SB394: Bill Text

SB394,40,9 443.01 (6s) "Practice of professional land surveying" means any of the following:

SB394,40,12 (a) Any service comprising the establishment or reestablishment of the boundaries of one or more tracts of land or the boundaries of any of the following interests in real property:

SB394,40,13 1. The alignment and rights-of-way of roads or streets.

SB394,40,14 2. Air or subsurface property rights.

SB394,40,15 3. Public or private easements.

SB394,40,17 (b) Designing or coordinating designs for the purpose of platting or subdividing land into smaller tracts.

SB394,40,22 (c) Placing, replacing, restoring, or perpetuating monuments in or on the ground to evidence the location of a point that is necessary to establish boundaries of one or more tracts of land or the subdivision or consolidation of one or more tracts of land or to describe the boundaries of any interest in real property identified in par. (a).

SB394,40,25 (d) Preparing maps that depict any interest in real property identified in par. (a) for the purpose of establishing the boundaries of any such interest in real property.

SB394,41,1 (e) Preparing any of the following:

SB394,41,3 1. An official map established or amended under s. 62.23 (6), established or amended under the authority of s. 61.35, or adopted under s. 60.61.

SB394,41,4 2. An assessor's plat under s. 70.27.

SB394,41,5 3. A map or plat of cemetery lands under s. 157.07.

SB394,41,7 4. A subdivision plat, certified survey map, or correction instrument under ch. 236.

SB394,41,8 5. A condominium plat or correction instrument under ch. 703.

SB394,41,9 6. A project and time-share property plat under s. 707.215.

SB394,41,11 (f) Performing construction surveying or geodetic surveying in connection with any of the practices specified in pars. (a) to (e).

SB394,101 Section 101. 443.01 (7m) of the statutes is created to read:

SB394,41,16 443.01 (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 under this chapter to engage in the practice of professional land surveying.

SB394,102 Section 102. 443.02 (4) of the statutes is amended to read:

SB394,41,23 443.02 (4) No person may engage in 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 permit to practice license under this chapter to engage in the practice of professional land surveying.

SB394,103 Section 103. 443.06 (title) of the statutes is amended to read:

SB394,42,2 443.06 (title) Registration Licensure requirements for professional land surveyors.

SB394,104 Section 104. 443.06 (1) (title) of the statutes is amended to read:

SB394,42,4 443.06 (1) (title) Registration Licensure, application, qualifying experience.

SB394,105 Section 105. 443.06 (1) (a) of the statutes is amended to read:

SB394,42,16 443.06 (1) (a) Application for registration as a land surveyor or a permit license to engage in the practice of professional land surveying shall be made to the professional land surveyor section of the examining board under oath, on forms provided by the department, which shall require the applicant to submit such information as the professional land surveyor section of the examining board deems necessary. The professional land surveyor 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 granted a permit license to engage in the practice as of professional land surveyors surveying when satisfactory evidence is submitted that the applicant has met one or more of the requirements of sub. (2).

SB394,106 Section 106. 443.06 (1) (b) of the statutes is amended to read:

SB394,43,2 443.06 (1) (b) Each year, but not more than 4 years, of work or training completed in a curriculum in the practice of professional land surveying approved by the professional land surveyor section, or of responsible charge of land surveying teaching the practice of professional land surveying may be considered as equivalent to one year of qualifying experience in land surveying work the practice of professional land surveying, and each year, but not more than 4 years, completed in a curriculum other than the practice of professional land surveying approved by the professional land surveyor section, may be considered as equivalent to one-half year of qualifying experience.

SB394,107 Section 107. 443.06 (2) (intro.) of the statutes is amended to read:

SB394,43,7 443.06 (2) Requirements; certificate of registration license. (intro.) The professional land surveyor section may grant a certificate of registration as a license to engage in the practice of professional land surveyor surveying to any person who has submitted to it an application, the required fees, and one or more of the following:

SB394,108 Section 108. 443.06 (2) (a) of the statutes is repealed.

SB394,109 Section 109. 443.06 (2) (am) of the statutes is amended to read:

SB394,43,20 443.06 (2) (am) Evidence satisfactory to the professional land surveyor section that he or she has received a bachelor's degree in a course in the practice of professional land surveying or a related field that has a duration of not less than 4 years and is approved by the professional land surveyor section, and that he or she has engaged in the practice of professional land surveying for at least 2 years of land surveying and has demonstrated 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 professional land surveyor section. This paragraph applies to actions of the land surveyor section on applications for land surveyors' certificates that are submitted to the land surveyor section after June 30, 2000.

SB394,110 Section 110. 443.06 (2) (b) of the statutes is repealed.

SB394,111 Section 111. 443.06 (2) (bm) of the statutes is amended to read:

SB394,44,8 443.06 (2) (bm) Evidence satisfactory to the professional land surveyor section that he or she has received an associate degree in a course in the practice of professional land surveying or a related field that has a duration of not less than 2 years and is approved by the professional land surveyor section, and that he or she has engaged in the practice of professional land surveying for at least 4 years of land surveying and has demonstrated 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 professional land surveyor section. This paragraph applies to actions of the land surveyor section on applications for land surveyors' certificates that are submitted to the land surveyor section after June 30, 2000.

SB394,112 Section 112. 443.06 (2) (c) of the statutes is repealed.

SB394,113 Section 113. 443.06 (2) (cm) of the statutes is amended to read:

SB394,44,20 443.06 (2) (cm) Evidence satisfactory to the professional land surveyor section that he or she has engaged in the practice of professional land surveying for at least 10 years of land surveying and has demonstrated 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 professional land surveyor section. This paragraph applies to actions of the land surveyor section on applications for licenses to engage in the practice of professional land surveyors' certificates surveying that are submitted to the professional land surveyor section after June 30, 2000 and before July 1, 2019.

SB394,114 Section 114. 443.06 (2) (d) of the statutes is amended to read:

SB394,45,3 443.06 (2) (d) An unexpired certificate of registration , certificate of certification, or license as a land surveyor or to engage in the practice of professional land surveying 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.

SB394,115 Section 115. 443.06 (2) (e) of the statutes is repealed.

SB394,116 Section 116. 443.06 (2) (em) of the statutes is repealed.

SB394,117 Section 117. 443.06 (3) of the statutes is repealed.

SB394,118 Section 118. 443.10 (title) of the statutes is amended to read:

SB394,45,8 443.10 (title) Applications, certificates, licenses, rules, and roster.

SB394,119 Section 119. 443.10 (2) (b) of the statutes is amended to read:

SB394,45,13 443.10 (2) (b) The fees for examinations and licenses credentials, as defined in s. 440.01 (2) (a), granted under this chapter are specified in s. 440.05, and the fee for renewal of such licenses credentials is determined by the department under s. 440.03 (9) (a).

SB394,120 Section 120. 443.10 (5) of the statutes is amended to read:

SB394,45,20 443.10 (5) Fees; renewals. The professional land surveyor's surveyor section shall grant a certificate of registration as a license to engage in the practice of professional land surveyor surveying to any applicant who has met the applicable requirements of this chapter. The renewal date for the certificate license is specified under s. 440.08 (2) (a), and the renewal fee for the certificate license is determined by the department under s. 440.03 (9) (a).

SB394,121 Section 121. 443.12 (title) of the statutes is amended to read:

SB394,45,23 443.12 (title) Disciplinary proceedings against professional land surveyors.

SB394,122 Section 122. 443.12 (1) of the statutes is amended to read:

SB394,46,5 443.12 (1) The professional land surveyor section may reprimand a professional land surveyor, or limit, suspend, or revoke the certificate of registration license of any professional land surveyor, 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.

SB394,123 Section 123. 443.12 (2) of the statutes is amended to read:

SB394,46,12 443.12 (2) Charges of fraud, deceit, gross negligence, incompetence, or misconduct may be made against any professional land surveyor by the professional land surveyor section or any person. Such charges may be made on information and belief, but shall be in writing, stating the specific acts, be signed by the complainant and be submitted to the examining board. All charges shall be heard according to the rules promulgated under s. 440.03 (1).

SB394,124 Section 124. 443.12 (3) of the statutes is amended to read:

SB394,46,19 443.12 (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 professional land surveyor 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 professional land surveyor section may be reviewed under ch. 227.

SB394,125 Section 125. 443.12 (4) of the statutes is amended to read:

SB394,46,25 443.12 (4) The professional land surveyor section, for reasons it deems sufficient, may reinstate a certificate of registration license to engage in the practice of professional land surveying that has been revoked, if 3 members vote in favor of such reinstatement. This subsection does not apply to a certificate of registration license that is revoked under s. 440.12.

SB394,126 Section 126. 443.134 of the statutes is created to read:

SB394,47,7 443.134 Exception for photogrammetry. Nothing in this chapter may be construed to prohibit a person who has not been granted a license to engage in the practice of professional land surveying under this chapter from utilizing photogrammetry or remote sensing techniques or performing topographic surveying, construction surveying, or geodetic surveying for purposes other than a boundary establishment or reestablishment specified in s. 443.01 (6s).

SB394,127 Section 127. 443.135 of the statutes is created to read:

SB394,47,12 443.135 Other exceptions. Nothing in this chapter may be construed to prohibit a person who has not been granted a license or permit to engage in the practice of professional land surveying under this chapter from doing any of the following:

SB394,47,15 (1) Performing services related to timber management or sales if any map that is prepared as a part of those services contains the following statement: "This map is not a survey of the actual boundary of any property this map depicts."

SB394,47,18 (2) Preparing a map that depicts temporary trails, easements, or other uses of lands if the map contains the following statement: "This map is not a survey of the actual boundary of any property this map depicts."

SB394,128 Section 128. 443.14 (8) (a) of the statutes is amended to read:

SB394,47,23 443.14 (8) (a) An employee of a professional land surveyor registered in this state or authorized to practice under a permit, while working doing surveying work under the supervision of the employer. Such exempt, if the employee shall is not be in responsible charge of the practice of professional land surveying.

SB394,129 Section 129. 443.14 (8) (b) of the statutes is repealed.

SB394,130 Section 130. 443.14 (8) (c) of the statutes is repealed.

SB394,131 Section 131. 443.14 (8) (d) of the statutes is amended to read:

SB394,48,4 443.14 (8) (d) Employees of public utilities regulated by the public service commission while engaged in the practice of professional land surveying for such utilities. This paragraph does not apply after June 30, 2019.

SB394,132 Section 132. 443.14 (11) of the statutes is amended to read:

SB394,48,8 443.14 (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.

SB394,133 Section 133. 443.18 (2) (b) of the statutes is amended to read:

SB394,48,20 443.18 (2) (b) If it appears upon complaint to the examining board by any person, or is known to the land surveyor section of the examining board that any person who is not authorized is practicing or offering does not have a license to engage in the practice of professional land surveying in this state, or who is not exempt from the licensure requirements under this chapter, is engaging in or offering to engage in the practice of professional land surveying in this state, the professional land surveyor section, the examining board, the department, 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.

SB394,134 Section 134. 470.025 (7) of the statutes is amended to read:

SB394,48,24 470.025 (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.

SB394,135 Section 135. 703.02 (6m) of the statutes is amended to read:

SB394,49,4 703.02 (6m) "Correction instrument" means an instrument drafted by a licensed professional land surveyor that complies with the requirements of s. 59.43 (2m) and that, upon recording, corrects an error in a condominium plat. "Correction instrument" does not include an instrument of conveyance.

SB394,136 Section 136. 703.02 (13r) of the statutes is created to read:

SB394,49,7 703.02 (13r) "Professional land surveyor" means a professional land surveyor licensed under ch. 443.

SB394,137 Section 137. 703.11 (2) (intro.) of the statutes is amended to read:

SB394,49,11 703.11 (2) Required particulars. (intro.) A condominium plat may consist of one or more sheets, shall be produced on media that is acceptable to the register of deeds, and shall contain at least the following particulars:

SB394,138 Section 138. 703.11 (2) (b) of the statutes is amended to read:

SB394,49,17 703.11 (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.

SB394,139 Section 139. 703.11 (4) of the statutes is amended to read:

SB394,49,24 703.11 (4) Surveyor's Professional land 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.

SB394,140 Section 140. 703.115 (1) (b) of the statutes is amended to read: