Bill Text: FL S1868 | 2018 | Regular Session | Introduced
Bill Title: Professional Geology
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Regulated Industries [S1868 Detail]
Download: Florida-2018-S1868-Introduced.html
Florida Senate - 2018 SB 1868
By Senator Broxson
1-01586A-18 20181868__
1 A bill to be entitled
2 An act relating to professional geology; amending s.
3 492.102, F.S.; revising and providing definitions;
4 amending s. 492.103, F.S.; revising membership of the
5 Board of Professional Geologists; amending s. 492.104,
6 F.S.; revising rulemaking authority of the board;
7 deleting an examination fee limitation and a provision
8 specifying apportionment of such fee; deleting a
9 provision providing that the examination fee is
10 refundable under certain circumstances; amending s.
11 492.105, F.S.; deleting a provision providing that the
12 examination fee is refundable under certain
13 circumstances; amending s. 492.1051, F.S.; revising
14 geologist-in-training registration requirements;
15 amending s. 492.107, F.S.; revising the types of
16 documents that require the signature, date, and seal
17 of a professional geologist; providing that all
18 preliminary documents must include certain text in
19 lieu of a seal; amending s. 492.108, F.S.; revising
20 applicant requirements for licensure by endorsement;
21 amending s. 492.109, F.S.; providing requirements for
22 licensure renewal; amending s. 492.111, F.S.;
23 conforming provisions to changes made by the act;
24 amending s. 492.112, F.S.; providing construction;
25 amending s. 492.116, F.S.; specifying that persons
26 engaged in geological research or employed as
27 geologists maintain their exemptions from licensure if
28 they do not submit certain documents for public
29 record; exempting certain persons practicing geology
30 from licensure requirements under certain
31 circumstances; providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Section 492.102, Florida Statutes, is amended to
36 read:
37 492.102 Definitions.—For the purposes of this chapter,
38 unless the context clearly requires otherwise:
39 (1) “Board” means the Board of Professional Geologists.
40 (2) “Department” means the Department of Business and
41 Professional Regulation.
42 (4) “Geologist-in-training” means an individual who has the
43 required academic qualifications established by the board,
44 passed an examination approved by the board by demonstrating a
45 knowledge of the fundamentals of geology, and is enrolled as a
46 geologist-in-training by the board.
47 (5)(3) “Geology” means the science that which includes the
48 study treatment of the earth and its origin and history. The
49 term includes, in general; the investigation, research, and
50 interpretation of the earth’s constituent rocks, minerals,
51 hydrocarbons, crust and interior and the solids, and fluids,
52 including all surface and underground waters, and gases, and
53 other materials, and which compose the earth; the study of the
54 natural agents, forces, and processes which cause changes in
55 both the subsurface and surface of the earth, including any
56 anthropogenic features or activities that may affect, or be
57 affected by, these agents, forces, physical and chemical
58 characteristics; and the utilization of this knowledge of the
59 earth and its solids, fluids, and gases, and their collective
60 properties and processes, for the benefit of humankind.
61 (3)(4) “Geologist” means an individual who, by reason of
62 her or his knowledge of geology, soils, mathematics, and the
63 physical and life sciences, acquired by education and practical
64 experience, is capable of practicing the science of geology.
65 (8)(5) “Qualified geologist” means an individual who
66 possesses all the qualifications for licensure under the
67 provisions of this chapter, except that such person is not
68 licensed.
69 (7)(6) “Professional geologist” means an individual who
70 holds a valid license issued by the board; holds a bachelor’s
71 degree or higher in geology or one of its specialties from an
72 accredited postsecondary institution or from a program
73 accredited by an organization recognized by the board as meeting
74 the standards of the board; has passed the competency
75 examinations; and has practical experience as specified in this
76 chapter who is licensed as a geologist under the provisions of
77 this chapter.
78 (6)(7) “Practice of professional geology” means any work
79 activity or service, including the supervision and performance
80 thereof, requiring formal geologic education, training,
81 experience, and understanding, and the application of
82 mathematical, physical, chemical, biological, earth, and
83 geological sciences as may be related to those services. These
84 services include, but are not limited to:
85 (a) Consultation, investigation, evaluation,
86 interpretation, remediation, planning, geologic mapping, expert
87 technical testimony, protecting ground and surface waters, and
88 evaluating groundwater resources.
89 (b) Prevention and remediation of contamination of the
90 earth, earth materials, and water caused by improper disposal or
91 accidental spills.
92 (c) Determination of the suitability and risks in
93 containment and disposal of wastes and hazardous materials,
94 including, but not limited to, landfills, storage tanks, and
95 injection wells.
96 (d) The evaluation of mining and petroleum properties.
97 (e) The professional supervision of exploration for and
98 development of mineral and natural resources, including metallic
99 and nonmetallic minerals, petroleum, and groundwater and surface
100 water resources.
101 (f) The geologic phases of any engineering investigation or
102 survey.
103 (g) Determination of the depth of wells to be drilled,
104 depth-of-casing and grouting requirements for the construction
105 of monitoring wells, siting of boreholes, or other borings into
106 the earth which may affect one or more aquifers.
107 (h) The geologic suitability for construction projects,
108 including excavations and building foundations, dams, highways,
109 and other structures which may be affected by floods,
110 landslides, earthquakes, sinkholes, erosion, expansive
111 contractive earth and earth materials, or other geoscientific
112 phenomena or processes.
113 (i) Any geologic or geoscientific surveying and mapping,
114 including making measurements and gathering data related to the
115 physical features of the earth, such as subsurface data and the
116 formulation and depiction of such information into geologic or
117 geoscientific graphics, data, maps, plans, reports, and
118 descriptions, including preparing, creating, or modifying
119 computerized electronic products using geographic information
120 systems or global positioning systems and information derived
121 therefrom, or other information and data related to the
122 activities in this subsection.
123 (j) Any geotechnical work activities, including the
124 practice of various aspects of related professions incidental to
125 the practice of geology.
126 (k) The inspection or responsible supervision of any
127 geotechnical work activities, including any other geologic or
128 related work that includes or embraces any services, activities,
129 or work, public or private, which may be adversely or otherwise
130 affected or influenced by geological processes, including, but
131 not limited to, utilities, construction projects, communication
132 or transportation systems, or any other anthropogenic features
133 or impacts, insofar as it involves protecting and safeguarding
134 the public’s health, safety, and welfare and the environment,
135 and including such other professional services as may be
136 necessary in the planning, progression, and completion of any
137 such geologic services.
138 (l) All other geologic services, including, but not limited
139 to, the commonly recognized geologic practices of archeogeology,
140 coastal geology, construction geology, economic geology,
141 engineering geology, environmental geology, forensic geology,
142 geochronology, geomorphology, historical geology, hydrogeology,
143 geochemistry, geophysics, marine geology, medical geology,
144 mineralogy, mining geology, paleomagnetism, vertebrate and
145 invertebrate paleontology, paleoclimatology, petroleum geology,
146 petrography, petrology, physical geology, physiography,
147 planetary geology, sedimentology, stratigraphic geology,
148 structural geology, urban geology, vulcanology, and the use of
149 the rock, mineral, fossil fuel, and water resources, while
150 protecting the public and the environment.
151 (m) The preparation of geologic reports, documents, or
152 exhibits by the employees or staff of any commission, board,
153 department, district, or division of the state or any political
154 subdivision thereof, when the reports, documents, or exhibits
155 are disseminated or made available to or impact the public.
156 However, geologic reports, documents, or exhibits that are
157 prepared for use solely within such organizations are considered
158 in-house reports, documents, or exhibits and are not considered
159 the practice of professional geology unless the reports are
160 disseminated, made available to the public, or impact the
161 public.
162 (n) The preparation of geologic reports, documents, or
163 exhibits by any person, firm, partnership, corporation, or other
164 association or by the employees or staff members thereof,
165 whether or not the principal business of the organization is the
166 practice of professional geology, in which the geologic reports,
167 documents, or exhibits are disseminated or made available to the
168 public or any person or organization in such a manner that such
169 individuals may reasonably be expected to rely on or be affected
170 by the geologic reports, documents, or exhibits. However, any
171 geologic reports, documents, or exhibits that are prepared for
172 use solely within such organizations are considered in-house
173 reports, documents, or exhibits and are not considered the
174 practice of professional geology unless the reports are
175 disseminated, made available to the public, or impact the
176 public. the performance of, or offer to perform, geological
177 services, including, but not limited to, consultation,
178 investigation, evaluation, planning, and geologic mapping, but
179 not including mapping as prescribed in chapter 472, relating to
180 geological work, except as specifically exempted by this
181 chapter. Any person who practices any specialty branch of the
182 profession of geology, or who by verbal claim, sign,
183 advertisement, letterhead, card, or any other means represents
184 herself or himself to be a professional geologist, or who
185 through the use of some title implies that she or he is a
186 professional geologist or that she or he is licensed under this
187 chapter, or who holds herself or himself out as able to perform
188 or does perform any geological services or work recognized as
189 professional geology, shall be construed to be engaged in the
190 practice of professional geology.
191 Section 2. Section 492.103, Florida Statutes, is amended to
192 read:
193 492.103 Board of Professional Geologists.—
194 (1) There is created in the department of Business and
195 Professional Regulation the Board of Professional Geologists.
196 The board shall consist of seven members, five of whom shall be
197 professional geologists, and two of whom shall be laypersons who
198 are not and have never been geologists or members of any closely
199 related profession or occupation. The State Geologist, as
200 provided for in s. 377.075(3), chief of the Bureau of Geology in
201 the Department of Environmental Protection, or his or her
202 designee, shall serve as an ex officio member of the board.
203 Members shall be appointed for 4-year terms.
204 (2) All provisions of chapter 455 relating to activities of
205 the board shall apply.
206 Section 3. Section 492.104, Florida Statutes, is amended to
207 read:
208 492.104 Rulemaking authority; fees.—The Board of
209 Professional Geologists has authority to adopt rules pursuant to
210 ss. 120.536(1) and 120.54 to implement this chapter. Every
211 licensee shall be governed and controlled by this chapter and
212 the rules adopted by the board. The board is authorized to set,
213 by rule, fees for application, examination, certificate of
214 authorization, late renewal, initial licensure, and license
215 renewal, and continuing education requirements consistent with
216 this section. These fees should cover all board expenses to
217 administer this section but may not exceed the cost of
218 implementing the application, examination, initial licensure,
219 and license renewal or other administrative process. The fees
220 and shall be established as follows:
221 (1) The application fee may shall not exceed $150 and is
222 shall be nonrefundable.
223 (2) The examination fee must shall be paid by the applicant
224 not exceed $250, and the fee may be apportioned to each part of
225 a multipart examination. The examination fee shall be refundable
226 in whole or part if the applicant is found to be ineligible to
227 take any portion of the licensure examination.
228 (3) The initial license fee may not shall not exceed $100.
229 (4) The biennial renewal fee may not shall not exceed $150.
230 (5) The fee for a certificate of authorization may not
231 shall not exceed $350 and the fee for renewal of the certificate
232 may not shall not exceed $350.
233 (6) The fee for reactivation of an inactive license may not
234 shall not exceed $50.
235 (7) The fee for a provisional license may not shall not
236 exceed $400.
237 (8) The fee for application, examination, and licensure for
238 a license by endorsement must shall be as provided in this
239 section for licenses in general.
240 Section 4. Paragraph (a) of subsection (1) of section
241 492.105, Florida Statutes, is amended to read:
242 492.105 Licensure by examination; requirements; fees.—
243 (1) Any person desiring to be licensed as a professional
244 geologist shall apply to the department to take the licensure
245 examination. The written licensure examination shall be designed
246 to test an applicant’s qualifications to practice professional
247 geology, and shall include such subjects as will tend to
248 ascertain the applicant’s knowledge of the fundamentals, theory,
249 and practice of professional geology and may include such
250 subjects as are taught in curricula of accredited colleges and
251 universities. The written licensure examination may be a
252 multipart examination. The department shall examine each
253 applicant who the board certifies:
254 (a) Has completed the application form and remitted a
255 nonrefundable application fee and an examination fee which is
256 refundable if the applicant is found to be ineligible to take
257 the examination.
258 Section 5. Section 492.1051, Florida Statutes, is amended
259 to read:
260 492.1051 Registered geologist-in-training; requirements.—
261 (1) A person desiring to register as a geologist-in
262 training must shall apply to the department to take the
263 fundamentals a discrete portion of the examination required for
264 registration as a geologist-in-training licensure as a
265 professional geologist in this state. This discrete portion
266 shall cover the fundamentals of geology. The department shall
267 examine each applicant who the board certifies:
268 (a) Has completed the application form and remitted a
269 nonrefundable application fee and an examination fee that is
270 refundable if the applicant is found to be ineligible to take
271 the examination.
272 (b) Has not committed an act or offense in any jurisdiction
273 which constitutes grounds for disciplining a professional
274 geologist licensed under this chapter; and
275 (c) Has successfully completed at least 30 semester hours
276 or 45 quarter hours of geological coursework at a college or
277 university, the geological curricula of which meet the criteria
278 established by an accrediting agency recognized by the United
279 States Department of Education and, if still enrolled, has
280 provided a letter of good academic standing from the college or
281 university.
282 (2) The department shall register as a geologist-in
283 training each applicant who the board certifies has passed the
284 fundamentals of geology portion of the licensure examination.
285 (3) A registered geologist-in-training desiring to be
286 licensed as a professional geologist must shall apply to the
287 department to take the licensure examination as prescribed in s.
288 492.105(1), but is not required to retake the fundamentals of
289 geology portion of the licensure examination. A registered
290 geologist-in-training may only apply after he or she meets the
291 requirements for work experience under s. 492.105(1)(e).
292 Section 6. Subsection (1) of section 492.107, Florida
293 Statutes, is amended, and subsection (3) is added to that
294 section, to read:
295 492.107 Seals.—
296 (1) The board shall prescribe, by rule, a form of seal,
297 including its electronic form, to be used by persons holding
298 valid licenses. All final versions of geological papers,
299 reports, and documents, or geologic portions of a final paper,
300 report, or document, prepared or issued by the licensee must
301 shall be signed, dated, and sealed by the licensee who performed
302 or is responsible for the supervision, direction, or control of
303 the work contained in the papers, reports, or documents before
304 such work is released from the control of the licensee.
305 Specifically, the licensee shall sign, seal, and date the
306 original title sheet of bound geologic reports, specifications,
307 details, calculations, estimates, drawings, diagrams, or maps
308 and each original sheet of plans or drawings regardless of size
309 or binding if the plans or drawings are intended to be removed
310 from the report. Such signature, date, and seal are shall be
311 evidence of the authenticity of that to which they are affixed.
312 Geological papers, reports, and documents prepared or issued by
313 the licensee may be transmitted electronically provided they
314 have been signed by the licensee, dated, and electronically
315 sealed. It is unlawful for any person to sign or seal any
316 document as a professional geologist unless such that person
317 holds a current, active license as a professional geologist
318 which has not expired or been revoked or suspended, unless
319 reinstated or reissued.
320 (3) In lieu of a seal, all preliminary documents that have
321 been released from the control of the licensee must specify its
322 purpose, the name of the licensed professional geologist of
323 record and such geologist’s license number, and the release date
324 by the professional geologist placing the following text on such
325 documents:
326
327 “This document is released for the purpose of ...(list
328 purpose)... under the authority of ...(name of licensed
329 professional geologist)... with license number ...(license
330 number)... on ...(date).... It may not be used for any other
331 purposes.”
332 Section 7. Paragraph (d) of subsection (1) of section
333 492.108, Florida Statutes, is amended to read:
334 492.108 Licensure by endorsement; requirements; fees.—
335 (1) The department shall issue a license by endorsement to
336 any applicant who, upon applying to the department and remitting
337 an application fee, has been certified by the board that he or
338 she:
339 (d) Has taken and successfully passed the laws and rules
340 portion of the examination required for licensure as a
341 professional geologist in this state.
342 Section 8. Section 492.109, Florida Statutes, is amended to
343 read:
344 492.109 Renewal of license; fees.—
345 (1) The department shall renew a license upon receipt of
346 the renewal application and fee.
347 (2) The department shall adopt rules establishing a
348 procedure for the biennial renewal of licenses.
349 (3) The licensee must have on file with the department the
350 address of her or his primary place of practice within this
351 state prior to engaging in that practice. Prior to changing the
352 address of her or his primary place of practice, whether or not
353 within this state, the licensee must notify the department of
354 the address of the new primary place of practice.
355 (4) The licensee must provide the department a statement
356 certifying that the licensee completed the hours of approved
357 continuing education required during the last biennium.
358 (5) The board must approve all continuing education
359 requirements and providers before implementation of such
360 requirements or selection of such providers is effective.
361 Section 9. Subsection (3) of section 492.111, Florida
362 Statutes, is amended to read:
363 492.111 Practice of professional geology by a firm,
364 corporation, or partnership; certificate of authorization.—The
365 practice of, or offer to practice, professional geology by
366 individual professional geologists licensed under the provisions
367 of this chapter through a firm, corporation, or partnership
368 offering geological services to the public through individually
369 licensed professional geologists as agents, employees, officers,
370 or partners thereof is permitted subject to the provisions of
371 this chapter, provided that:
372 (3) All final geological papers or documents involving the
373 practice of professional the profession of geology which have
374 been prepared or approved for the use of such firm, corporation,
375 or partnership, for delivery to any person for public record
376 with the state, shall be dated and bear the signature and seal
377 of the professional geologist or professional geologists who
378 prepared or approved them.
379 Section 10. Paragraph (a) of subsection (1) of section
380 492.112, Florida Statutes, is amended to read:
381 492.112 Prohibitions; penalties.—
382 (1) A person may not knowingly:
383 (a) Practice professional geology unless the person is
384 licensed under this chapter. Any individual who by sign, card,
385 letterhead, advertisement, website, verbal claim, or in any
386 other way holds himself or herself out to be a licensed
387 professional geologist, or that he or she is registered or
388 otherwise licensed under this chapter, is construed to be
389 engaged in the practice of professional geology.
390 Section 11. Section 492.116, Florida Statutes, is amended
391 to read:
392 492.116 Exemptions.—The following persons are specifically
393 exempted from this chapter, provided, however, that all final
394 geological papers or documents which have been prepared by a
395 person exempt under subsection (1), subsection (2), subsection
396 (3), or subsection (4) for delivery to any person for public
397 record with the state shall be dated and bear the signature and
398 seal of the professional geologist or professional geologists
399 who prepared or approved them:
400 (1) Persons engaged solely in teaching the science of
401 geology.
402 (2) Persons engaged in geological research that which does
403 not affect the health, safety, or well-being of the public and
404 who do not submit documents for public record.
405 (3) Officers and employees of the United States Government,
406 the State of Florida, water management districts, or other local
407 or regional governmental entities practicing under the
408 responsible charge of a professional geologist as defined in s.
409 492.102 solely as such officers or employees.
410 (4) Regular full-time employees of a corporation not
411 engaged in the practice of professional geology as such, who are
412 directly supervised by a person licensed as a professional
413 geologist under this chapter.
414 (5) A person employed on a full-time basis as a geologist
415 by an employer engaged in the business of developing, mining, or
416 treating ores, other minerals, and petroleum resources if that
417 person engages in geological practice exclusively for and as an
418 employee of such employer and does not hold herself or himself
419 out and is not held out as available to perform any geological
420 services for persons other than her or his employer and who does
421 not submit documents for public record.
422 (6) A person, during the course of providing geologic
423 guidance or work activities, practicing, offering to practice,
424 or attempting to practice geology may coordinate and review the
425 submissions prepared by others, without limitation, provided
426 that such submissions are within, or are incidental to, the
427 practice of professional geology and the person is familiar with
428 the details and progress of these activities.
429 Section 12. This act shall take effect July 1, 2018.
