Florida/Georgia Personal Injury & Workers Compensation

...Appellees filed a petition pursuant to section 120.54(4), Florida Statutes (1983), challenging the validity of the proposed rule as exceeding the Board's delegated authority because the rule includes in the definition of "engineering survey" acts and services which appellees say constitute land surveying as defined in section 472.005(4), Florida Statutes (1983), that may be lawfully performed only by licensed land surveyors....

...ld authorize the Board to define the term as set forth in the proposed rule and that the proposed definition of "engineering survey" includes a wide variety of activities which fall under the definition of "land surveying" as that term is defined in section 472.005(4)(a)....

...gineers to perform such land surveying services incidental to their engineering work. It is appellees' position that professional engineers regulated under chapter 471 can no longer perform any acts described in the definition of "land surveying" in section 472.005, even though such services are merely incidental to the performance of engineering services as defined in chapter 471....

...this case. We decline appellees' invitation to affirm the order below on the grounds that the proposed rule is invalid as a matter of law because it appears to embrace certain activities falling within the statutory definition of "land surveyor" in section 472.005....

...ed as "a calling requiring specialized knowledge and often long and intensive academic preparation." Land surveying is regulated by the Board of Land Surveyors, Department of Professional Regulation, pursuant to Chapter 472, Florida Statutes (1981). Section 472.005 includes the following definition: (4)(a) `Practice of land surveying' means, among other things, any professional service or work, the adequate performance of which involves the application of special knowledge of the principles of m...

will be preserved under the arrangement.' Section 472(5), 11 U.S.C. Sec. 872(5)." In re Marietta

...ess, and quality in order to assure adequate and defensible real property boundary locations and other pertinent information provided by land surveyors under the authority of ss. 472.001-472.039. (e.s.) The "practice of land surveying" is defined by section 472.005(4)(a), Florida Statutes as follows: Any professional service or work, the adequate performance of which involves *1361 the application of special knowledge of the principles of mathematics, the related physical and applied sciences, a...

...ats subsequently made and recorded and the original monument evidencing that corner on the ground, the original monument on the ground controls. See Tyson v. Edwards, 433 So.2d 549 (Fla. 5th DCA 1983), rev. denied, 441 So.2d 633 (Fla. 1983). [5] See § 472.005(3), Fla....

...Moreover, although the surveyor regulatory and licensure statutes did not then require a four-year college degree, we note that long before the 2005 amendment adding the college degree requirement, 2 the Legislature had used the term professional to apply to the regulation and licen-sure of surveyors. See e.g. § 472.005(3), Fla....

...cal sciences, is a ‘professional act.’ ” 458 So.2d at 79 . As the court further explained: “Land surveying is regulated by the Board of .Land Surveyors, Department of Professional Regulation, pursuant to Chapter 472, Florida Statutes (1981). Section 472.005 includes the following definition: (4)(a) ‘Practice of land surveying’ means, among other things, any professional service or work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences.......

...Bischoff argues that the trial court erred in holding that the boundary line at issue was not the centerline of the monument referenced in her deed. Bischoff is correct that by using “east of canal” the grantor was conveying by reference to a natural monument. A “monument,” when used in describing land, is defined in section 472.005(11), Florida Statutes (2011), as meaning an artificial or natural object that is permanent or semipermanent and used or presumed to occupy any real property corner, any point on a boundary line, or any reference point or other point to be used for horizontal or vertical control....

...Appellees filed a petition pursuant to section 120.54(4), Florida Statutes (1983), challenging the validity of the proposed rule as exceeding the Board’s delegated authority because the rule includes in the definition of “engineering survey” acts and services which appellees say constitute land surveying as defined in section 472.005(4), Florida Statutes (1983), that may be lawfully performed only by licensed land surveyors....

...rize the Board to define the term as set forth in the proposed rule and that the proposed definition of “engineering survey” includes a wide variety of activities which fall under the definition of “land surveying” as that term is defined in section 472.005(4)(a)....

...s to perform such land surveying services incidental to their engineering work. It is appellees’ position that professional engineers regulated under chapter 471 can no longer perform any acts described in the definition of “land surveying” in section 472.005, even though such services are merely incidental to the performance of engineering services as defined in chapter 471....

...case. We decline appellees’ invitation to affirm the order below on the grounds that the proposed rule is invalid as a matter of law because it appears to embrace certain activities falling within the statutory definition of “land surveyor” in section 472.005....

...r request for an opinion on the following question: EXCEPT AS EXPRESSLY EXEMPTED BY THE PROVISIONS OF s 472.003 , F.S., ARE EMPLOYEES OF THE STATE WHO PERFORM SERVICES FOR THE STATE WHICH FALL WITHIN THE DEFINITION OF "LAND SURVEYING" CONTAINED IN s 472.005 , F.S., REQUIRED TO BE LICENSED PURSUANT TO s 472.015 , F.S.? Chapter 472 , F.S., regulates the practice of land surveying in the State of Florida, together with the administrative rules adopted pursuant to that chapter by the Board of Professional Land Surveyors, Ch....

...(e.s.) Section 472.031 (1)(a), F.S., provides "No person shall: [p]ractice land surveying unless such person is registered pursuant to ss. 472.001 -472.039[.]" Subsection (2) makes it a misdemeanor of the first degree to violate any provision of that section. Section 472.005 (4)(a) and (b) set forth an extremely broad and open-ended definition of the term "practice of land surveying": (4)(a) "Practice of land surveying" means, among other things, any professional service or work, the adequate performance...

...nformation provided by land surveyors. . . ." This provision, read in pari materia with the legislative intent in s 472.001 , the language of s 472.031 (1)(a) and (2) and the extremely broad and open-ended definition of land surveying contained in s 472.005 (4)(a) and (b), indicates to me that the Legislature intended to regulate all persons who engage in the practice of land surveying as defined by s 472.005 (4) without regard to whom the employer of that person might be....

...While the courts might well hold that state employees are not within the regulatory provisions of Ch. 472, I am persuaded that the better view and the safer course is, in this instance, to advise you that state employees who practice land surveying, as defined in s 472.005 (4)(a) and (b), are required to be licensed pursuant to s 472.015 , F.S., pending legislative and judicial clarification of this matter....

...Board seek a declaratory judgment from the circuit court in order to resolve this issue. In summary, it is my opinion, until legislatively provided or judicially determined otherwise, that state employees who practice land surveying, as defined by s 472.005 (4)(a) and (b) are required to be licensed pursuant to s 472.015 , F.S....

board's rulemaking authority. 1 Section 472.005(4)(a), F.S. 2 Section 472.005(4)(b), F.S. 3 See, Department

debtor will be preserved under the arrangement.’ Section 472(5), 11 U.S.C. § 872(5).” In re Marietta Cobb Apartments