Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-17 - PROFESSIONAL SURVEYORS AND MAPPERS › Section 5J-17.053 - Standards of Practice - Professional Matters in Surveying and Mapping

Current through Reg. 50, No. 138; July 16, 2024
In order to safeguard the health, safety and welfare of the
				  public and to maintain integrity and high standards of skill and practice in
				  the surveying and mapping profession, the rules of professional conduct
				  provided in this section shall be binding upon every licensee and on all firms
				  which offer or perform surveying and mapping services in Florida. Licensees
				  shall at all times be cognizant of the public that they serve and shall govern
				  themselves accordingly in the following professional matters:
(1) Fair Dealing in Professional
				Relationships.
(a) Licensees shall act as
				faithful agents of their clients in all professional matters.
(b) Licensees, whether or not under oath,
				shall not be untruthful, deceptive, or misleading, including by omission, in
				any professional report, oral or written statement, or testimony.
1. A professional report, statement or
				testimony is false, fraudulent, deceptive or misleading if it: contains a
				material misrepresentation of fact; omits the statement of any material fact
				that is necessary to form a complete and accurate understanding of the
				communication; or is intended or is likely to create an unjustified
				expectation.
2. Examples of false,
				fraudulent, deceptive or misleading statements include: a statement that a
				licensee is a certified specialist in any area outside the licensee's field of
				expertise; a statement that the licensee's education or experience in surveying
				and mapping is greater than it actually is; a statement that the licensee's
				involvement with a surveying and mapping project will be greater than it is
				intended to be.
(c) The
				licensee shall not make, publish or cause to be made or published, any
				representation or statement concerning the professional qualifications of the
				licensee, or those of any partner, associate, firm or organization of the
				licensee, which is in any way misleading, or which tends to mislead the
				recipient thereof, or the public, concerning education, experience,
				specializations or other surveying and mapping qualifications.
(d) A licensee shall not, in the practice of
				surveying and mapping or in any professional dealings, make, publish, or cause
				to be made or published, any representation or statement about any competitor
				or any other licensee which the licensee knows or should know is false and
				which has or is intended to have the effect of injuring the reputation or
				business of such other licensee.
(e) A licensee shall not express a
				professional opinion that is factually insupportable or that is not based on
				accepted surveying and mapping principles, or that misrepresents data and/or
				its relative significance in any professional report, oral or written
				statement, or testimony.
(f) A
				licensee shall not violate any provisions of state or federal statutes
				requiring qualifications-based selection of professional surveying and mapping
				services; shall not knowingly aid or abet any other licensee in violating such
				statutes; shall not participate in a qualifications-based selection process
				that the licensee knows is not in compliance with federal or state statutes;
				and shall not respond to or solicit requests that the licensee knows are in
				violation of state or federal statutes.
(g) A licensee shall not knowingly permit the
				publication or use of the licensee's data, reports, maps, or other professional
				documents for unlawful purposes.
(h) Licensees may not use their surveying and
				mapping expertise or their professional surveying and mapping status to commit
				a crime.
(i) Licensees may not
				knowingly associate with or permit the use of their names in a business venture
				with any person or business entity which the licensee knows or should know is
				engaging in unlawful, fraudulent or dishonest business or professional
				practices.