In previous years, efforts were made to change three existing Florida statutes of significance to Florida’s professional geologists. We succeeded in enacting changes to the Water Resources Act. FAPG-AIPG still requires effort from its membership to encourage members of appropriate committees and legislative representatives to support the professional geologist community in affecting these changes.
Other items of legislative interest include:
Chapter 287.055, F.S. Consultants Competitive Negotiation Act
Another proposal submitted by the Board of Professional Geologists, but never addressed by the Florida legislature is the addition of Professional Geologists to the Consultants Competitive Negotiation Act. Specifically the Board proposed an amendment to Chapter 287.055, F.S., to include Professional Geologists as identified professionals along with architects, engineers, landscape architects, and surveyors. Certified professional geologic firms are excluded from responding to Requests for Statements of Qualifications (RFSOQ) for professional services from various government agencies (city, county, regional, and state) for differing geologic, hydrogeologic, and geotechnical services. This exclusion of PG firms from participating and practicing within their professional area of expertise is wrong and potentially harms the public.
Chapter 492.113, F.S. Professional Geology Act
Currently Section 492.113, F.S., states that the Department of Business and Professional Regulation is the primary agency responsible for the disciplinary proceedings for professional geologists. The Board is not involved which creates problems with complaints being dismissed or no further investigation being done. FAPG supports changes to this statute which would give the Board, as opposed to the Department, authority to establish, by rule, acts which are in violation of Chapter 492, and administer disciplinary action. The proposal will benefit the profession and the public because those who are most knowledgeable in the practice of geology will administer discipline for the profession.
Chapter 492.113, F.S. Geologist in Training
Implementing a Geologist in Training (GIT) program in the State of Florida would allow graduating geologists to take the first part of the PG exam (the fundamentals/ general geology portion) upon graduation. The geologist would be designated as a Geologist in Training upon successfully passing this part of the exam. The second (Applied Experience) part of the exam would be taken after the geologist meets the experience requirements. This would be taken upon being approved by the PG Board as having met the experience and other statutory requirements leading to becoming a PG. Several states, including Mississippi, have instituted a GIT program. One of the potential benefits to having a GIT program would be the additional protection of public safety and welfare by assuring that all practicing geologists, even those who are still journeymen and are not yet licensed, have met the standards of minimum geologic competency prior to being employed and serving the public.
Florida Statute 713, Part 1, Florida Lien Law
Because the profession of geology did not exist when the current Florida Lien Law was passed, a geologist can not place a lien against property they to work on like many other professions can. This can make it very difficult for a small firm or individual geologist to collect the fees for work performed. See http://www.myfloridalicense.com/dbpr/pro/elboard/documents/florida_lien_law.pdf for a recap of this law and note that geologists are not named under professionals.
