AB804: Bill Text

AB804, s. 29 Section 29. 443.01 (6s) (f) to (h) of the statutes are created to read:

AB804,12,25 443.01 (6s) (f) Applying knowledge or experience about land surveying to assist in the development, use, or management of geographic or land information systems that collect, organize, or disseminate data regarding land ownership or land resources.

AB804,13,2 (g) Performing cartographic, construction, or geodetic surveying in connection with any of the practices specified in pars. (a) to (e).

AB804,13,4 (h) Providing consultation services related to any of the practices specified in this subsection.

AB804, s. 30 Section 30. 443.01 (7m) of the statutes is created to read:

AB804,13,9 443.01 (7m) "Professional land surveyor" means a person who, by reason of his or her knowledge of law, mathematics, physical sciences, and measurement techniques, acquired by education and practical experience, is granted a license or permit to engage in the practice of professional land surveying under this chapter.

AB804, s. 31 Section 31. 443.02 (4) of the statutes is amended to read:

AB804,13,15 443.02 (4) No person may engage or offer to engage in the practice of professional land surveying in this state or use or advertise any title or description tending to convey the impression that the person is a professional land surveyor unless the person has been issued a certificate of registration or granted a license or permit to practice under this chapter.

AB804, s. 32 Section 32. 443.06 (title) of the statutes is amended to read:

AB804,13,18 443.06 (title) Registration Licensure requirements for professional land surveyors.

AB804, s. 33 Section 33. 443.06 (1) (title) of the statutes is amended to read:

AB804,13,20 443.06 (1) (title) Registration Licensure, application, qualifying experience.

AB804, s. 34 Section 34. 443.06 (1) (a) of the statutes is amended to read:

AB804,14,5 443.06 (1) (a) Application for registration licensure as a professional land surveyor or a permit to practice shall be made to the section under oath, on forms provided by the department, which shall require the applicant to submit such information as the section deems necessary. The section may require applicants to pass written or oral examinations or both. Applicants who do not have an arrest or conviction record, subject to ss. 111.321, 111.322, and 111.335, shall be entitled to be registered or issued a granted a license or permit to practice as professional land surveyors when satisfactory evidence is submitted that the applicant has met one or more of the requirements of sub. (2).

AB804, s. 35 Section 35. 443.06 (1) (b) of the statutes is amended to read:

AB804,14,13 443.06 (1) (b) Each year, but not more than 4 years, of work or training completed in a curriculum in land surveying approved by the professional land surveyor section, or responsible charge of land surveying teaching may be considered as equivalent to one year of qualifying experience in land surveying work, and each year, but not more than 4 years, completed in a curriculum other than land surveying approved by the land surveyor section, may be considered as equivalent to one-half year of qualifying experience.

AB804, s. 36 Section 36. 443.06 (2) (intro.) of the statutes is amended to read:

AB804,14,18 443.06 (2) Requirements; certificate of registration license. (intro.) The section may grant a certificate of registration as a professional land surveyor license to any person who has submitted to it an application, the required fees, and one or more of the following:

AB804, s. 37 Section 37. 443.06 (2) (a) of the statutes is amended to read:

AB804,15,2 443.06 (2) (a) A record of completion of a course in land surveying of not less than 2 years' duration approved by the professional land surveyor section together with 2 years of practice in land surveying work of satisfactory character which indicates that the applicant is competent to be placed in responsible charge of such work, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section before July 1, 2000.

AB804, s. 38 Section 38. 443.06 (2) (am) of the statutes is amended to read:

AB804,15,13 443.06 (2) (am) Evidence satisfactory to the professional land surveyor section that he or she has received a bachelor's degree in a course in land surveying or a related field that has a duration of not less than 4 years and is approved by the land surveyor section, and that he or she has engaged in at least 2 years of land surveying practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section after June 30, 2000.

AB804, s. 39 Section 39. 443.06 (2) (b) of the statutes is amended to read:

AB804,15,21 443.06 (2) (b) A record of 6 years of practice in land surveying of satisfactory character, which indicates that the applicant is competent to be placed in responsible charge of such work, if the applicant has passed an oral and written or written examination administered by the professional land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section before July 1, 2000.

AB804, s. 40 Section 40. 443.06 (2) (bm) of the statutes is amended to read:

AB804,16,7 443.06 (2) (bm) Evidence satisfactory to the professional land surveyor section that he or she has received an associate degree in a course in land surveying or a related field that has a duration of not less than 2 years and is approved by the land surveyor section, and that he or she has engaged in at least 4 years of land surveying practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section after June 30, 2000.

AB804, s. 41 Section 41. 443.06 (2) (c) of the statutes is repealed.

AB804, s. 42 Section 42. 443.06 (2) (cm) of the statutes is amended to read:

AB804,16,17 443.06 (2) (cm) Evidence satisfactory to the professional land surveyor section that he or she has engaged in at least 10 years of land surveying practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section after June 30, 2000.

AB804, s. 43 Section 43. 443.06 (2) (d) of the statutes is amended to read:

AB804,16,24 443.06 (2) (d) An unexpired certificate of registration , certification, or license as a land surveyor or professional land surveyor issued to the applicant by the proper authority in any state or territory or possession of the United States or in any other country whose requirements meet or exceed the requirement for registration licensure in this subsection, if the applicant has passed an oral and written or written examination administered by the professional land surveyor section.

AB804, s. 44 Section 44. 443.06 (2) (e) of the statutes is amended to read:

AB804,17,8 443.06 (2) (e) A record of satisfactory completion of an apprenticeship training course in land surveying prescribed by the department of workforce development, of satisfactory character which indicates that the applicant is competent to be placed in responsible charge of such work, if the applicant has passed an oral and written or written examination administered by the professional land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section before July 1, 2000.

AB804, s. 45 Section 45. 443.06 (2) (em) of the statutes is amended to read:

AB804,17,20 443.06 (2) (em) Evidence satisfactory to the professional land surveyor section that he or she has completed an apprenticeship training course in land surveying prescribed by the department of workforce development, and has engaged in a period of additional land surveying practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying and that, when added to the period of the apprenticeship, totals at least 8 years of land surveying practice, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section after June 30, 2000.

AB804, s. 46 Section 46. 443.06 (3) of the statutes is amended to read:

AB804,18,3 443.06 (3) Permit to practice. The examining board may grant a permit to engage in the practice of professional land surveying during the time an application is pending to a person who is not registered licensed in this state, if the person has submitted an application for registration as a professional land surveyor license and paid the required fee and holds an unexpired certificate of registration, certification, or license which in the opinion of the examining board meets the requirements of sub. (2). The permit shall be revocable by the section at its pleasure.

AB804, s. 47 Section 47. 443.10 (title) of the statutes is amended to read:

AB804,18,5 443.10 (title) Applications, certificates, licenses, rules, and roster.

AB804, s. 48 Section 48. 443.10 (2) (b) of the statutes is amended to read:

AB804,18,9 443.10 (2) (b) The fees for examinations and licenses credentials, as defined in s. 440.01 (2) (a), granted or renewed under this chapter are specified in ss. 440.05 and 440.08.

AB804, s. 49 Section 49. 443.10 (5) of the statutes is amended to read:

AB804,18,14 443.10 (5) Fees; renewals. The professional land surveyor's surveyor section shall grant a certificate of registration as a professional land surveyor license to any applicant who has met the applicable requirements of this chapter. The renewal date and renewal fee for the certificate license are specified under s. 440.08 (2) (a).

AB804, s. 50 Section 50. 443.12 (title) of the statutes is amended to read:

AB804,18,17 443.12 (title) Disciplinary proceedings against professional land surveyors.

AB804, s. 51 Section 51. 443.12 (1) of the statutes is amended to read:

AB804,18,23 443.12 (1) The section may reprimand a licensed professional land surveyor, or limit, suspend, or revoke the certificate of registration of any professional land surveyor license, for the practice of any fraud or deceit in obtaining the certificate license, or any gross negligence, incompetence, or misconduct in the practice of professional land surveying.

AB804, s. 52 Section 52. 443.12 (3) of the statutes is amended to read:

AB804,19,5 443.12 (3) If after a hearing 3 members vote in favor of reprimand or limiting, suspending, or revoking the certificate of registration license of a professional land surveyor, the section shall notify the surveyor to that effect. The surveyor shall return the certificate license to the examining board immediately on receipt of notice of a revocation. The action of the section may be reviewed under ch. 227.

AB804, s. 53 Section 53. 443.135 of the statutes is created to read:

AB804,19,12 443.135 Cartographic, construction, and geodetic surveying. Nothing in this chapter shall be construed to prohibit a person who has not been granted a license or permit to practice professional land surveying under this chapter from performing cartographic, construction, or geodetic surveying, unless the performance of cartographic, construction, or geodetic surveying also involves a practice specified in s. 443.01 (6s) (a) to (e).

AB804, s. 54 Section 54. 443.14 (8) (a) of the statutes is renumbered 443.14 (8) and amended to read:

AB804,19,18 443.14 (8) An employee of a professional land surveyor registered licensed in this state or authorized to practice under a permit, while working doing surveying work under the supervision of the employer. Such exempt employee shall not be in responsible charge of the practice of professional land surveying.

AB804, s. 55 Section 55. 443.14 (8) (b) of the statutes is amended to read:

AB804,19,22 443.14 (8) (b) Officers and employees of the federal government while engaged in land surveying for the federal government. This paragraph does not apply after July 1, 2010.

AB804, s. 56 Section 56. 443.14 (8) (c) of the statutes is amended to read:

AB804,19,25 443.14 (8) (c) Employees of this state while engaged in land surveying for the state. This paragraph does not apply after July 1, 2010.

AB804, s. 57 Section 57. 443.14 (8) (d) of the statutes is amended to read:

AB804,20,4 443.14 (8) (d) Employees of public utilities regulated by the public service commission in land surveying for such utilities. This paragraph does not apply after July 1, 2010.

AB804, s. 58 Section 58. 443.14 (9) of the statutes is amended to read:

AB804,20,7 443.14 (9) A license or permit shall not be required for an owner to survey his or her own land for purposes other than for sale.

AB804, s. 59 Section 59. 443.14 (11) of the statutes is amended to read:

AB804,20,11 443.14 (11) Any professional land surveyor registered licensed under s. 443.06 who is engaged in the planning, design, installation, or regulation of land and water conservation activities under ch. 92 or s. 281.65.

AB804, s. 60 Section 60. 443.18 (2) (b) of the statutes is amended to read:

AB804,20,19 443.18 (2) (b) If it appears upon complaint or is known to the section that any person who is not authorized is practicing engaged or offering to engage in the practice of professional land surveying in this state, the section, the department of justice, or the district attorney of the proper county may, in addition to other remedies, bring an action in the name and on behalf of the state to enjoin the person from practicing engaging or offering to engage in the practice of professional land surveying.

AB804, s. 61 Section 61. 703.11 (2) (b) of the statutes is amended to read:

AB804,20,25 703.11 (2) (b) A survey of the property described in the declaration complying with minimum standards for property surveys adopted by the examining board of architects, landscape architects, professional engineers, designers , and professional land surveyors and showing the location of any unit or building located or to be located on the property.

AB804, s. 62 Section 62. 703.11 (4) of the statutes is amended to read:

AB804,21,7 703.11 (4) Surveyor's certificate. A condominium plat is sufficient for the purposes of this chapter if there is attached to or included in it a certificate of a licensed professional land surveyor authorized to practice that profession in this state that the plat is a correct representation of the condominium described, and the identification and location of each unit and the common elements can be determined from the plat.

AB804, s. 63 Section 63. 703.13 (6) (e) of the statutes is amended to read:

AB804,21,13 703.13 (6) (e) Plats and plans showing the altered boundaries and the dimensions thereof between adjoining units, and their identifying numbers or letters, shall be prepared. The plats and plans shall be certified as to their accuracy in compliance with this subsection by a civil engineer, architect, or licensed professional land surveyor authorized to practice his or her profession in the state.

AB804, s. 64 Section 64. 703.13 (7) (c) of the statutes is amended to read:

AB804,21,20 703.13 (7) (c) Plats and plans showing the boundaries and dimensions separating the new units together with their other boundaries and their new identifying numbers or letters shall be prepared. The plats and plans shall be certified as to their accuracy and compliance with this subsection by a civil engineer, architect, or licensed professional land surveyor authorized to practice his or her profession in the state.

AB804, s. 65 Section 65. 707.215 (5) (intro.) of the statutes is amended to read:

AB804,21,25 707.215 (5) Surveyor's certificate. (intro.) A plat is sufficient for the purposes of this chapter if attached to or included in the plat is a certificate of a professional land surveyor licensed to practice in this state, and the certificate provides all of the following:

AB804, s. 66 Section 66. 709.02 of the statutes is amended to read:

AB804,22,18 709.02 Disclosure. In regard to transfers described in s. 709.01, the owner of the property shall furnish, not later than 10 days after acceptance of a contract of sale or option contract, to the prospective buyer of the property a completed copy of the report under s. 709.03, subject to s. 709.035, except that the owner may substitute for any entry information supplied by a licensed engineer, licensed professional land surveyor, or structural pest control operator or by an individual who is a qualified 3rd party, as defined in s. 452.23 (2) (b), or by a contractor about matters within the scope of the contractor's occupation if the information is in writing and is furnished on time and if the entry to which it relates is identified and except that the owner may substitute for any entry information supplied by a public agency, as defined in s. 66.0825 (3) (h). Information that substitutes for an entry on the report under s. 709.03 and that is supplied by a person specified in this section may be submitted and certified on a supplemental report prepared by the person, as long as the information otherwise satisfies the requirements under this section. A prospective buyer who does not receive a report within the 10 days may, within 2 business days after the end of that 10-day period, rescind the contract of sale or option contract by delivering a written notice of recision to the owner or to the owner's agent.

AB804, s. 67 Section 67. 709.07 of the statutes is amended to read:

AB804,23,2 709.07 Liability precluded. An owner is not liable for an error or omission in a report under s. 709.03 if the owner had no knowledge of that error or omission, if the error or omission was based on information provided by a public agency, as defined in s. 66.0825 (3) (h), or by a licensed engineer, licensed professional land surveyor, structural pest control operator, or qualified 3rd party, as defined in s. 452.23 (2) (b), or by a contractor about matters within the scope of the contractor's occupation.

AB804, s. 68 Section 68. Nonstatutory provisions.

AB804,23,16 (1) Notwithstanding section 443.02 (4) of the statutes, as affected by this act, on the effective date of this subsection, a person who has been granted a certificate of registration as a land surveyor under section 443.06 (2) of the statutes or a permit to practice land surveying under section 443.06 (3) of the statutes is considered to be granted a professional land surveyor license under section 443.06 (2) of the statutes, as affected by this act, or a permit to engage in the practice of professional land surveying under section 443.06 (3) of the statutes, as affected by this act, and the professional land surveyor section of the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors shall issue to the person, as appropriate, a professional land surveyor license under section 443.06 (2) of the statutes, as affected by this act, or a permit to practice professional land surveying under section 443.06 (3) of the statutes, as affected by this act.

AB804, s. 69 Section 69. Initial applicability.

AB804,23,19 (1) The treatment of sections 709.02 and 709.07 of the statutes first applies to reports furnished on the effective date of this subsection.

AB804, s. 70 Section 70. Effective date.

AB804,23,22 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB804,23,23 (End)