SB194: Bill Text

SB194,23,16 443.14 (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.

SB194, s. 75 Section 75. 443.14 (11) of the statutes is amended to read:

SB194,23,20 443.14 (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.

SB194, s. 76 Section 76. 443.18 (2) (a) of the statutes is amended to read:

SB194,24,7 443.18 (2) (a) If it appears upon complaint to the examining board by any person, or is known to the examining board that any person who is neither registered nor exempt under this chapter nor the holder of an unexpired permit under s. 443.10 (1) (d) is practicing or offering to practice, or is about to practice or to offer to practice, architecture or professional engineering in this state, or is using the title "landscape architect" in this state, the examining board or the attorney general, the department of regulation and licensing, the department of justice, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name and on behalf of this the state against any such person to enjoin the person from practicing or offering to practice architecture or professional engineering or from using the title "landscape architect".

SB194, s. 77 Section 77. 443.18 (2) (b) of the statutes is amended to read:

SB194,24,17 443.18 (2) (b) If it appears upon complaint to the examining board by any person, or is known to the section examining board that any person who is not authorized neither licensed nor permitted nor exempt under this chapter is practicing engaged in or offering to engage in the practice of professional land surveying in this state, the section examining board, the department of regulation and licensing, the department of justice, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name and on behalf of the state to enjoin the person from practicing engaging in or offering to engage in the practice of professional land surveying.

SB194, s. 78 Section 78. 470.025 (7) of the statutes is amended to read:

SB194,24,21 470.025 (7) A professional land surveyor registered licensed under ch. 443 who is engaged in the planning, design, installation, or regulation of land and water conservation activities under ch. 92 or s. 281.65.

SB194, s. 79 Section 79. 707.215 (5) (intro.) of the statutes is amended to read:

SB194,25,2 707.215 (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 under ch. 443, and the certificate provides all of the following:

SB194, s. 80 Section 80. 709.02 (1) of the statutes is amended to read:

SB194,25,21 709.02 (1) 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, professional land surveyor licensed under ch. 443, 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.

SB194, s. 81 Section 81. 709.07 of the statutes is amended to read:

SB194,26,4 709.07 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, professional land surveyor licensed under ch. 443, 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.

SB194, s. 82 Section 82. 893.37 of the statutes is amended to read:

SB194,26,10 893.37 Survey. No action may be brought against an engineer or any professional land surveyor licensed under ch. 443 to recover damages for negligence, errors, or omission in the making of any survey nor for contribution or indemnity related to such negligence, errors, or omissions more than 6 years after the completion of a survey.

SB194, s. 83 Section 83. 895.477 of the statutes is created to read:

SB194,26,14 895.477 Civil liability exemption; professional land surveyors. (1) Any professional land surveyor licensed under ch. 443 is immune from civil liability for all of the following:

SB194,26,16 (a) Trespass occurring during the practice of professional land surveying, as defined in s. 443.01 (6s), if the surveyor acted in good faith.

SB194,26,20 (b) Any damages caused as a result of the surveyor's approximation of an ordinary high water mark of any lake or stream or his or her approximation of high and low water elevations of any lake or stream if the surveyor was acting under ch. 236 and if the surveyor acted in good faith.

SB194,26,22 (2) (a) The immunity under sub. (1) does not extend to any professional land surveyor whose actions involves reckless, wanton, or intentional misconduct.

SB194,26,24 (b) The immunity under sub. (1) (a) does not extend to any actual damage done to land or property resulting from the trespass.

SB194, s. 84 Section 84. 943.13 (4m) (d) of the statutes is created to read:

SB194,27,2 943.13 (4m) (d) A professional land surveyor licensed under ch. 443 who qualifies for immunity under s. 895.477.

SB194, s. 85 Section 85. Nonstatutory provisions.

SB194,27,16 (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), 2005 stats., or a permit to practice land surveying under section 443.06 (3), 2005 stats., 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.

SB194, s. 86 Section 86. Initial applicability.

SB194,27,19 (1) The treatment of sections 709.02 (1) and 709.07 of the statutes first applies to original reports furnished on the effective date of this subsection.

SB194,27,22 (2) The treatment of sections 893.37, 895.477, and 943.13 (4m) (d) of the statutes first applies to acts or omissions occurring on the effective date of this subsection.

SB194,27,24 (3) The treatment of section 236.02 (2m) of the statutes first applies to correction instruments that are drafted on the effective date of this subsection.

SB194,28,2 (4) The treatment of sections 236.15 (2) and 236.34 (1) (a) of the statutes first applies to surveys that are performed on the effective date of this subsection.

SB194,28,4 (5) The treatment of section 707.215 (5) (intro.) of the statutes first applies to certifications made on the effective date of this subsection.

SB194,28,7 (6) The treatment of section 236.20 (6) of the statutes first applies to final plats, and to certified survey maps, that are submitted for approval on the effective date of this subsection.

SB194, s. 87 Section 87. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:

SB194,28,11 (1) The repeal and recreation of section 440.08 (2) (a) 39. of the statutes takes effect on July 1, 2009, or on the day after publication, whichever is later.

SB194,28,13 (2) The treatment of section 443.10 (2) (b) (by Section 64 ) of the statutes takes effect on July 1, 2009, or on the day after publication, whichever is later.

SB194,28,15 (3) The treatment of section 443.10 (5) (by Section 66 ) of the statutes takes effect on July 1, 2009, or on the day after publication, whichever is later.

SB194,28,16 (End)