board shall annually elect from among its number a
  272  chairperson and vice chairperson.
  273         (4) The board shall meet at least once annually and may
  274  meet as often as is necessary. The chairperson or a quorum of
  275  the board have the authority to call other meetings.
  276         (a) A quorum is necessary for the conduct of official
  277  business by the board or any committee thereof. Unless otherwise
  278  provided by law, 51 percent or more of the appointed members of
  279  the board or any committee, when applicable, constitute a
  280  quorum.
  281         (b) The membership of committees of the board, except as
  282  otherwise authorized under this chapter, shall be composed of
  283  currently appointed members of the board. The vote of a majority
  284  of the members of the quorum is necessary for any official
  285  action by the board or committee.
  286         (c) Three consecutive unexcused absences or absences
  287  constituting 50 percent or more of the board’s meetings within
  288  any 12-month period shall cause the board membership of the
  289  member in question to become void, and the position shall be
  290  considered vacant. The board shall define unexcused absences by
  291  rule.
  292         (5) Unless otherwise provided by law, a board member or
  293  former board member serving on a probable cause panel must be
  294  compensated $50 for each day in attendance at an official
  295  meeting of the board and for each day participating in any other
  296  business involving the board. The board shall adopt a rule
  297  defining the phrase “other business involving the board.”
  298  However, the phrase may not routinely be defined to include
  299  telephone conference calls. A board member is also entitled to
  300  reimbursement for expenses pursuant to s. 112.061. Travel out of
  301  state requires the prior approval of the commissioner or the
  302  commissioner’s designee.
  303         (6) The department and the board may advise licensees
  304  periodically, through the publication of a newsletter, of
  305  information that the department or the board determines is of
  306  interest to the industry. Unless otherwise prohibited by law,
  307  the department and the board shall publish a summary of final
  308  orders resulting in fines, suspensions, or revocations, and any
  309  other information the department or the board determines is of
  310  interest to the public.
  311         (7)(a) Each board member is accountable to the commissioner
  312  for the proper performance of his or her duties as a member of
  313  the board. The commissioner shall investigate any legally
  314  sufficient complaint or unfavorable written report received by
  315  the commissioner or by the department or the board concerning
  316  the actions of the board or its individual members. The
  317  commissioner may suspend from office any board member for
  318  malfeasance, misfeasance, neglect of duty, drunkenness,
  319  incompetence, permanent inability to perform the member’s
  320  official duties, or commission of a felony.
  321         (b) Each board member and each former board member serving
  322  on a probable cause panel is exempt from civil liability for any
  323  act or omission committed while acting in the member’s official
  324  capacity. The department shall defend any member in any action
  325  against the board or a member of the board. In addition, the
  326  department may defend the member’s company or business in any
  327  action against the company or business if the department
  328  determines that the actions from which the suit arises are
  329  actions taken by the member in the member’s official capacity
  330  and were within the scope of the member’s statutory authority.
  331  In providing such defense, the department may employ or use the
  332  legal services of the Department of Legal Affairs or outside
  333  counsel retained pursuant to s. 287.059. Fees and costs of
  334  providing legal services under this subsection shall be paid
  335  from the General Inspection Trust Fund, subject to ss. 215.37
  336  and 472.011.
  337         Section 6. Section 472.0075, Florida Statutes, is created
  338  to read:
  339         472.0075 Contacting board through department.—The board may
  340  be contacted through the headquarters of the department in the
  341  City of Tallahassee.
  342         Section 7. Section 472.008, Florida Statutes, is amended to
  343  read:
  344         472.008 Rules of the board.—
  345         (1) The board has authority to adopt rules pursuant to ss.
  346  120.536(1) and 120.54 to implement the provisions of this
  347  chapter conferring duties upon it. This specific grant of
  348  rulemaking authority to the board shall be exercised only
  349  through proceedings pursuant to ss. 120.536(1) and 120.54 and
  350  with the prior approval of the department.
  351         (2) The board shall adopt rules authorizing the use of
  352  professional titles by retired surveyors and mappers. Such rules
  353  shall establish guidelines designed to avoid abuse by retirees
  354  and confusion on the part of the general public. The rules shall
  355  not require continuing education requirements in order to use a
  356  professional title by a retiree.
  357         (3) The department has standing to challenge any rule or
  358  proposed rule of the board pursuant to s. 120.56. In addition to
  359  challenges for any invalid exercise of delegated legislative
  360  authority, the administrative law judge, upon such a challenge
  361  by the department, may declare all or part of a rule or proposed
  362  rule invalid if it:
  363         (a) Does not protect the public from any significant and
  364  discernible harm or damages;
  365         (b) Unreasonably restricts competition or the availability
  366  of professional services in the state or in a significant part
  367  of the state; or
  368         (c) Unnecessarily increases the cost of professional
  369  services without a corresponding or equivalent public benefit.
  370  
  371  A presumption is not created for the existence of any of the
  372  conditions cited in this subsection if the department challenges
  373  the rule or proposed rule.
  374         (4) The department or the board is a substantially
  375  interested party for purposes of s. 120.54(7). The board may, as
  376  an adversely affected party, initiate and maintain an action
  377  pursuant to s. 120.68 challenging final agency action.
  378         (5) Any proposed board rule that has not been modified to
  379  remove proposed committee objections of the Administrative
  380  Procedures Committee must receive approval from the department
  381  before filing the rule with the Department of State for final
  382  adoption. The department may repeal any rule enacted by the
  383  board which has taken effect without having met proposed
  384  committee objections of the Administrative Procedures Committee.
  385         Section 8. Section 472.0101, Florida Statutes, is created
  386  to read:
  387         472.0101 Foreign-trained professionals; special examination
  388  and license provisions.—
  389         (1) When not otherwise provided by law, the department
  390  shall by rule provide procedures under which exiled
  391  professionals may be examined under this chapter. A person is
  392  eligible for the examination if the exiled professional:
  393         (a) Immigrated to the United States after leaving the
  394  person’s home country because of political reasons, provided the
  395  country is located in the Western Hemisphere and does not have
  396  diplomatic relations with the United States;
  397         (b) Applies to the department and submits a fee;
  398         (c) Was a resident of this state immediately preceding the
  399  person’s application;
  400         (d) Demonstrates to the department, through submission of
  401  documentation verified by the applicant’s respective
  402  professional association in exile, that the applicant was
  403  graduated with an appropriate professional or occupational
  404  degree from a college or university. However, the department may
  405  not require receipt of any documentation from the Republic of
  406  Cuba as a condition of eligibility under this section;
  407         (e) Lawfully practiced the profession for at least 3 years;
  408         (f) Prior to 1980, successfully completed an approved
  409  course of study pursuant to chapters 74-105 and 75-177, Laws of
  410  Florida; and
  411         (g) Presents a certificate demonstrating the successful
  412  completion of a continuing education program which offers a
  413  course of study that will prepare the applicant for the
  414  examination offered under subsection (2). The department shall
  415  develop rules for the approval of such programs for the board.
  416         (2) Upon request of a person who meets the requirements of
  417  subsection (1) and submits an examination fee, the department,
  418  for the board, shall conduct a written practical examination
  419  that tests the person’s current ability to practice the
  420  profession competently in accordance with the actual practice of
  421  the profession. Evidence of meeting the requirements of
  422  subsection (1) shall be treated by the department as evidence of
  423  the applicant’s preparation in the academic and preprofessional
  424  fundamentals necessary for successful professional practice, and
  425  the applicant may not be examined by the department on such
  426  fundamentals.
  427         (3) The fees charged for the examinations offered under
  428  subsection (2) shall be established by the department, for the
  429  board, by rule and shall be sufficient to develop or to contract
  430  for the development of the examination and its administration,
  431  grading, and grade reviews.
  432         (4) The department shall examine any applicant who meets
  433  the requirements of subsections (1) and (2). Upon passing the
  434  examination and the issuance of the license, a licensee is
  435  subject to the administrative requirements of this chapter. Each
  436  applicant so licensed is subject to all provisions of this
  437  chapter.
  438         (5) Upon a request by an applicant otherwise qualified
  439  under this section, the examinations offered under subsection
  440  (2) may be given in the applicant’s native language if any
  441  translation costs are borne by the applicant.
  442         (6) The department, for the board, may not issue an initial
  443  license to, or renew a license of, any applicant or licensee who
  444  is under investigation or prosecution in any jurisdiction for an
  445  action that would constitute a violation of this chapter until
  446  such time as the investigation or prosecution is complete, at
  447  which time the provisions of this chapter shall apply.
  448         Section 9. Subsections (10) through (16) are added to
  449  section 472.011, Florida Statutes, to read:
  450         472.011 Fees.—
  451         (10) All funds collected under this section, and the amount
  452  paid for licenses, fines, and fees, shall be deposited into the
  453  General Inspection Trust Fund of the Department of Agriculture
  454  and Consumer Services.
  455         (11) If sufficient action is not taken by the board within
  456  1 year after notification by the department that license fees
  457  are projected to be inadequate, the department shall set license
  458  fees on behalf of the board to cover anticipated costs and to
  459  maintain the required cash balance. Further, it is the
  460  legislative intent that this regulated profession not operate
  461  with a negative cash balance. The department may provide by rule
  462  for the advancement of sufficient funds if this profession is
  463  operating with a negative cash balance. Such advancement may be
  464  for a period not to exceed 2 consecutive years and shall require
  465  interest to be paid by the regulated profession. Interest shall
  466  be calculated at the current rate earned on General Inspection
  467  Trust Fund investments. Interest earned shall be allocated to
  468  the various funds in accordance with the allocation of
  469  investment earnings during the period of the advance.
  470         (12) The board may, by rule, assess and collect a one-time
  471  fee from each active and each voluntary inactive licensee in an
  472  amount necessary to eliminate a cash deficit or, if there is not
  473  a cash deficit, in an amount sufficient to maintain the
  474  financial integrity of this profession as required in this
  475  subsection.
  476         (13) The department may contract with public and private
  477  entities to receive and deposit revenue pursuant to this
  478  section. The Legislature shall appropriate funds from the
  479  General Inspection Trust Fund sufficient to carry out the
  480  provisions of this chapter. To the maximum extent possible, the
  481  department shall directly charge all expenses under this chapter
  482  to the account of the regulated profession. For the purpose of
  483  this subsection, direct charge expenses shall include, but not
  484  be limited to, costs for investigations, examinations, and legal
  485  services. The department shall maintain adequate records to
  486  support its allocation of department expenses. The department
  487  shall provide the board with reasonable access to these records
  488  upon request. The board shall be provided an annual report of
  489  revenue and direct and allocated expenses related to the
  490  operation of the profession. These reports shall be used by the
  491  board to determine the amount of license fees.
  492         (14) A condensed management report of budgets, finances,
  493  performance statistics, and recommendations shall be provided to
  494  the board at least once a quarter. The department shall identify
  495  and include in such presentations any changes, or projected
  496  changes, made to the board’s budget since the last presentation.
  497         (15) If a duplicate license is required or requested by a
  498  licensee, the board may charge a fee as determined by rule not
  499  to exceed $25 before issuing a duplicate license.
  500         (16) The department or the board shall charge a fee not to
  501  exceed $25 for the certification of a public record. The fee
  502  shall be determined by rule of the department. The department or
  503  the appropriate board shall assess a fee for duplication of a
  504  public record as provided in s. 119.07(4).
  505         Section 10. Section 472.0131, Florida Statutes, is created
  506  to read:
  507         472.0131 Examinations; development; administration.—
  508         (1) The department shall provide, contract, or approve
  509  services for the development, preparation, administration,
  510  scoring, score reporting, and evaluation of all examinations.
  511  The department shall consult with the board in providing such
  512  services.
  513         (a) The department shall ensure that examinations
  514  adequately and reliably measure an applicant’s ability to
  515  practice the profession of surveying and mapping. After an
  516  examination developed or approved by the department has been
  517  administered, the board or department may reject any question
  518  that does not reliably measure the general areas of competency
  519  specified in the rules of the board. The department shall use
  520  professional testing services for the development, preparation,
  521  and evaluation of examinations when such services are available
  522  and approved by the board.
  523         (b) For each examination developed by the department or
  524  contracted vendor, to the extent not otherwise specified by
  525  statute, the board shall by rule specify the general areas of
  526  competency to be covered by the examination, the relative weight
  527  to be assigned in grading each area tested, the score necessary
  528  to achieve a passing grade, and the fees, where applicable, to
  529  cover the actual cost for any purchase, development, and
  530  administration of the required examination. However, statutory
  531  fee caps in this chapter shall apply. This subsection does not
  532  apply to national examinations approved and administered
  533  pursuant to paragraph (d).
  534         (c) If a practical examination is deemed to be necessary,
  535  rules shall specify the criteria by which examiners are to be
  536  selected, the grading criteria to be used by the examiner, the
  537  relative weight to be assigned in grading each criterion, and
  538  the score necessary to achieve a passing grade. When a mandatory
  539  standardization exercise for a practical examination is required
  540  by law, the board may conduct such exercise. Board members may
  541  serve as examiners at a practical examination with the consent
  542  of the board.
  543         (d) The board may approve by rule the use of any national
  544  examination which the department has certified as meeting
  545  requirements of national examinations and generally accepted
  546  testing standards under department rules. Providers of
  547  examinations, which may be profit or nonprofit entities, seeking
  548  certification by the department shall pay the actual costs
  549  incurred by the department in making a determination regarding
  550  the certification of the vendor. The department shall use any
  551  national examination that is available, certified by the
  552  department, and approved by the board. The name and number of a
  553  candidate may be provided to a national contractor for the
  554  limited purpose of preparing the grade tape and information to
  555  be returned to the board or department or, to the extent
  556  otherwise specified by rule, the candidate may apply directly to
  557  the vendor of the national examination. The department may
  558  delegate to the board the duty to provide and administer the
  559  examination. Any national examination approved by the board
  560  prior to October 1, 1997, is deemed certified under this
  561  paragraph. Any licensing or certification examination that is
  562  not developed or administered by the department in-house or
  563  provided as a national examination shall be competitively bid.
  564         (e) The department shall adopt rules regarding the security
  565  and monitoring of examinations. In order to maintain the
  566  security of examinations, the department may employ the
  567  procedures set forth in s. 472.033 to seek fines and injunctive
  568  relief against an examinee who violates s. 472.0132 or the rules
  569  adopted under this paragraph. The department, or any agent
  570  thereof, may, for the purposes of investigation, confiscate any
  571  written, photographic, or recording material or device in the
  572  possession of the examinee at the examination site which the
  573  department deems necessary to enforce such provisions or rules.
  574         (f) If the board concurs, the department may, for a fee,
  575  share with any other state’s licensing authority an examination
  576  developed by or for the department unless prohibited by a
  577  contract entered into by the department for development or
  578  purchase of the examination. The department, with the
  579  concurrence of the board, shall establish guidelines that ensure
  580  security of a shared exam and shall require that any other
  581  state’s licensing authority comply with those guidelines. Those
  582  guidelines shall be approved by the board. All fees paid by the
  583  user shall be applied to the department’s examination and
  584  development program under this chapter.
  585         (2) For each examination developed by the department or a
  586  contracted vendor, the board shall make rules providing for
  587  reexamination of any applicant who failed an examination. If
  588  both a written and a practical examination are given, an
  589  applicant is required to retake only the portion of the
  590  examination for which he or she failed to achieve a passing
  591  grade, if the applicant successfully passes that portion within
  592  a reasonable time, as determined by rule of the board, of his or
  593  her passing the other portion.
  594         (3) Except for national examinations approved and
  595  administered pursuant to paragraph (1)(d), the department shall
  596  provide procedures for applicants who have taken and failed an
  597  examination developed by the department or a contracted vendor
  598  to review their examination questions, answers, papers, grades,
  599  and grading key for the questions the candidate answered
  600  incorrectly or, if not feasible, the parts of the examination
  601  failed. Applicants shall bear the actual cost for the department
  602  to provide examination review pursuant to this subsection. An
  603  applicant may waive in writing the confidentiality of his or her
  604  examination grades.
  605         (4) For each examination developed or administered by the
  606  department or a contracted vendor, an accurate record of each
  607  applicant’s examination questions, answers, papers, grades, and
  608  grading key shall be kept for a period of not less than 2 years
  609  immediately following the examination, and such record shall
  610  thereafter be maintained or destroyed as provided in chapters
  611  119 and 257. This subsection does not apply to national
  612  examinations approved and administered pursuant to paragraph
  613  (1)(d).
  614         (5) Meetings and records of meetings of any member of the
  615  department or of the board held for the exclusive purpose of
  616  creating or reviewing licensure examination questions or
  617  proposed examination questions are confidential and exempt from
  618  ss. 119.07(1) and 286.011. However, this exemption does not
  619  affect the right of any person to review an examination as
  620  provided in subsection (3).
  621         (6) For examinations developed by the department, a
  622  contracted vendor or the board may provide licensure
  623  examinations in an applicant’s native language. Applicants for
  624  examination or reexamination pursuant to this subsection bear
  625  the full cost for the department’s development, preparation,
  626  administration, grading, and evaluation of any examination in a
  627  language other than English or Spanish. Requests for translated
  628  examinations, except for those in Spanish, must be on file in
  629  the board office at least 6 months before the scheduled
  630  examination. When determining whether it is in the public
  631  interest to allow the examination to be translated into a
  632  language other than English or Spanish, the board shall consider
  633  the percentage of the population who speak the applicant’s
  634  native language.
  635         (7) In addition to meeting any other requirements for
  636  licensure by examination or by endorsement, an applicant may be
  637  required by the board to pass an examination pertaining to state
  638  laws and rules applicable to the practice of surveying and
  639  mapping.
  640         (8) Notwithstanding any other law to the contrary, the
  641  department may use a professional testing service to prepare,
  642  administer, grade, and evaluate any computerized examination,
  643  when that service is available and approved by the board.
  644         Section 11. Section 472.0132, Florida Statutes, is created
  645  to read:
  646         472.0132 Penalty for theft or reproduction of an
  647  examination.—In addition to, or in lieu of, any other discipline
  648  imposed pursuant to s. 472.033, a person who wrongfully takes an
  649  examination in whole or in part or reproduces or copies an
  650  examination administered by the department, whether such
  651  examination is reproduced or copied in part or in whole and by
  652  any means, commits a felony of the third degree, punishable as
  653  provided in s. 775.082, s. 775.083, or s. 775.084.
  654         Section 12. Section 472.0135, Florida Statutes, is created
  655  to read:
  656         472.0135 Education; substituting demonstration of
  657  competency for clock-hour requirements; accreditation;
  658  consultation.—
  659         (1) If the board requires a student to complete a specific
  660  number of clock hours of classroom instruction for initial
  661  licensure purposes, the board shall establish the minimal
  662  competencies that such student must demonstrate in order to be
  663  licensed. The demonstration of such competencies may be
  664  substituted for specific classroom clock-hour requirements
  665  established in statute or rule which are related to
  666  instructional programs for licensure purposes. Student
  667  demonstration of the established minimum competencies shall be
  668  certified by the educational institution.
  669         (2) Notwithstanding any other law, educational programs and
  670  institutions which are required by statute to be accredited, but
  671  which were accredited by an agency that has since ceased to
  672  perform an accrediting function, shall be recognized until such
  673  programs and institutions are accredited by a qualified
  674  successor to the original accrediting agency, an accrediting
  675  agency recognized by the United States Department of Education,
  676  or an accrediting agency recognized by the board.
  677         (3) The board shall consult with the Commission for
  678  Independent Education, the Board of Governors of the State
  679  University System, and the State Board of Education prior to
  680  adopting any changes to training requirements relating to entry
  681  into the profession. This consultation must allow the
  682  educational board to provide advice regarding the impact of the
  683  proposed changes in terms of the length of time necessary to
  684  complete the training program and the fiscal impact of the
  685  changes. The educational board must be consulted only when an
  686  institution offering the training program falls under its
  687  jurisdiction.
  688         Section 13. Section 472.015, Florida Statutes, is amended
  689  to read:
  690         472.015 Licensure.—
  691         (1) Notwithstanding any other law, the department is the
  692  sole authority for determining the contents of any documents to
  693  be submitted for initial licensure and licensure renewal. Such
  694  documents may contain information including, as appropriate:
  695  demographics, education, work history, personal background,
  696  criminal history, finances, business information, complaints,
  697  inspections, investigations, discipline, bonding, signature
  698  notarization, photographs, performance periods, reciprocity,
  699  local government approvals, supporting documentation, periodic
  700  reporting requirements, continuing education requirements, and
  701  ongoing education monitoring. The application may be
  702  supplemented as needed to reflect any material change in any
  703  circumstance or condition stated in the application which takes
  704  place between the initial filing of the application and the
  705  final grant or denial of the license and which might affect the
  706  decision of the department.
  707         (2)(1) The department shall license any applicant who the
  708  board certifies is qualified to practice surveying and mapping.
  709         (3) Before the issuance of any license, the department may
  710  charge an initial license fee as determined by rule of the
  711  board. Upon receipt of the appropriate license fee, except as
  712  provided in subsection (6), the department shall issue a license
  713  to any person certified by the board, or its designee, as having
  714  met the applicable requirements imposed by law or rule. However,
  715  an applicant who is not otherwise qualified for licensure is not
  716  entitled to licensure solely based on a passing score on a
  717  required examination.
  718         (4)(2) The board shall certify for licensure any applicant
  719  who satisfies the requirements of s. 472.013 and who has passed
  720  the licensing examination. The board may refuse to certify any
  721  applicant who has violated any of the provisions of s. 472.031.
  722         (5)(3)(a) The board shall certify as qualified for a
  723  license by endorsement an applicant who:
  724         1. Holds a valid license to practice surveying and mapping
  725  issued prior to July 1, 1999, by another state or territory of
  726  the United States; has passed a national, regional, state, or
  727  territorial licensing examination that is substantially
  728  equivalent to the examination required by s. 472.013; and has a
  729  specific experience record of at least 8 years as a subordinate
  730  to a registered surveyor and mapper in the active practice of
  731  surveying and mapping, 6 years of which must be of a nature
  732  indicating that the applicant was in responsible charge of the
  733  accuracy and correctness of the surveying and mapping work
  734  performed;
  735         2. Holds a valid license to practice surveying and mapping
  736  issued by another state or territory of the United States if the
  737  criteria for issuance of the license were substantially the same
  738  as the licensure criteria that existed in Florida at the time
  739  the license was issued; or
  740         3. Is a practicing photogrammetrist who holds the Certified
  741  Photogrammetrist designation of the American Society for
  742  Photogrammetry and Remote Sensing and held such designation on
  743  or before July 1, 2005; is a graduate of a 4-year course of
  744  study at an accredited college or university; and has a specific
  745  experience record of 6 or more years as a subordinate to a
  746  Certified Photogrammetrist of the American Society for
  747  Photogrammetry and Remote Sensing in the active practice of
  748  surveying and mapping, 5 years of which shall be of a nature
  749  indicating that the applicant was in responsible charge of the
  750  accuracy and correctness of the surveying and mapping work
  751  performed. The course of study must have included not fewer than
  752  32 semester hours of study or its academic equivalent. The
  753  applicant must have completed a minimum of 25 semester hours
  754  from a college or university approved by the board in surveying
  755  and mapping subjects or in any combination of courses in civil
  756  engineering, surveying, mapping, mathematics, photogrammetry,
  757  forestry, or land law and the physical sciences. Any of the
  758  required 25 semester hours of study completed not as a part of
  759  the 4-year course of study shall be approved at the discretion
  760  of the board. Work experience acquired as a part of the
  761  education requirement shall not be construed as experience in
  762  responsible charge. The applicant must have applied to the
  763  department for licensure on or before July 1, 2007.
  764         (b) All applicants for licensure by endorsement must pass
  765  the Florida law and rules portion of the examination prior to
  766  licensure.
  767         (6)(a) The board may refuse to issue an initial license to
  768  any applicant who is under investigation or prosecution in any
  769  jurisdiction for an action that would constitute a violation of
  770  this chapter until such time as the investigation or prosecution
  771  is complete.
  772         (b)(4) The department shall not issue a license by
  773  endorsement to any applicant who is under investigation in
  774  another state for any act that would constitute a violation of
  775  ss. 472.001-472.037 or chapter 455 until such time as the
  776  investigation is complete and disciplinary proceedings have been
  777  terminated.
  778         (7) When any administrative law judge conducts a hearing
  779  pursuant to chapter 120 with respect to the issuance of a
  780  license by the department, the administrative law judge shall
  781  submit his or her recommended order to the board, which shall
  782  thereupon issue a final order. The applicant for a license may
  783  appeal the final order of the board in accordance with the
  784  provisions of chapter 120.
  785         (8) A privilege against civil liability is hereby granted
  786  to any witness for any information furnished by the witness in
  787  any proceeding pursuant to this section, unless the witness
  788  acted in bad faith or with malice in providing such information.
  789         (9) Notwithstanding anything to the contrary, any elected
  790  official who is licensed under this chapter may hold employment
  791  for compensation with any public agency concurrent with such
  792  public service. Such dual service must be disclosed according to
  793  any disclosure required by applicable law.
  794         (10) In any instance in which a licensee or applicant to
  795  the department is required to be in compliance with a particular
  796  provision by, on, or before a certain date, and if that date
  797  occurs on a Saturday, Sunday, or a legal holiday, the licensee
  798  or applicant is deemed to be in compliance with the specific
  799  date requirement if the required action occurs on the first
  800  succeeding day that is not a Saturday, Sunday, or legal holiday.
  801         (11) Any submission required to be in writing may otherwise
  802  be required by the department to be made by electronic means.
  803         (12)(5) A licensee or business entity that meets the
  804  requirements of this section or s. 472.021 must carry
  805  professional liability insurance or provide notice to any person
  806  or entity to which surveying and mapping services are offered
  807  that the licensee or business entity does not carry professional
  808  liability insurance. The notice must consist of a sign
  809  prominently displayed in the reception area and written
  810  statements provided in a form and frequency as required by rule
  811  of the Board of Professional Surveyors and Mappers.
  812         (13)(6) The department may revoke the license of a licensee
  813  or business entity that fails to pay a final judgment in
  814  connection with the provision of, or failure to provide,
  815  services under this chapter.
  816         (14) A person may not be disqualified from practicing
  817  surveying or mapping as regulated by the state solely because he
  818  or she is not a United States citizen.
  819         Section 14. Section 472.016, Florida Statutes, is created
  820  to read:
  821         472.016 Members of Armed Forces in good standing with the
  822  board.—
  823         (1) Any member of the Armed Forces of the United States who
  824  is now or in the future on active duty and who, at the time of
  825  becoming such a member of the Armed Forces, was in good standing
  826  with the board and entitled to practice or engage in surveying
  827  and mapping in the state shall be kept in good standing by the
  828  board, without registering, paying dues or fees, or performing
  829  any other act on his or her part to be performed, as long as he
  830  or she is a member of the Armed Forces of the United States on
  831  active duty and for a period of 6 months after discharge from
  832  active duty, provided that he or she is not engaged the practice
  833  of surveying or mapping in the private sector for profit.
  834         (2) The board shall adopt rules exempting the spouses of
  835  members of the Armed Forces of the United States from licensure
  836  renewal provisions, but only in cases of absence from the state
  837  because of their spouses’ duties with the Armed Forces.
  838         Section 15. Section 472.0165, Florida Statutes, is created
  839  to read:
  840         472.0165 Qualification of immigrants for examination to
  841  practice a licensed profession or occupation.—
  842         (1) It is the declared purpose of this section to encourage
  843  the use of foreign-speaking residents of this state duly
  844  qualified to become licensed surveyors and mappers so that all
  845  Florida citizens may receive better services.
  846         (2) Any person who has successfully completed, or is
  847  currently enrolled in, an approved course of study created
  848  pursuant to chapters 74-105 and 75-177, Laws of Florida, shall
  849  be deemed qualified for an examination or reexamination for a
  850  license which shall be administered in the English language
  851  unless 15 or more such applicants request that the reexamination
  852  be administered in their native language. If a reexamination is
  853  administered in a foreign language, the full cost to the board
  854  of preparing and administering the examination must be borne by
  855  the applicants.
  856         (3) The board shall adopt and implement programs designed
  857  to qualify for examination all persons who were resident
  858  nationals of the Republic of Cuba and who, on July 1, 1977, were
  859  residents of this state.
  860         Section 16. Section 472.018, Florida Statutes, is amended
  861  to read:
  862         472.018 Continuing education.—The department may not renew
  863  a license until the licensee submits proof satisfactory to the
  864  board that during the 2 years prior to her or his application
  865  for renewal the licensee has completed at least 24 hours of
  866  continuing education. Criteria and course content shall be
  867  approved by the board by rule.
  868         (1) The board shall adopt rules to establish the criteria
  869  and course content for continuing education courses. The rules
  870  may provide that up to a maximum of 25 percent of the required
  871  continuing education hours can be fulfilled by the performance
  872  of pro bono services to the indigent or to underserved
  873  populations or in areas of critical need within the state where
  874  the licensee practices. The board must require that any pro bono
  875  services be approved in advance in order to receive credit for
  876  continuing education under this section. The standard for
  877  determining indigency shall be that recognized by the Federal
  878  Poverty Income Guidelines produced by the United States
  879  Department of Health and Human Services. The rules may provide
  880  for approval by the board that a part of the continuing
  881  education hours can be fulfilled by performing research in
  882  critical need areas or for training leading to advanced
  883  professional certification. The board, or the department when
  884  there is no board, may make rules to define underserved and
  885  critical need areas. The department shall adopt rules for the
  886  administration of continuing education requirements adopted by
  887  the boards or the department when there is no board.
  888         (2) The board may provide by rule that distance learning
  889  may be used to satisfy continuing education requirements.
  890         (3) The board may prorate the required continuing education
  891  hours in the following circumstances:
  892         (a) For new licensees:
  893         1. By requiring half of the required continuing education
  894  hours for any applicant who becomes licensed with more than half
  895  the renewal period remaining and no continuing education for any
  896  applicant who becomes licensed with half or less than half of
  897  the renewal period remaining; or
  898         2. Requiring no continuing education hours until the first
  899  full renewal cycle of the licensee.
  900         (b) When the number of hours required is increased by law
  901  or the board.
  902         (4) Upon the request of a licensee, the provider must also
  903  furnish to the department information regarding courses
  904  completed by the licensee, in an electronic format required by
  905  rule of the department.
  906         (5) Each continuing education provider shall retain all
  907  records relating to a licensee’s completion of continuing
  908  education courses for at least 4 years after completion of a
  909  course.
  910         (6) A continuing education provider may not be approved,
  911  and the approval may not be renewed, unless the provider agrees
  912  in writing to provide such cooperation under this section as
  913  required by the department.
  914         (7) For the purpose of determining which persons or
  915  entities must meet the reporting, recordkeeping, and access
  916  provisions of this section, the board by rule shall adopt a
  917  definition of the term “continuing education provider”
  918  applicable to the profession’s continuing education
  919  requirements. The intent of the rule is to ensure that all
  920  records and information necessary to carry out the requirements
  921  of this section are maintained and transmitted accordingly and
  922  to minimize disputes as to what person or entity is responsible
  923  for maintaining and reporting such records and information.
  924         (8) The board shall approve the providers of continuing
  925  education. The approval of continuing education providers and
  926  courses must be for a specified period of time, not to exceed 4
  927  years. An approval that does not include such a time limitation
  928  may remain in effect under this chapter or the rules adopted
  929  under this chapter.
  930         (9) The department may fine, suspend, or revoke approval of
  931  any continuing education provider that fails to comply with its
  932  duties under this section. The fine may not exceed $500 per
  933  violation. Investigations and prosecutions of a provider’s
  934  failure to comply with its duties under this section shall be
  935  conducted pursuant to s. 472.033.
  936         (10) The board shall issue an order requiring a person or
  937  entity to cease and desist from offering any continuing
  938  education programs for licensees, and fining, suspending, or
  939  revoking any approval of the provider previously granted by the
  940  board if the board determines that the person or entity failed
  941  to provide appropriate continuing education services that
  942  conform to approved course material. The fine may not exceed
  943  $500 per violation. Investigations and prosecutions of a
  944  provider’s failure to comply with its duties under this section
  945  shall be conducted under s. 472.033.
  946         (11) The board may establish, by rule, a fee not to exceed
  947  $250 for anyone seeking approval to provide continuing education
  948  courses and may establish, by rule, a biennial fee not to exceed
  949  $250 for the renewal of providership of such courses. Such
  950  postlicensure education courses are subject to the reporting,
  951  monitoring, and compliance provisions of this section.
  952         (12) The department and the board may adopt rules under ss.
  953  120.536(1) and 120.54 to administer this section.
  954         Section 17. Section 472.0201, Florida Statutes, is created
  955  to read:
  956         472.0201 Public inspection of information required from
  957  applicants; exceptions; examination hearing.—
  958         (1) All information required by the department of any
  959  applicant shall be a public record and shall be open to public
  960  inspection pursuant to s. 119.07, except financial information,
  961  medical information, school transcripts, examination questions,
  962  answers, papers, grades, and grading keys, which are
  963  confidential and exempt from s. 119.07(1) and shall not be
  964  discussed with or made accessible to anyone except members of
  965  the board, the department, and staff thereof, who have a bona
  966  fide need to know such information. Any information supplied to
  967  the department by any other agency which is exempt from the
  968  provisions of chapter 119 or is confidential shall remain exempt
  969  or confidential pursuant to applicable law while in the custody
  970  of the department.
  971         (2) The department shall establish by rule the procedure by
  972  which an applicant, and the applicant’s attorney, may review
  973  examination questions and answers. Examination questions and
  974  answers are not subject to discovery but may be introduced into
  975  evidence and considered only in camera in any administrative
  976  proceeding under chapter 120. If an administrative hearing is
  977  held, the department shall provide challenged examination
  978  questions and answers to the administrative law judge. The
  979  examination questions and answers provided at the hearing are
  980  confidential and exempt from s. 119.07(1), unless invalidated by
  981  the administrative law judge.
  982         (3) Unless an applicant notifies the department at least 5
  983  days before an examination hearing of the applicant’s inability
  984  to attend, or unless an applicant can demonstrate an extreme
  985  emergency for failing to attend, the department may require an
  986  applicant who fails to attend to pay reasonable attorney’s fees,
  987  costs, and court costs of the department for the examination
  988  hearing.
  989         Section 18. Section 472.02011, Florida Statutes, is created
  990  to read:
  991         472.02011 Disclosure of confidential information.—
  992         (1) An officer, employee, or person under contract with the
  993  department or the board, or any subject of an investigation may
  994  not convey knowledge or information to any person who is not
  995  lawfully entitled to such knowledge or information about any
  996  public meeting or public record, which at the time such
  997  knowledge or information is conveyed is exempt from the
  998  provisions of s. 119.01, s. 119.07(1), or s. 286.011.
  999         (2) Any person who willfully violates this section commits
 1000  a misdemeanor of the first degree, punishable as provided in s.
 1001  775.082 or s. 775.083, and may be subject to discipline pursuant
 1002  to s. 472.033, and, if applicable, shall be removed from office,
 1003  employment, or the contractual relationship.
 1004         Section 19. Section 472.0202, Florida Statutes, is created
 1005  to read:
 1006         472.0202 Inactive and delinquent status.—
 1007         (1) A licensee may practice a profession only if the
 1008  licensee has an active status license. A licensee who practices
 1009  a profession without an active status license is in violation of
 1010  this section and s. 472.033, and the board may impose discipline
 1011  on the licensee.
 1012         (2) The board shall permit a licensee to choose, at the
 1013  time of licensure renewal, an active or inactive status.
 1014  However, a licensee who changes from inactive to active status
 1015  is not eligible to return to inactive status until the licensee
 1016  thereafter completes a licensure cycle on active status.
 1017         (3) The board, by rule, shall impose a fee for an inactive
 1018  status license which is no greater than the fee for an active
 1019  status license.
 1020         (4) An inactive status licensee may change to active status
 1021  at any time, provided the licensee meets all requirements for
 1022  active status, pays any additional licensure fees necessary to
 1023  equal those imposed on an active status licensee, pays any
 1024  applicable reactivation fees as set by the board, and meets all
 1025  continuing education requirements as specified in this section.
 1026         (5) A licensee shall apply with a complete application, as
 1027  defined by rule of the board, to renew an active or inactive
 1028  status license before the license expires. Failure of a licensee
 1029  to renew before the license expires shall cause the license to
 1030  become delinquent in the license cycle following expiration.
 1031         (6)(a) A delinquent status licensee must affirmatively
 1032  apply with a complete application, as defined by rule of the
 1033  board, for active or inactive status during the licensure cycle
 1034  in which a licensee becomes delinquent. Failure by a delinquent
 1035  status licensee to become active or inactive before the
 1036  expiration of the current licensure cycle shall render the
 1037  license void without any further action by the board or the
 1038  department.
 1039         (b) Notwithstanding this chapter, the board may, at its
 1040  discretion, reinstate the license of an individual whose license
 1041  has become void if the board determines that the individual has
 1042  made a good faith effort to comply with this section but has
 1043  failed to comply because of illness or unusual hardship. The
 1044  individual must apply to the board for reinstatement in a manner
 1045  prescribed by rules of the board and shall pay an applicable fee
 1046  in an amount determined by rule. The board shall require that
 1047  such individual meet all continuing education requirements
 1048  prescribed by law, pay appropriate licensing fees, and otherwise
 1049  be eligible for renewal of licensure under this chapter.
 1050         (7) The board, by rule, shall impose an additional
 1051  delinquency fee, not to exceed the biennial renewal fee for an
 1052  active status license, on a delinquent status licensee when such
 1053  licensee applies for active or inactive status.
 1054         (8) The board, by rule, shall impose an additional fee, not
 1055  to exceed the biennial renewal fee for an active status license,
 1056  for processing a licensee’s request to change licensure status
 1057  at any time other than at the beginning of a licensure cycle.
 1058         (9) The board, by rule, may impose reasonable conditions,
 1059  excluding full reexamination but including part of a national
 1060  examination or a special purpose examination to assess current
 1061  competency, necessary to ensure that a licensee who has been on
 1062  inactive status for more than two consecutive biennial licensure
 1063  cycles and who applies for active status can practice with the
 1064  care and skill sufficient to protect the health, safety, and
 1065  welfare of the public. Reactivation requirements may differ
 1066  depending on the length of time licensees are inactive. The
 1067  costs to meet reactivation requirements shall be borne by
 1068  licensees requesting reactivation.
 1069         (10) Before reactivation, an inactive or delinquent
 1070  licensee shall meet the same continuing education requirements,
 1071  if any, imposed on an active status licensee for all biennial
 1072  licensure periods in which the licensee was inactive or
 1073  delinquent.
 1074         (11) The status or a change in status of a licensee does
 1075  not alter the board’s right to impose discipline or to enforce
 1076  discipline previously imposed on a licensee for acts or
 1077  omissions committed by the licensee while holding a license,
 1078  whether active, inactive, or delinquent.
 1079         Section 20. Section 472.0203, Florida Statutes, is created
 1080  to read:
 1081         472.0203 Renewal and cancellation notices.—
 1082         (1) At least 90 days before the end of a licensure cycle,
 1083  the department shall:
 1084         (a) Forward a licensure renewal notification to an active
 1085  or inactive licensee at the licensee’s last known address of
 1086  record with the department.
 1087         (b) Forward a notice of pending cancellation of licensure
 1088  to a delinquent status licensee at the licensee’s last known
 1089  address of record with the department.
 1090         (2) Each licensure renewal notification and each notice of
 1091  pending cancellation of licensure must state conspicuously that
 1092  a licensee who remains on inactive status for more than two
 1093  consecutive biennial licensure cycles and who wishes to
 1094  reactivate the license may be required to demonstrate the
 1095  competency to resume active practice by sitting for a special
 1096  purpose examination or by completing other reactivation
 1097  requirements, as defined by rule of the board.
 1098         Section 21. Section 472.0204, Florida Statutes, is created
 1099  to read:
 1100         472.0204 Address of record.—
 1101         (1) Each licensee of the department is solely responsible
 1102  for notifying the department in writing of the licensee’s
 1103  current mailing address and place of practice, as defined by
 1104  rule of the board. A licensee’s failure to notify the department
 1105  of a change of address constitutes a violation of this section,
 1106  and the licensee may be disciplined by the board.
 1107         (2) Notwithstanding any other provision of law, service by
 1108  regular mail to a licensee’s last known address of record with
 1109  the department constitutes adequate and sufficient notice to the
 1110  licensee for any official communication to the licensee by the
 1111  board or the department except when other service is required
 1112  pursuant to s. 472.033.
 1113         Section 22. Section 472.033, Florida Statutes, is amended
 1114  to read:
 1115         472.033 Disciplinary proceedings.—Disciplinary proceedings
 1116  for the board shall be within the jurisdiction of the
 1117  department.
 1118         (1)(a) The department shall investigate any complaint that
 1119  is filed before it if the complaint is in writing, signed by the
 1120  complainant, and legally sufficient. A complaint is legally
 1121  sufficient if it contains ultimate facts that show that a
 1122  violation of this chapter or of any rule adopted by the
 1123  department or the board has occurred. In order to determine
 1124  legal sufficiency, the department may require supporting
 1125  information or documentation. The department may investigate,
 1126  and the department or the board may take appropriate final
 1127  action on, a complaint even though the original complainant
 1128  withdraws it or otherwise indicates a desire not to cause the
 1129  complaint to be investigated or prosecuted to completion. The
 1130  department may investigate an anonymous complaint if the
 1131  complaint is in writing and is legally sufficient, if the
 1132  alleged violation of law or rules is substantial, and if the
 1133  department has reason to believe, after preliminary inquiry,
 1134  that the violations alleged in the complaint are true. The
 1135  department may investigate a complaint made by a confidential
 1136  informant if the complaint is legally sufficient, if the alleged
 1137  violation of law or rule is substantial, and if the department
 1138  has reason to believe, after preliminary inquiry, that the
 1139  allegations of the complainant are true. The department may
 1140  initiate an investigation if it has reasonable cause to believe
 1141  that a licensee or a group of licensees has violated a Florida
 1142  statute, a rule of the department, or a rule of the board.
 1143         (b) If an investigation of any subject is undertaken, the
 1144  department shall promptly furnish to the subject or the
 1145  subject’s attorney a copy of the complaint or document that
 1146  resulted in the initiation of the investigation. The subject may
 1147  submit a written response to the information contained in such
 1148  complaint or document within 20 days after service to the
 1149  subject of the complaint or document. The subject’s written
 1150  response shall be considered by the probable cause panel. The
 1151  right to respond does not prohibit the issuance of a summary
 1152  emergency order if necessary to protect the public. However, if
 1153  the commissioner, or the commissioner’s designee, and the chair
 1154  of the respective board or the chair of its probable cause panel
 1155  agree in writing that such notification would be detrimental to
 1156  the investigation, the department may withhold notification. The
 1157  department may conduct an investigation without notification to
 1158  any subject if the act under investigation is a criminal
 1159  offense.
 1160         (2) The department shall allocate sufficient and adequately
 1161  trained staff to expeditiously and thoroughly determine legal
 1162  sufficiency and investigate all legally sufficient complaints.
 1163  When its investigation is complete and legally sufficient, the
 1164  department shall prepare and submit to the probable cause panel
 1165  of the board the investigative report of the department. The
 1166  report shall contain the investigative findings and the
 1167  recommendations of the department concerning the existence of
 1168  probable cause. At any time after legal sufficiency is found,
 1169  the department may dismiss any case, or any part thereof, if the
 1170  department determines that there is insufficient evidence to
 1171  support the prosecution of allegations contained therein. The
 1172  department shall provide a detailed report to the appropriate
 1173  probable cause panel before dismissing any case or part thereof,
 1174  and to the subject of the complaint after dismissal of any case
 1175  or part thereof, under this section. For cases dismissed before
 1176  a finding of probable cause, such report is confidential and
 1177  exempt from s. 119.07(1). The probable cause panel shall have
 1178  access, upon request, to the investigative files pertaining to a
 1179  case before dismissing the case.
 1180         (3)(a) As an alternative to subsections (1) and (2), if a
 1181  complaint is received, the department may provide a licensee
 1182  with a notice of noncompliance for an initial offense of a minor
 1183  violation. A violation is a minor violation if it does not
 1184  demonstrate a serious inability to practice the profession,
 1185  result in economic or physical harm to a person, or adversely
 1186  affect the public health, safety, or welfare or create a
 1187  significant threat of such harm. The board shall establish by
 1188  rule those violations which are minor violations under this
 1189  provision. Failure of a licensee to take action in correcting
 1190  the violation within 15 days after notice may result in the
 1191  institution of regular disciplinary proceedings.
 1192         (b) The department may issue a notice of noncompliance for
 1193  an initial offense of a minor violation, notwithstanding the
 1194  board’s failure to designate a particular minor violation by
 1195  rule as provided in paragraph (a).
 1196         (4) The determination as to whether probable cause exists
 1197  shall be made by majority vote of a probable cause panel of the
 1198  board, or by the department, as appropriate. The board shall
 1199  provide by rule that the determination of probable cause shall
 1200  be made by a panel of its members or by the department. The
 1201  board may provide by rule for multiple probable cause panels
 1202  composed of at least two members. The board may provide by rule
 1203  that one or more members of the panel or panels may be a former
 1204  board member. The length of term or repetition of service of any
 1205  such former board member on a probable cause panel may vary
 1206  according to the direction of the board when authorized by board
 1207  rule. Any probable cause panel must include one of the board’s
 1208  former or present consumer members, if one is available, willing
 1209  to serve, and is authorized to do so by the board chair. Any
 1210  probable cause panel must include a present board member. Any
 1211  probable cause panel must include a former or present
 1212  professional board member. However, any former professional
 1213  board member serving on the probable cause panel must hold an
 1214  active valid license for that profession. All proceedings of the
 1215  panel are exempt from s. 286.011 until 10 days after probable
 1216  cause has been found to exist by the panel or until the subject
 1217  of the investigation waives his or her privilege of
 1218  confidentiality. The probable cause panel may make a reasonable
 1219  request, and upon such request the department shall provide such
 1220  additional investigative information as is necessary to the
 1221  determination of probable cause. A request for additional
 1222  investigative information shall be made within 15 days from the
 1223  date of receipt by the probable cause panel of the investigative
 1224  report of the department. The probable cause panel or the
 1225  department, as may be appropriate, shall make its determination
 1226  of probable cause within 30 days after receipt by it of the
 1227  final investigative report of the department. The commissioner
 1228  or the commissioner’s designee may grant extensions of the 15
 1229  day and the 30-day time limits. In lieu of a finding of probable
 1230  cause, the probable cause panel may issue a letter of guidance
 1231  to the subject. If, within the 30-day time limit, as may be
 1232  extended, the probable cause panel does not make a determination
 1233  regarding the existence of probable cause or does not issue a
 1234  letter of guidance in lieu of a finding of probable cause, the
 1235  department, for disciplinary cases under its jurisdiction, must
 1236  make a determination regarding the existence of probable cause
 1237  within 10 days after the expiration of the time limit. If the
 1238  probable cause panel finds that probable cause exists, it shall
 1239  direct the department to file a formal complaint against the
 1240  licensee. The department shall follow the directions of the
 1241  probable cause panel regarding the filing of a formal complaint.
 1242  If directed to do so, the department shall file a formal
 1243  complaint against the subject of the investigation and prosecute
 1244  that complaint pursuant to chapter 120. However, the department
 1245  may decide not to prosecute the complaint if it finds that
 1246  probable cause had been improvidently found by the panel. In
 1247  such cases, the department shall refer the matter to the board.
 1248  The board may then file a formal complaint and prosecute the
 1249  complaint pursuant to chapter 120. The department shall also
 1250  refer to the board any investigation or disciplinary proceeding
 1251  not before the Division of Administrative Hearings pursuant to
 1252  chapter 120 or otherwise completed by the department within 1
 1253  year after the filing of a complaint. The department, for
 1254  disciplinary cases under its jurisdiction, must establish a
 1255  uniform reporting system to quarterly refer to the board the
 1256  status of any investigation or disciplinary proceeding that is
 1257  not before the Division of Administrative Hearings or otherwise
 1258  completed by the department within 1 year after the filing of
 1259  the complaint. All proceedings of the probable cause panel are
 1260  exempt from s. 120.525.
 1261         (5) A formal hearing before an administrative law judge
 1262  from the Division of Administrative Hearings shall be held
 1263  pursuant to chapter 120 if there are any disputed issues of
 1264  material fact. The administrative law judge shall issue a
 1265  recommended order pursuant to chapter 120. If any party raises
 1266  an issue of disputed fact during an informal hearing, the
 1267  hearing shall be terminated and a formal hearing pursuant to
 1268  chapter 120 shall be held.
 1269         (6) The board, with those members of the panel, if any, who
 1270  reviewed the investigation pursuant to subsection (4) being
 1271  excused, shall determine and issue the final order in each
 1272  disciplinary case. Such order shall constitute final agency
 1273  action. Any consent order or agreed settlement shall be subject
 1274  to the approval of the department.
 1275         (7) The department has standing to seek judicial review of
 1276  any final order of the board, pursuant to s. 120.68.
 1277         (8) Any proceeding for the purpose of summary suspension of
 1278  a license, or for the restriction of the license, of a licensee
 1279  pursuant to s. 120.60(6) shall be conducted by the commissioner
 1280  or the commissioner’s designee, who shall issue the final
 1281  summary order.
 1282         (9) The department shall periodically notify the person who
 1283  filed the complaint of the status of the investigation, whether
 1284  probable cause has been found, and the status of any civil
 1285  action or administrative proceeding or appeal.
 1286         (10) The complaint and all information obtained pursuant to
 1287  the investigation by the department are confidential and exempt
 1288  from s. 119.07(1) until 10 days after probable cause has been
 1289  found to exist by the probable cause panel or by the department,
 1290  or until the regulated professional or subject of the
 1291  investigation waives his or her privilege of confidentiality,
 1292  whichever occurs first. However, this exemption does not apply
 1293  to actions against unlicensed persons pursuant to s. 472.036 .
 1294  Upon completion of the investigation and pursuant to a written
 1295  request by the subject, the department shall provide the subject
 1296  an opportunity to inspect the investigative file or, at the
 1297  subject’s expense, forward to the subject a copy of the
 1298  investigative file. The subject may file a written response to
 1299  the information contained in the investigative file. Such
 1300  response must be filed within 20 days, unless an extension of
 1301  time has been granted by the department. This subsection does
 1302  not prohibit the department from providing such information to
 1303  any law enforcement agency or to any other regulatory agency.
 1304         (11) A privilege against civil liability is granted to any
 1305  complainant or any witness with regard to information furnished
 1306  with respect to any investigation or proceeding pursuant to this
 1307  section, unless the complainant or witness acted in bad faith or
 1308  with malice in providing such information.
 1309         (1) The following acts constitute grounds for which the
 1310  disciplinary actions in subsection (2) may be taken:
 1311         (a) Violation of any provision of s. 472.031 or s.
 1312  455.227(1);
 1313         (b) Attempting to procure a license to practice surveying
 1314  and mapping by bribery or fraudulent misrepresentations;
 1315         (c) Having a license to practice surveying and mapping
 1316  revoked, suspended, or otherwise acted against, including the
 1317  denial of licensure, by the licensing authority of another
 1318  state, territory, or country;
 1319         (d) Being convicted or found guilty of, or entering a plea
 1320  of nolo contendere to, regardless of adjudication, a crime in
 1321  any jurisdiction which directly relates to the practice of
 1322  surveying and mapping or the ability to practice surveying and
 1323  mapping;
 1324         (e) Making or filing a report or record that the licensee
 1325  knows to be false, willfully failing to file a report or record
 1326  required by state or federal law, willfully impeding or
 1327  obstructing such filing, or inducing another person to impede or
 1328  obstruct such filing. Such reports or records shall include only
 1329  those that are signed in the capacity of a registered surveyor
 1330  and mapper;
 1331         (f) Advertising goods or services in a manner that is
 1332  fraudulent, false, deceptive, or misleading in form or content;
 1333         (g) Upon proof that the licensee is guilty of fraud or
 1334  deceit, or of negligence, incompetency, or misconduct, in the
 1335  practice of surveying and mapping;
 1336         (h) Failing to perform any statutory or legal obligation
 1337  placed upon a licensed surveyor and mapper; violating any
 1338  provision of this chapter, a rule of the board or department, or
 1339  a lawful order of the board or department previously entered in
 1340  a disciplinary hearing; or failing to comply with a lawfully
 1341  issued subpoena of the department; or
 1342         (i) Practicing on a revoked, suspended, inactive, or
 1343  delinquent license.
 1344         (2) When the board finds any surveyor and mapper guilty of
 1345  any of the grounds set forth in subsection (1), it may enter an
 1346  order imposing one or more of the following penalties:
 1347         (a) Denial of an application for licensure.
 1348         (b) Revocation or suspension of a license.
 1349         (c) Imposition of an administrative fine not to exceed
 1350  $1,000 for each count or separate offense.
 1351         (d) Issuance of a reprimand.
 1352         (e) Placement of the surveyor and mapper on probation for a
 1353  period of time and subject to such conditions as the board may
 1354  specify.
 1355         (f) Restriction of the authorized scope of practice by the
 1356  surveyor and mapper.
 1357         (3) The department shall reissue the license of a
 1358  disciplined surveyor and mapper upon certification by the board
 1359  that he or she has complied with all of the terms and conditions
 1360  set forth in the final order.
 1361         Section 23. Section 472.0335, Florida Statutes, is created
 1362  to read:
 1363         472.0335 Classification of disciplinary actions.—
 1364         (1) A licensee may petition the department to review a
 1365  disciplinary incident to determine whether the specific
 1366  violation meets the standard of a minor violation as set forth
 1367  in s. 472.033(3). If the circumstances of the violation meet
 1368  that standard and 2 years have passed since the issuance of a
 1369  final order imposing discipline, the department shall reclassify
 1370  that violation as inactive if the licensee has not been
 1371  disciplined for any subsequent minor violation of the same
 1372  nature. After the department has reclassified the violation as
 1373  inactive, it is no longer considered to be part of the
 1374  licensee’s disciplinary record, and the licensee may lawfully
 1375  deny or fail to acknowledge the incident as a disciplinary
 1376  action.
 1377         (2) The department may establish a schedule classifying
 1378  violations according to the severity of the violation. After the
 1379  expiration of set periods of time, the department may provide
 1380  for such disciplinary records to become inactive, according to
 1381  their classification. After the disciplinary record has become
 1382  inactive, the department may clear the violation from the
 1383  disciplinary record and the subject person or business may
 1384  lawfully deny or fail to acknowledge such disciplinary actions.
 1385  The department may adopt rules to administer this subsection.
 1386         Section 24. Section 472.034, Florida Statutes, is created
 1387  to read:
 1388         472.034 Mediation.—
 1389         (1) Notwithstanding s. 472.033, the board shall adopt rules
 1390  to designate which violations of this chapter are appropriate
 1391  for mediation. The board may designate as mediation offenses
 1392  those complaints where harm caused by the licensee is economic
 1393  in nature or can be remedied by the licensee.
 1394         (2) After the department determines a complaint is legally
 1395  sufficient and the alleged violations are defined as mediation
 1396  offenses, the department or any agent of the department may
 1397  conduct informal mediation to resolve the complaint. If the
 1398  complainant and the subject of the complaint agree to a
 1399  resolution of a complaint within 14 days after contact by the
 1400  mediator, the mediator shall notify the department of the terms
 1401  of the resolution. The department or board shall take no further
 1402  action unless the complainant and the subject each fail to
 1403  record with the department an acknowledgment of satisfaction of
 1404  the terms of mediation within 60 days of the mediator’s
 1405  notification to the department. In the event the complainant and
 1406  subject fail to reach settlement terms or to record the required
 1407  acknowledgment, the department shall process the complaint
 1408  according to the provisions of s. 472.033.
 1409         (3) Conduct or statements made during mediation are
 1410  inadmissible in any proceeding pursuant to s. 472.033. Further,
 1411  any information relating to the mediation of a case shall be
 1412  subject to the confidentiality provisions of s. 472.033.
 1413         (4) A licensee may not go through the mediation process
 1414  more than three times without approval of the department. The
 1415  department may consider the subject and dates of the earlier
 1416  complaints in rendering its decision. The decision is not final
 1417  agency action for purposes of chapter 120.
 1418         (5) The board has the continuing authority to amend its
 1419  rules adopted pursuant to this section.
 1420         Section 25. Section 472.0345, Florida Statutes, is created
 1421  to read:
 1422         472.0345 Authority to issue citations.—
 1423         (1) Notwithstanding s. 472.033, the board or the department
 1424  shall adopt rules to permit the issuance of citations. The
 1425  citation shall be issued to the subject and shall contain the
 1426  subject’s name and address, the subject’s license number if
 1427  applicable, a brief factual statement, the sections of the law
 1428  allegedly violated, and the penalty imposed. The citation must
 1429  clearly state that the subject may choose, in lieu of accepting
 1430  the citation, to follow the procedure under s. 472.033. If the
 1431  subject disputes the matter in the citation, the procedures set
 1432  forth in s. 472.033 must be followed. However, if the subject
 1433  does not dispute the matter in the citation with the department
 1434  within 30 days after the citation is served, the citation
 1435  becomes a final order and constitutes discipline. The penalty
 1436  shall be a fine or other conditions as established by rule.
 1437         (2) The board shall adopt rules designating violations for
 1438  which a citation may be issued. Such rules shall designate as
 1439  citation violations those violations for which there is no
 1440  substantial threat to the public health, safety, and welfare.
 1441         (3) The department shall be entitled to recover the costs
 1442  of investigation, in addition to any penalty provided according
 1443  to board or department rule, as part of the penalty levied
 1444  pursuant to the citation.
 1445         (4) A citation must be issued within 6 months after the
 1446  filing of the complaint that is the basis for the citation.
 1447         (5) Service of a citation may be made by personal service
 1448  or certified mail, restricted delivery, to the subject at the
 1449  subject’s last known address.
 1450         (6) The board has continuous authority to amend its rules
 1451  adopted pursuant to this section.
 1452         Section 26. Section 472.0351, Florida Statutes, is created
 1453  to read:
 1454         472.0351 Grounds for discipline; penalties; enforcement.—
 1455         (1) The following acts shall constitute grounds for which
 1456  the disciplinary actions specified in subsection (2) may be
 1457  taken:
 1458         (a) Violation of any provision of s. 472.031;
 1459         (b) Attempting to procure a license to practice surveying
 1460  and mapping by bribery or fraudulent misrepresentations;
 1461         (c) Having a license to practice surveying and mapping
 1462  revoked, suspended, or otherwise acted against, including the
 1463  denial of licensure, by the licensing authority of another
 1464  state, territory, or country;
 1465         (d) Being convicted or found guilty of, or entering a plea
 1466  of nolo contendere to, regardless of adjudication, a crime in
 1467  any jurisdiction which directly relates to the practice of
 1468  surveying and mapping or the ability to practice surveying and
 1469  mapping;
 1470         (e) Making or filing a report or record that the licensee
 1471  knows to be false, willfully failing to file a report or record
 1472  required by state or federal law, willfully impeding or
 1473  obstructing such filing, or inducing another person to impede or
 1474  obstruct such filing. Such reports or records shall include only
 1475  those that are signed in the capacity of a registered surveyor
 1476  and mapper;
 1477         (f) Advertising goods or services in a manner that is
 1478  fraudulent, false, deceptive, or misleading in form or content;
 1479         (g) Upon proof that the licensee is guilty of fraud or
 1480  deceit, or of negligence, incompetency, or misconduct, in the
 1481  practice of surveying and mapping;
 1482         (h) Failing to perform any statutory or legal obligation
 1483  placed upon a licensed surveyor and mapper; violating any
 1484  provision of this chapter, a rule of the board or department, or
 1485  a lawful order of the board or department previously entered in
 1486  a disciplinary hearing; or failing to comply with a lawfully
 1487  issued subpoena of the department;
 1488         (i) Practicing on a revoked, suspended, inactive, or
 1489  delinquent license;
 1490         (j) Making misleading, deceptive, or fraudulent
 1491  representations in or related to the practice of the licensee’s
 1492  profession;
 1493         (k) Intentionally violating any rule adopted by the board
 1494  or the department, as appropriate;
 1495         (l) Having a license or the authority to practice the
 1496  regulated profession revoked, suspended, or otherwise acted
 1497  against, including the denial of licensure, by the licensing
 1498  authority of any jurisdiction, including its agencies or
 1499  subdivisions, for a violation that would constitute a violation
 1500  under Florida law;
 1501         (m) Having been found liable in a civil proceeding for
 1502  knowingly filing a false report or complaint with the department
 1503  against another licensee;
 1504         (n) Failing to report to the department any person who the
 1505  licensee knows is in violation of this chapter or the rules of
 1506  the department or the board;
 1507         (o) Aiding, assisting, procuring, employing, or advising
 1508  any unlicensed person or entity to practice surveying and
 1509  mapping contrary to this chapter or the rules of the department
 1510  or the board;
 1511         (p) Making deceptive, untrue, or fraudulent representations
 1512  in or related to the practice of a profession or employing a
 1513  trick or scheme in or related to the practice of a profession;
 1514         (q) Exercising influence on the client for the purpose of
 1515  financial gain of the licensee or a third party;
 1516         (r) Practicing or offering to practice beyond the scope
 1517  permitted by law or accepting and performing professional
 1518  responsibilities the licensee knows, or has reason to know, the
 1519  licensee is not competent to perform;
 1520         (s) Delegating or contracting for the performance of
 1521  professional responsibilities by a person when the licensee
 1522  delegating or contracting for performance of such
 1523  responsibilities knows, or has reason to know, such person is
 1524  not qualified by training, experience, and authorization when
 1525  required to perform them;
 1526         (t) Violating this chapter, the applicable professional
 1527  practice act, a rule of the department or the board, or a lawful
 1528  order of the department or the board, or failing to comply with
 1529  a lawfully issued subpoena of the department; or
 1530         (u) Improperly interfering with an investigation or
 1531  inspection authorized by statute, or with any disciplinary
 1532  proceeding.
 1533         (2) When the board finds any surveyor or mapper guilty of
 1534  any of the grounds set forth in subsection (1), it may enter an
 1535  order imposing one or more of the following penalties:
 1536         (a) Denial of an application for licensure.
 1537         (b) Revocation or suspension of a license.
 1538         (c) Imposition of an administrative fine not to exceed
 1539  $1,000 for each count or separate offense.
 1540         (d) Issuance of a reprimand.
 1541         (e) Placement of the surveyor or mapper on probation for a
 1542  period of time and subject to such conditions as the board may
 1543  specify. Those conditions may include, but are not limited to,
 1544  requiring the licensee to undergo treatment, attend continuing
 1545  education courses, submit to be reexamined, work under the
 1546  supervision of another licensee, or satisfy any terms which are
 1547  reasonably tailored to the violations found.
 1548         (f) Restriction of the authorized scope of practice by the
 1549  surveyor or mapper.
 1550         (3) The department shall reissue the license of a
 1551  disciplined surveyor or mapper upon certification by the board
 1552  that he or she has complied with all of the terms and conditions
 1553  set forth in the final order.
 1554         (4)(a) In addition to any other discipline imposed pursuant
 1555  to this section, the board may assess costs and attorneys fees
 1556  related to the investigation and prosecution of the case.
 1557         (b) In any case where the board or the department imposes a
 1558  fine or assessment and the fine or assessment is not paid within
 1559  a reasonable time, such reasonable time to be prescribed in the
 1560  rules of the board or in the order assessing such fines or
 1561  costs, the department or the Department of Legal Affairs may
 1562  contract for the collection of, or bring a civil action to
 1563  recover, the fine or assessment.
 1564         (5) In addition to, or in lieu of, any other remedy or
 1565  criminal prosecution, the department may file a proceeding in
 1566  the name of the state seeking issuance of an injunction or a
 1567  writ of mandamus against any person who violates any of the
 1568  provisions of this chapter, or any provision of law with respect
 1569  to professions regulated by the department, or any board
 1570  therein, or the rules adopted pursuant thereto.
 1571         (6) If the board determines that revocation of a license is
 1572  the appropriate penalty, the revocation shall be permanent.
 1573  However, the board may establish, by rule, requirements for
 1574  reapplication by applicants whose licenses have been permanently
 1575  revoked. Such requirements may include, but shall not be limited
 1576  to, satisfying current requirements for an initial license.
 1577         Section 27. Section 472.0355, Florida Statutes, is created
 1578  to read:
 1579         472.0355 Disciplinary guidelines.—
 1580         (1) The board by rule shall adopt and periodically review
 1581  the disciplinary guidelines applicable to each ground for
 1582  disciplinary action which may be imposed by the board pursuant
 1583  to this chapter and any rule of the board or department.
 1584         (2) The disciplinary guidelines shall specify a meaningful
 1585  range of designated penalties based upon the severity and
 1586  repetition of specific offenses, it being the legislative intent
 1587  that minor violations be distinguished from those which endanger
 1588  the public health, safety, or welfare; that such guidelines
 1589  provide reasonable and meaningful notice to the public of likely
 1590  penalties which may be imposed for proscribed conduct; and that
 1591  such penalties be consistently applied by the board.
 1592         (3) A specific finding of mitigating or aggravating
 1593  circumstances shall allow the board to impose a penalty other
 1594  than that provided for in such guidelines. If applicable, the
 1595  board shall adopt by rule disciplinary guidelines to designate
 1596  possible mitigating and aggravating circumstances and the
 1597  variation and range of penalties permitted for such
 1598  circumstances.
 1599         (4) The department must review such disciplinary guidelines
 1600  for compliance with the legislative intent as set forth herein
 1601  to determine whether the guidelines establish a meaningful range
 1602  of penalties and may also challenge such rules pursuant to s.
 1603  120.56.
 1604         (5) The administrative law judge, in recommending penalties
 1605  in any recommended order, must follow the penalty guidelines
 1606  established by the board or department and must state in writing
 1607  the mitigating or aggravating circumstances upon which the
 1608  recommended penalty is based.
 1609         Section 28. Section 472.036, Florida Statutes, is created
 1610  to read:
 1611         472.036 Unlicensed practice of professional surveying and
 1612  mapping; cease and desist notice; civil penalty; enforcement;
 1613  citations; allocation of moneys collected.—
 1614         (1) When the department has probable cause to believe that
 1615  any person not licensed by the department or the board has
 1616  violated any provision of this chapter, or any rule adopted
 1617  pursuant this chapter, the department may issue and deliver to
 1618  such person a notice to cease and desist from such violation. In
 1619  addition, the department may issue and deliver a notice to cease
 1620  and desist to any person who aids and abets the unlicensed
 1621  practice of surveying and mapping by employing such unlicensed
 1622  person. The issuance of a notice to cease and desist shall not
 1623  constitute agency action for which a hearing under ss. 120.569
 1624  and 120.57 may be sought. For the purpose of enforcing a cease
 1625  and desist order, the department may file a proceeding in the
 1626  name of the state seeking issuance of an injunction or a writ of
 1627  mandamus against any person who violates any provisions of such
 1628  order. In addition to the foregoing remedies, the department may
 1629  impose an administrative penalty not to exceed $5,000 per
 1630  incident pursuant to the provisions of chapter 120 or may issue
 1631  a citation pursuant to the provisions of subsection (3). If the
 1632  department is required to seek enforcement of the order for a
 1633  penalty pursuant to s. 120.569, it shall be entitled to collect
 1634  its attorney’s fees and costs, together with any cost of
 1635  collection.
 1636         (2) In addition to or in lieu of any remedy provided in
 1637  subsection (1), the department may seek the imposition of a
 1638  civil penalty through the circuit court for any violation for
 1639  which the department may issue a notice to cease and desist
 1640  under subsection (1). The civil penalty shall be no less than
 1641  $500 and no more than $5,000 for each offense. The court may
 1642  also award to the prevailing party court costs and reasonable
 1643  attorney fees and, in the event the department prevails, may
 1644  also award reasonable costs of investigation.
 1645         (3)(a) Notwithstanding the provisions of s. 472.033, the
 1646  department shall adopt rules to permit the issuance of citations
 1647  for unlicensed practice of a profession. The citation shall be
 1648  issued to the subject and shall contain the subject’s name and
 1649  any other information the department determines to be necessary
 1650  to identify the subject, a brief factual statement, the sections
 1651  of the law allegedly violated, and the penalty imposed. The
 1652  citation must clearly state that the subject may choose, in lieu
 1653  of accepting the citation, to follow the procedure under s.
 1654  472.033. If the subject disputes the matter in the citation, the
 1655  procedures set forth in s. 472.033 must be followed. However, if
 1656  the subject does not dispute the matter in the citation with the
 1657  department within 30 days after the citation is served, the
 1658  citation shall become a final order of the department upon
 1659  filing with the agency clerk. The penalty shall be a fine of not
 1660  less than $500 or more than $5,000 or other conditions as
 1661  established by rule.
 1662         (b) Each day that the unlicensed practice continues after
 1663  issuance of a citation constitutes a separate violation.
 1664         (c) The department shall be entitled to recover the costs
 1665  of investigation, in addition to any penalty provided according
 1666  to department rule as part of the penalty levied pursuant to the
 1667  citation.
 1668         (d) Service of a citation may be made by personal service
 1669  or certified mail, restricted delivery, to the subject at the
 1670  subject’s last known address.
 1671         (4) All fines, fees, and costs collected through the
 1672  procedures set forth in this section shall be deposited in the
 1673  General Inspection Trust Fund.
 1674         (5) The provisions of this section apply only to the
 1675  provisions of this chapter.
 1676         Section 29. Section 472.0365, Florida Statutes, is created
 1677  to read:
 1678         472.0365 Unlicensed activities; fees; disposition.—In order
 1679  to protect the public and to ensure a consumer-oriented
 1680  department, it is the intent of the Legislature that vigorous
 1681  enforcement of regulation for professional surveying and mapping
 1682  activities is a state priority. All enforcement costs under this
 1683  chapter should be covered by the profession. Therefore, the
 1684  department shall impose, upon initial licensure and each renewal
 1685  thereof, a special fee of $5 per licensee. Such fee shall be in
 1686  addition to all other fees collected from each licensee and
 1687  shall fund efforts to combat unlicensed activity. The board with
 1688  concurrence of the department may earmark $5 of the current
 1689  licensure fee for this purpose, if the board is not in a deficit
 1690  and has a reasonable cash balance. The board with the
 1691  concurrence of the department may authorize the transfer of
 1692  funds from the operating fund account to the unlicensed activity
 1693  account if the operating fund account is not in a deficit and
 1694  has a reasonable cash balance. The department shall include all
 1695  financial and statistical data resulting from unlicensed
 1696  activity enforcement as a separate category in the quarterly
 1697  management report provided for in s. 472.011. For the unlicensed
 1698  activity account, a balance which remains at the end of a
 1699  renewal cycle may, with concurrence of the board and the
 1700  department, be transferred to the operating fund account of the
 1701  profession.
 1702         Section 30. The following provisions are adopted to
 1703  minimize any interruption of service or function which may
 1704  result from implementing the type two transfer provided in this
 1705  act:
 1706         (1) The Department of Agriculture and Consumer Services and
 1707  Department of Business and Professional Regulation shall
 1708  cooperate fully to complete this type two transfer not later
 1709  than October 1, 2009.
 1710         (2) The Department of Business and Professional Regulation
 1711  shall transfer to the Department of Agriculture and Consumer
 1712  Services the unexpended balances of appropriations, allocations,
 1713  and all other funds applicable to the licensing and regulation
 1714  of Professional Surveyors and Mappers outstanding as of October
 1715  1, 2009.
 1716         (3) This type two transfer will require a full transfer of
 1717  all data and processing information necessary for complete
 1718  operation of the licensing and regulatory program under chapter
 1719  472, Florida Statutes, from the data processing system operated
 1720  by the Department of Business and Professional Regulation to the
 1721  data processing system operated by the Department of Agriculture
 1722  and Consumer Services. This transfer must be completed without
 1723  loss of relevant data or functionality required for the program.
 1724  In the event this necessary transfer of data processing
 1725  functionality cannot be completed before October 1, 2009, the
 1726  Department of Agriculture and Consumer Services may continue
 1727  operating some or all data processing functions required under
 1728  chapter 472, Florida Statutes, through the data processing
 1729  system operated by the Department of Business and Professional
 1730  Regulation. For this continued use of its data processing
 1731  system, the Department of Business and Professional Regulation
 1732  shall be reimbursed by the Department of Agriculture and
 1733  Consumer Services at the rate of $2,000 per month; the monthly
 1734  fee shall be prorated by day for each partial month of continued
 1735  use. This authority for use and compensation shall terminate
 1736  upon the complete transfer of all data processing functions to
 1737  the separate data processing system operated by the Department
 1738  of Agriculture and Consumer Services.
 1739         (4) The transfer of regulatory authority under chapter 472,
 1740  Florida Statutes, provided by this act shall not affect the
 1741  validity of any judicial or administrative action pending as of
 1742  11:59 p.m. on the day before October 1, 2009, to which action
 1743  the Board of Professional Surveyors and Mappers, or the
 1744  Department of Business and Professional Regulation in relation
 1745  to the Board of Professional Surveyors and Mappers, are at that
 1746  time parties, and the Board of Professional Surveyors and
 1747  Mappers or the Department of Agriculture and Consumer Services,
 1748  as appropriate, shall be substituted as a party in interest in
 1749  any such action.
 1750         (5) All lawful orders issued by the Board of Professional
 1751  Surveyors and Mappers, or by the Department of Business and
 1752  Professional Regulation, implementing or enforcing or otherwise
 1753  in regard to any provision of chapter 472, Florida Statutes,
 1754  issued prior to October 1, 2009, shall remain in effect and be
 1755  enforceable after October 1, 2009, unless thereafter modified in
 1756  accordance with law.
 1757         (6) The rules of the Board of Professional Surveyors and
 1758  Mappers and of the Department of Business and Professional
 1759  Regulation relating to the Board of Professional Surveyors and
 1760  Mappers or implementation of chapter 472, Florida Statutes,
 1761  which were in effect at 11:59 p.m. on the day prior to October
 1762  1, 2009, shall become rules of the Department of Agriculture and
 1763  Consumer Services and the Board of Professional Surveyors and
 1764  Mappers and shall remain in effect until amended or repealed in
 1765  the manner provided by law.
 1766         (7)(a) Notwithstanding the transfer of regulatory authority
 1767  over chapter 472, Florida Statutes, provided by this act,
 1768  persons and entities holding in good standing any license under
 1769  chapter 472, Florida Statutes, as of 11:59 p.m. on the day prior
 1770  to October 1, 2009, shall be deemed to hold in good standing a
 1771  license in the same capacity under chapter 472, Florida
 1772  Statutes, as of October 1, 2009.
 1773         (b) Notwithstanding the transfer of regulatory authority
 1774  over chapter 472, Florida Statutes, provided by this act,
 1775  persons and entities holding in good standing any registration
 1776  under chapter 472, Florida Statutes, as of 11:59 p.m. on the day
 1777  prior to October 1, 2009, shall as of October 1, 2009, be deemed
 1778  to be licensed in the same capacity in which they were formerly
 1779  registered, and their registration shall thereafter be deemed a
 1780  license for purposes of chapter 472, Florida Statutes.
 1781         (8) No later than July 1, 2009, the Department of
 1782  Agriculture and Consumer Services and the Department of Business
 1783  and Professional Regulation shall cooperate in making available
 1784  all personnel and information necessary for a prompt and
 1785  complete transition of pending disciplinary matters, including
 1786  coordinating meetings of attorneys and investigators.
 1787         (9) The Department of Agriculture and Consumer Services may
 1788  contract with the Department of Business and Professional
 1789  Regulation for the development, preparation, administration,
 1790  scoring, score reporting, and evaluation of examinations
 1791  currently scheduled to be conducted after October 1, 2009. Any
 1792  such contract shall be entered into only with the prior advice
 1793  and approval of the Board of Professional Surveyors and Mappers
 1794  and shall become effective on or after October 1, 2009. The
 1795  Department of Agriculture and Consumer Services and the
 1796  Department of Business and Professional Regulation shall confer
 1797  promptly with the board to determine at the earliest possible
 1798  time the need for the services described in this subsection.
 1799         Section 31. Subsection (3) of section 482.2401, Florida
 1800  Statutes, is amended to read:
 1801         482.2401 Disposition and use of revenues from fees and
 1802  fines.—
 1803         (3) The department may use All revenues from administrative
 1804  fines shall be used to support contract research or education in
 1805  pest control. If revenues are available to support such research
 1806  or education, the department shall appoint a committee composed
 1807  of pest control industry members which shall assist the
 1808  department in establishing research or education priorities, in
 1809  developing requests for proposals for bids, and in selecting
 1810  research or education contractors from qualified bidders.
 1811         Section 32. Effective upon this act becoming a law and
 1812  retroactive to January 1, 2009, subsections (1) and (2) of
 1813  section 487.041, Florida Statutes, as amended by section 14 of
 1814  chapter 2009-20, Laws of Florida, are amended to read:
 1815         487.041 Registration.—
 1816         (1)(a) Effective January 1, 2009, each brand of pesticide,
 1817  as defined in s. 487.021, which is distributed, sold, or offered
 1818  for sale, except as provided in this section, within this state
 1819  or delivered for transportation or transported in intrastate
 1820  commerce or between points within this state through any point
 1821  outside this state must be registered in the office of the
 1822  department, and such registration shall be renewed biennially.
 1823  Emergency exemptions from registration may be authorized in
 1824  accordance with the rules of the department. The registrant
 1825  shall file with the department a statement including:
 1826         1. The name, business mailing address, and street address
 1827  of the registrant.
 1828         2. The name of the brand of pesticide.
 1829         3. An ingredient statement and a complete copy of the
 1830  labeling accompanying the brand of the pesticide, which must
 1831  conform to the registration, and a statement of all claims to be
 1832  made for it, including directions for use and a guaranteed
 1833  analysis showing the names and percentages by weight of each
 1834  active ingredient, the total percentage of inert ingredients,
 1835  and the names and percentages by weight of each “added
 1836  ingredient.”
 1837         (b) Effective January 1, 2009, for the purpose of defraying
 1838  expenses of the department in connection with carrying out the
 1839  provisions of this part, each registrant person shall pay a
 1840  biennial registration fee for each registered brand of
 1841  pesticide. The registration of each brand of pesticide shall
 1842  cover a designated 2-year period beginning on January 1 of each
 1843  odd-numbered year and expiring on December 31 of the following
 1844  year.
 1845         (c) Each registration issued by the department to a
 1846  registrant for a period beginning in an odd-numbered year shall
 1847  be assessed a fee of $700 per brand of pesticide and a fee of
 1848  $200 for each special local need label and experimental use
 1849  permit, and the registration shall expire on December 31 of the
 1850  following year. Each registration issued by the department to a
 1851  registrant for a period beginning in an even-numbered year shall
 1852  be assessed a fee of $350 per brand of pesticide and fee of $100
 1853  for each special local need label and experimental use permit,
 1854  and the registration shall expire on December 31 of that year.
 1855         (d)1. Effective January 1, 2009, in addition to the fees
 1856  assessed pursuant to paragraphs (b) and (c), for the purpose of
 1857  defraying the expenses of the department for testing pesticides
 1858  for food safety, each registrant shall pay a supplemental
 1859  biennial registration fee for each registered brand of pesticide
 1860  that contains an active ingredient for which the United States
 1861  Environmental Protection Agency has established a food tolerance
 1862  limit in 40 C.F.R. part 180. The department shall biennially
 1863  publish by rule a list of the pesticide active ingredients for
 1864  which a brand of pesticide is subject to the supplemental
 1865  registration fee.
 1866         2. Each registration issued by the department to a
 1867  registrant for a period beginning in an odd-numbered year shall
 1868  be assessed a supplemental registration fee of $630 per brand of
 1869  pesticide that is subject to the fee pursuant to subparagraph 1.
 1870  Each registration issued by the department to a registrant for a
 1871  period beginning in an even-numbered year shall be assessed a
 1872  supplemental registration fee of $315 per brand of pesticide
 1873  that is subject to the fee pursuant to subparagraph 1. The
 1874  department shall retroactively assess the supplemental
 1875  registration fee for each brand of pesticide that registered on
 1876  or after January 1, 2009, and that is subject to the fee
 1877  pursuant to subparagraph 1.
 1878         (e)(d) All revenues collected, less those costs determined
 1879  by the department to be nonrecurring or one-time costs, shall be
 1880  deferred over the 2-year registration period, deposited in the
 1881  General Inspection Trust Fund, and used by the department in
 1882  carrying out the provisions of this chapter. Revenues collected
 1883  from the supplemental registration fee may also be used by the
 1884  department for testing pesticides for food safety.
 1885         (f)(e) If the renewal of a brand of pesticide, including
 1886  the special local need label and experimental use permit, is not
 1887  filed by January 31 of the renewal year, an additional fee of
 1888  $25 per brand of pesticide shall be assessed per month and added
 1889  to the original fee. This additional fee may not exceed $250 per
 1890  brand of pesticide. The additional fee must be paid by the
 1891  registrant before the renewal certificate for the registration
 1892  of the brand of pesticide is issued. The additional fee shall be
 1893  deposited into the General Inspection Trust Fund.
 1894         (g)(f) This subsection does not apply to distributors or
 1895  retail dealers selling brands of pesticide if such brands of
 1896  pesticide are registered by another person.
 1897         (2) The department shall adopt rules governing the
 1898  procedures for the registration of a brand of pesticide, and for
 1899  the review of data submitted by an applicant for registration of
 1900  the brand of pesticide, and for biennially publishing the list
 1901  of active ingredients for which a brand of pesticide is subject
 1902  to the supplemental registration fee pursuant to subparagraph
 1903  (1)(d)1. The department shall determine whether the brand of
 1904  pesticide should be registered, registered with conditions, or
 1905  tested under field conditions in this state. The department
 1906  shall determine whether each request for registration of a brand
 1907  of pesticide meets the requirements of current state and federal
 1908  law. The department, whenever it deems it necessary in the
 1909  administration of this part, may require the manufacturer or
 1910  registrant to submit the complete formula, quantities shipped
 1911  into or manufactured in the state for distribution and sale,
 1912  evidence of the efficacy and the safety of any pesticide, and
 1913  other relevant data. The department may review and evaluate a
 1914  registered pesticide if new information is made available that
 1915  indicates that use of the pesticide has caused an unreasonable
 1916  adverse effect on public health or the environment. Such review
 1917  shall be conducted upon the request of the State Surgeon General
 1918  in the event of an unreasonable adverse effect on public health
 1919  or the Secretary of Environmental Protection in the event of an
 1920  unreasonable adverse effect on the environment. Such review may
 1921  result in modifications, revocation, cancellation, or suspension
 1922  of the registration of a brand of pesticide. The department, for
 1923  reasons of adulteration, misbranding, or other good cause, may
 1924  refuse or revoke the registration of the brand of any pesticide
 1925  after notice to the applicant or registrant giving the reason
 1926  for the decision. The applicant may then request a hearing,
 1927  pursuant to chapter 120, on the intention of the department to
 1928  refuse or revoke registration, and, upon his or her failure to
 1929  do so, the refusal or revocation shall become final without
 1930  further procedure. The registration of a brand of pesticide may
 1931  not be construed as a defense for the commission of any offense
 1932  prohibited under this part.
 1933         Section 33. Section 531.60, Florida Statutes, is created to
 1934  read:
 1935         531.60 Permit for commercially operated or tested weights
 1936  or measures instrument or devices.—
 1937         (1) A weights and measures instrument or device may not
 1938  operate or be used for commercial purposes, as defined by
 1939  department rule, within this state without a valid commercial
 1940  use permit issued by the department, unless exempted as provided
 1941  in s. 531.61. Such permit applies only to the specific
 1942  instrument or device for which the permit was issued. However,
 1943  the department may allow such permit to be applicable to a
 1944  replacement for the original instrument or device.
 1945         (2) If ownership of an instrument or device for which a
 1946  permit has been issued changes and the instrument or device:
 1947         (a) Remains in the same location, the permit transfers to
 1948  the new owner and remains in effect until its original
 1949  expiration date. Within 30 days after the change in ownership,
 1950  the new owner shall notify the department of the change and
 1951  provide the pertinent information regarding the change in
 1952  ownership and an updated replacement permit shall be issued if
 1953  needed.
 1954         (b) Moves to a new location, the permit automatically
 1955  expires and a new permit must be issued which will expire 1 year
 1956  following the date of issuance.
 1957         (3) Weights and measures instruments or devices that are
 1958  not used commercially may be tested by the department under this
 1959  chapter only if they are permitted and appropriate fees paid as
 1960  prescribed by this section and adopted rules.
 1961         Section 34. Section 531.61, Florida Statutes, is created to
 1962  read:
 1963         531.61 Exemptions from permit requirement.—Commercial
 1964  weights or measures instruments or devices are exempt from the
 1965  permit requirements of ss. 531.60-531.66 if:
 1966         (1) The device is a taximeter that is licensed, permitted,
 1967  or registered by a municipality, county, or other local
 1968  government and is tested for accuracy and compliance with state
 1969  standards by the local government in cooperation with the state
 1970  as authorized in s. 531.421.
 1971         (2) The device is used exclusively for weighing railroad
 1972  cars and is tested for accuracy and compliance with state
 1973  standards by a private testing agency.
 1974         (3) The device is used exclusively for measuring petroleum
 1975  products taxed under s. 525.09.
 1976         Section 35. Section 531.62, Florida Statutes, is created to
 1977  read:
 1978         531.62 Permit application and renewal.—
 1979         (1) An application for a weights and measures commercial
 1980  use permit shall be submitted to the department on a form
 1981  prescribed and furnished by the department and must contain such
 1982  information as the department may require by rule.
 1983         (2) The application must be accompanied by a fee in an
 1984  amount determined by department rule. However, the fee for each
 1985  instrument or device may not exceed the maximum limits set forth
 1986  in s. 531.63.
 1987         (3) The department shall issue a permit and such other
 1988  identification tags or stickers as necessary to provide evidence
 1989  of compliance with ss. 531.60-531.66.
 1990         (4) A permit expires 1 year following its date of issue and
 1991  must be renewed annually. If an application for renewal is not
 1992  received by the department within 30 days after its due date, a
 1993  late fee of up to $100 must be paid in addition to the annual
 1994  commercial use permit fee.
 1995         (5) All permit fees shall be deposited into the General
 1996  Inspection Trust Fund and used to carry out and enforce the
 1997  provisions of this chapter relating to testing, inspection,
 1998  licensing, and regulation of commercial weights and measures
 1999  instruments or devices and practices in the state.
 2000         Section 36. Section 531.63, Florida Statutes, is created to
 2001  read:
 2002         531.63 Maximum permit fees.—The commercial use permit fees
 2003  established for weights or measures instruments or devices shall
 2004  be in an amount necessary to administer this chapter but may not
 2005  exceed the amounts provided in this section.
 2006         (1) For weighing devices, the fees must be based on the
 2007  manufacturer’s rated capacity or the device’s design and use and
 2008  whether measuring by inch or pounds or the metric equivalent:
 2009         (a) For weighing devices of up to and including the 100
 2010  pound capacity which are used during any portion of the period
 2011  covered by the permit, the maximum annual fees per retail
 2012  establishment may not exceed the following:
 2013  
 2014         Number of devices 					Maximum Fee
 2015         in a single retail
 2016         establishment
 2017         1 to 5									 $60
 2018         6 to 10									$150
 2019         11 to 30									$200
 2020         More than 30								$300
 2021  
 2022         (b) For weighing devices of greater than the 100-pound
 2023  capacity, the maximum annual registration fees may not exceed
 2024  the following amounts per device:
 2025  
 2026         Manufacturer’s rated capacity		Maximum Fee Per Device
 2027         100-5,000 pounds							$200
 2028         5,000-20,000 pounds							$300
 2029         20,000 pounds or more						$400
 2030         Wheel load weighers							 $35
 2031         Static railroad track scales				  	 $1,000
 2032         Belt-conveyor scales						$500
 2033         In-motion railroad track scales			  	 $1,000
 2034  
 2035         (2) For other measuring devices, the annual permit fees per
 2036  device may not exceed the following:
 2037         (a)Mass flow meters having a maximum flow rate of up to
 2038  150 pounds per minute							$100.
 2039         (b)Mass flow meters having a maximum flow rate greater
 2040  than 150 pounds per minute						$500.
 2041         (c)Volumetric flow meters having a maximum flow rate of up
 2042  to 20 gallons per minute							 $50.
 2043         (d)Volumetric flow meters having a maximum flow rate
 2044  greater than 20 gallons per minute					$100.
 2045         (e)Tanks, under 500 gallons capacity, used as measure
 2046  containers, with or without gage rods or markers		$100.
 2047         (f)Tanks, 500 or more gallons capacity, used as measure
 2048  containers, with or without gage rods or markers		$200.
 2049         (g)Taximeters								 $50.
 2050         (h)Grain moisture meters					 $25.
 2051         (i)Multiple-dimension measuring devices		$100.
 2052         (3) The owner or person in possession of a weight or
 2053  measures instrument or device for which the permit fees have not
 2054  been paid in accordance with this section may not use such
 2055  instrument or device for commercial purposes.
 2056         Section 37. Section 531.64, Florida Statutes, is created to
 2057  read:
 2058         531.64 Suspension and revocation of permits.—Any permit
 2059  issued under s. 531.62 may be suspended or revoked by the
 2060  department if the devices or instruments for which the permit is
 2061  issued are operated or used contrary to this chapter or adopted
 2062  rules.
 2063         Section 38. Section 531.65, Florida Statutes, is created to
 2064  read:
 2065         531.65 Unauthorized use; penalties.—If a weights or
 2066  measures instrument or device is used commercially without a
 2067  valid commercial use permit, the department may:
 2068         (1) Prohibit the further commercial use of the unpermitted
 2069  instrument or device until the proper permit has been issued;
 2070         (2) Employ and attach to the instrument or device such
 2071  form, notice, tag, or seal to prevent the continued unauthorized
 2072  use of the instrument or device;
 2073         (3) In addition to the permit fees prescribed by rule for
 2074  the commercial use of a weights and measures instrument or
 2075  device, assess the late fee authorized under s. 531.62; or
 2076         (4) Impose penalties as prescribed in s. 531.50 in addition
 2077  to the payment of appropriate permit fees for the commercial use
 2078  of a weights and measures instrument or device.
 2079         Section 39. Section 531.66, Florida Statutes, is created to
 2080  read:
 2081         531.66 Forms; rules.—
 2082         (1) The department shall prescribe such forms, permits,
 2083  certificates, and identification tags or stickers it considers
 2084  necessary to carry out the permitting provisions of ss. 531.60
 2085  531.66.
 2086         (2) The department shall adopt rules necessary to
 2087  administer ss. 531.60-531.66.
 2088         Section 40. Sections 531.60, 531.61, 531.62, 531.63,
 2089  531.64, 531.65, and 531.66, Florida Statutes, as created by this
 2090  act, shall expire July 1, 2014.
 2091         Section 41. Paragraph (a) of subsection (2) of section
 2092  576.021, Florida Statutes, is amended to read:
 2093         576.021 Registration and licensing.—
 2094         (2)(a) A person may not distribute a specialty fertilizer
 2095  in this state until it is registered with the department by the
 2096  licensee whose name appears on the label. An application for
 2097  registration of each grade of specialty fertilizer shall be made
 2098  on a form furnished by the department and shall be accompanied
 2099  by an annual fee of $100 for each specialty fertilizer that is
 2100  registered for the first five registrations for each grade of
 2101  each brand. If more than five grades of specialty fertilizer are
 2102  to be registered by a licensee, the registration fee for the
 2103  sixth grade registered and for each subsequent grade registered
 2104  shall be $25 for each grade of each brand. All specialty
 2105  fertilizer registrations expire June 30 each year. All licensing
 2106  and registration fees paid to the department under this section
 2107  shall be deposited into the State Treasury to be placed in the
 2108  General Inspection Trust Fund to be used for the sole purpose of
 2109  funding the fertilizer inspection program.
 2110         Section 42. Paragraph (a) of subsection (2) of section
 2111  576.045, Florida Statutes, is amended to read:
 2112         576.045 Nitrogen and phosphorus; findings and intent; fees;
 2113  purpose; best-management practices; waiver of liability;
 2114  compliance; rules; exclusions; expiration.—
 2115         (2) FEES.—
 2116         (a) In addition to the fees imposed under ss. 576.021 and
 2117  576.041, the following supplemental fees shall be collected and
 2118  paid by licensees for the sole purpose of implementing this
 2119  section:
 2120         1. One hundred dollars for each license to distribute
 2121  fertilizer.
 2122         2. One hundred dollars for each of the first five specialty
 2123  fertilizer registrations and $25 for each registration after the
 2124  first five.
 2125         3. Fifty cents per ton for all fertilizer that contains
 2126  nitrogen or phosphorus and that is sold in this state.
 2127         Section 43. Subsection (1) of section 578.08, Florida
 2128  Statutes, is amended to read:
 2129         578.08 Registrations.—
 2130         (1) Every person, except as provided in subsection (4) and
 2131  s. 578.14, before selling, distributing for sale, offering for
 2132  sale, exposing for sale, handling for sale, or soliciting orders
 2133  for the purchase of any agricultural, vegetable, flower, or
 2134  forest tree seed or mixture thereof, shall first register with
 2135  the department as a seed dealer. The application for
 2136  registration shall include the name and location of each place
 2137  of business at which the seed is sold, distributed for sale,
 2138  offered for sale, exposed for sale, or handled for sale. The
 2139  application for registration shall be accompanied by an annual
 2140  registration fee for each such place of business based on the
 2141  gross receipts from the sale of such seed for the last preceding
 2142  license year as follows:
 2143         (a)1. Receipts less than $2,500.01, fee of.......$100 $50
 2144         2. Receipts more than $2,500 and less than
 2145  $5,000.01, fee of......................................$200 $100
 2146         3. Receipts more than $5,000 and less than
 2147  $10,000.01, fee of.....................................$350 $175
 2148         4. Receipts more than $10,000 and less than
 2149  $20,000.01, fee of ....................................$800 $400
 2150         5. Receipts more than $20,000 and less than
 2151  $40,000.01, fee of...................................$1,000 $500
 2152         6. Receipts more than $40,000 and less than
 2153  $70,000.01, fee of...................................$1,200 $600
 2154         7. Receipts more than $70,000 and less than
 2155  $150,000.01, fee of..................................$1,600 $800
 2156         8. Receipts more than $150,000 and less than
 2157  $400,000.01, fee of................................$2,400 $1,200
 2158         9. Receipts more than $400,000, fee of......$4,600 $2,300
 2159         (b) For places of business not previously in operation, the
 2160  fee shall be based on anticipated receipts for the first license
 2161  year.
 2162         Section 44. Subsection (2) of section 589.08, Florida
 2163  Statutes, is amended to read:
 2164         589.08 Land acquisition restrictions.—
 2165         (2) The division may receive, hold the custody of, and
 2166  exercise the control of any lands, and set aside into a
 2167  separate, distinct and inviolable fund, any the proceeds which
 2168  may be derived from the sales of the products of such lands, the
 2169  use thereof in any manner, or the sale of such lands save the 25
 2170  percent of the proceeds thereof to be paid into the State School
 2171  Fund as provided by law. The division may use and apply such
 2172  funds for the acquisition, use, custody, management,
 2173  development, or improvement of any lands vested in or subject to
 2174  the control of the such division. After full payment has been
 2175  made for the purchase of a state forest, to the Federal
 2176  Government or other grantor, then 15 percent of the gross
 2177  receipts from a state forest shall be paid to the fiscally
 2178  constrained county or counties, as described in s. 218.67(1), in
 2179  which it is located in proportion to the acreage located in each
 2180  county for use by the county or counties for school purposes.
 2181         Section 45. Section 589.081, Florida Statutes, is amended
 2182  to read:
 2183         589.081 Withlacoochee State Forest and Goethe State Forest;
 2184  payment to counties of portion of gross receipts.—The Division
 2185  of Forestry shall pay 15 percent of the gross receipts from
 2186  Withlacoochee State Forest and the Goethe State Forest to each
 2187  fiscally constrained county, as described in s. 218.67(1), in
 2188  which a portion of the respective forest is located in
 2189  proportion to the forest acreage located in such each county.
 2190  The funds must be equally divided between the board of county
 2191  commissioners and the school board of each fiscally constrained
 2192  county.
 2193         Section 46. This act shall take effect July 1, 2009, except
 2194  that sections 1 through 30 of this act shall take effect October
 2195  1, 2009.

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