Fla. Admin. Code Ann. R. 5J-17.010 - Grounds for Discipline
(1) Persons who
wish to file a complaint alleging grounds for discipline may file the complaint
by obtaining "Board of Professional Surveyors and Mappers Complaint Form, "
FDACS-10065, Rev. 02/17, hereby incorporated by reference. The form may be
obtained by mail by writing to: Executive Director of the Florida Board of
Professional Surveyors and Mappers, 2005 Apalachee Parkway, Tallahassee, FL
32399-6500 or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-08759.
(2) Discipline follows an adjudication of
guilt by the Board. In addition to violations of provisions set forth elsewhere
in these rules, the following are grounds for discipline of any
licensee.
(3) Licensees shall be
disciplined for false, fraudulent, deceptive or misleading advertising.
(a) Advertising is false, fraudulent,
deceptive or misleading if it: contains a material misrepresentation of fact;
omits the statement of any material fact that is necessary to form a complete
and accurate understanding of the advertisement; or is intended or is likely to
create an unjustified expectation.
(b) Examples of false, fraudulent, deceptive
or misleading advertisements include: a statement that a licensee is a
certified specialist in any area outside the licensee's field of expertise; a
statement that the licensee's education or experience in surveying and mapping
is greater than it actually is; a statement that the licensee's involvement
with a surveying and mapping project will be greater than it actually will
be.
(4) Licensees shall
be disciplined for surveying and mapping which is negligently or incompetently
performed. Surveying and mapping is negligently performed if the licensee's
violation of professional Standards of Practice causes harm to the licensee's
client or to the public. A final civil judgment against a licensee for
negligence in the practice of surveying and mapping constitutes probable cause
for the issuance of an administrative complaint against the licensee for a
violation of this rule, except that nothing in this rule shall be construed to
require such a final civil judgment for the purpose of finding probable
cause.
(5) Licensees shall be
disciplined for failing to abide by the Standards of Practice set out in Rule
5J-17.051 through
5J-17.053, F.A.C.
(6) Licensees shall be disciplined for
violating Chapters 177 and 472, F.S., or rules promulgated pursuant to any of
those chapters by either the Department of Agriculture and Consumer Services or
the Board.
(7) Licensees shall be
disciplined for failing to pay any final judgment entered against the licensee
in any civil proceeding against the licensee involving the licensee's practice
of surveying and mapping;
(8)
Licensees shall be disciplined for misconduct in the practice of surveying and
mapping, including violations of paragraphs (a) through (c) hereof. Violations
of Rule 5J-17.053, F.A.C., also
constitute misconduct.
(a) Licensees may not
perform a surveying and mapping assignment unless they are qualified by
education or experience to perform the type of surveying and mapping which is
the subject of the assignment.
(b)
Licensees shall report to the Department of Agriculture and Consumer Services
any person or business entity which the licensee knows is violating Chapters
177, 472, F.S., or any of the rules promulgated pursuant to those chapters by
the Department of Agriculture and Consumer Services or the Board.
(c) Licensees may not practice surveying and
mapping unless they maintain financial responsibility for the surveying and
mapping projects they perform.
Notes
Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.025, 472.027, 472.033, 472.0351(1)(f), (g), (h), (2) FS.
New 1-3-80, Formerly 21HH-2.01, Amended 9-1-88, Formerly 21HH-2.001, Amended 6-1-95, 10-13-97, 9-19-06, Formerly 61G17-2.001, Amended 5-11-15, 11-13-17.
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