Florida Surveying and Mapping Society) "Rules Draft" Has Been Presented to the Board for 5J-17 (8/13/2014)
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Environmental Protection and Growth Management Department GIS 115 S. Andrews Ave. #329-K, Fort Lauderdale FL 33301 954-357-6634 • Fax 954-765-4804 FSMS (Florida Surveying and Mapping Society) "Rules Draft" has been presented to the Board for 5J-17 (8/13/2014) Broward County would like the modifications made to the following: 61‐16.005: o https://www.flrules.org/Gateway/reference.asp?No=Ref‐01340%20) o https://www.flrules.org/gateway/ChapterHome.asp?Chapter=61G1‐16) and 61G15‐23.003: o https://www.flrules.org/gateway/ruleNo.asp?id=61G15‐23.003 o https://www.flrules.org/Gateway/View_notice.asp?id=13868495 Reflected in FSMS 5J‐17. Currently, while the rule, originally modified on 01/11/2010, allows for electronic and digital sign, seal and copies. 5J-17.061 Seal and Signature. (1) All maps, except those with electronic signature and electronic seal, must contain a statement indicating that the map is not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. (2) A licensee who allows another person to sign a map prepared or issued by or under the supervision of the licensee is guilty of misconduct. (3) A licensee who signs another licensee’s name on a map is guilty of misconduct. (4) For the purpose of this rule, the word “map” shall also mean drawing, sketch or plat. Rulemaking Authority 472.025 FS. Law Implemented 472.025 FS. History–New 1-3-80, Amended 9-13-83, Formerly 21HH-7.02, 21HH-7.002, Amended 5-30-95, 5-13-96, 11-3-97, Formerly 61G17-7.002. Still requires that surveyors and mappers follow 5J‐17.062 IV (2) Seal I may be used only by registrants who are registrants in good standing under both Chapters 471 and 472, F.S., as of June 30, 1995. (3) Seal II may be used only by registrants who are licensed as of June 30, 1995. (4) Seal III shall be used only by registrants who are initially licensed on or after July 1, 1995, and before October 1, 2002. Broward County Board of County Commissioners Sue Gunzburger • Dale V.C. Holness • Kristin Jacobs • Martin David Kiar • Chip LaMarca • Stacy Ritter • Tim Ryan • Barbara Sharief • Lois Wexler www.broward.org (5) Registrants who are initially licensed on or after June 30, 2002 shall use only Seal IV. (6) All registrants may use Seal IV. (7) Surveyors and mappers who wish to sign and seal electronically transmitted plats, reports, or other documents shall follow the procedures set forth in Rule 5J-17.062, F.A.C. Rulemaking Authority 472.008, 472.025 FS. Law Implemented 472.025 FS. History–New 1-3-80, Amended 6-9-80, Formerly 21HH-7.01, 21HH-7.001, Amended 5-30-95, 10-25-95, 12-13-99, 11-18-01, 10-23-02, Formerly 61G17- 7.001. http://florida.eregulations.us/rule/5j‐17.062 Rule 5J‐17.062, F.A.C. states the following: (1) Information stored in electronic files representing plans, specifications, plats, reports, or other documents which must be sealed under the provisions of Chapter 472, F.S., shall be signed, dated and sealed by the professional surveyor and mapper in responsible charge. (2) A license holder may use a computer generated representation of his or her seal on electronically conveyed work; however, the final hard copy documents of such surveying or mapping work must contain an original signature and raised seal of the license holder and date or the documents must be accompanied by an electronic signature as described in this section. A scanned image of an original signature shall not be used in lieu of an original signature and raised seal or electronic signature. Surveying or mapping work that contains a computer generated seal shall be accompanied by the following text or similar wording: “The seal appearing on this document was authorized by [Example: Leslie H. Doe, P.E. 0112 on (date)]” unless accompanied by an electronic signature as described in this section. (3) An electronic signature is a digital authentication process attached to or logically associated with an electronic document and shall carry the same weight, authority, and effect as an original signature and raised seal. The electronic signature, which can be generated by using either public key infrastructure or signature dynamics technology, must be as follows: The rule can be interpreted ambiguously, though it clearly identifies an electronic signature or seal as an acceptable alternative. Broward’s recommendation is that it is made clearer as part of the new draft. President Elect President Immediate Past President BILL ROWE RUSSELL HYATT KEN GLASS 6500 ALL AMERICAN BOULEVARD 11007 EIGHTH AVENUE EAST 2525 DRANE FIELD ROAD, SUITE 7 ORLANDO, FL 32810 BRADENTON, FL 34212 LAKELAND, FL 33811 Tel: 407.292.8580 Tel: 941.748.4693 Tel: 863.646.4771 F Vice President Secretary Treasurer DALE BRADSHAW DIANNE COLLINS BON DEWITT 280 BUSINESS PARK CIRCLE, SUITE 410 120 EAST PINE STREET, SUITE 3 PO BOX 110565 SAINT AUGUSTINE, FL 32095 LAKELAND, FL 33801 GAINESVILLE, FL 32611 Tel: 904.829.2591 Tel: 863.937.9052 Tel: 352.392.6010 Florida Surveying and Mapping Society July 18, 2014 Mr. John S. Roberts Executive Director Florida Board of Professional Surveyors and Mappers Division of Consumer Services Florida Department of Agriculture and Consumer Services The Rhodes Building 2005 Apalachee Parkway Tallahassee, Florida 32399‐6500 Revisions to Chapter 472, Florida Statutes Dear Mr. Roberts: On behalf of the Florida Surveying and Mapping Society, I am submitting a draft of rules to be considered at the rules workshop on Wednesday, August 13, 2014. Regards, Ray Niles, PSM FSMS/BPSM Liaison An Affiliate of the National Society of Professional Surveyors 1689-A MAHAN CENTER BOULEVARD • TALLAHASSEE, FLORIDA 32308-5454 850.942.1900 • 800.237.4384 • Fax: 850.877.4852 fsms.org 5J‐17.0?? STANDARDS OF PRACTICE FOR THE PROFESSION OF SURVEYING AND MAPPING: The practice of professional surveying and mapping is a public trust, earned through education, preparation, experience, examination and a commitment to serve the best interests of the public and the profession. The professional carries out that trust in accordance with principles developed through years often decades and even centuries of the best professional traditions, and in accordance with State laws, rules, and regulations. Professional practitioners shall always be conscious of the very special obligations of public service and of ethical conduct that the privilege of licensure creates. (1) A licensee shall only express professional opinions that have a basis in fact and based on accepted surveying and mapping principles and shall not misrepresent data and/or its relative significance in any surveying and mapping document. (2)A licensee may only seal a surveying report or map if they were in responsible charge of the preparation and production of the document and has documentable expertise in the discipline used in producing the work product or service. (3)A licensee shall not knowingly permit the publication or use of their data, reports, maps, or other professional documents for unlawful purposes. (4)A licensee shall not violate any provisions of state or federal statutes requiring quality‐based selection; shall not aid or abet any other licensee in violating such statutes; shall not knowingly participate in a quality based selection process that is not in compliance with federal or state statutes; and shall not respond to or solicit requests that are in violation of state or federal statutes. (5) A licensee shall not falsely or maliciously injure or attempt to injure the reputation or business of others. (6) The licensee shall not make, publish or cause to be made or published, any representation or statement concerning their professional qualifications or those of partners, associates, firm or organization which is in any way misleading, or tends to mislead the recipient thereof, or the public, concerning education, experience, specializations or other surveying and mapping qualifications. (7) A licensee whether an individual or business entity holding a certificate(s) of authorization, shall not engage in any professional conflict of interest and shall exercise independent judgments, decisions and practices on behalf of clients and employers. When a conflict of interest is unavoidable the licensee shall immediately disclose the conflict, or circumstances which might tend to influence the licensee’s professional judgments, decisions or practices. (8) When a licensee and a client establish a contractual privilege of confidentiality, then the licensee shall safeguard and preserve the confidences and private information of the client and shall exercise reasonable care to prevent unauthorized disclosure or use by their employees and associates of private information or confidences. Except: 1. When licensee has obtained the consent of the client or clients, employer or employers, current or former, affected, but only after full disclosure to them; 2. When required by law or court order; 3. When necessary to establish legal proof of licensee’s relationship with a client or employer, current or former, in a court action to recover salaries, fees or other compensation due licensee as a result of licensee’s employment or association with the client or employer, current or former; 4. When necessary to defend themselves or their employees or associates in a legal action alleging wrongful conduct; 5. When there is potential danger to the public’s safety and well being; 6. Disclosures made when providing evidence to the Board regarding other licensees or unlicensed individuals who may have violated laws or rules relating to the practice of surveying and mapping; 7. Disclosures made regarding illegal conduct. (9) Additions or deletions to survey maps, digital files or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties.