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Florida Deregulation Bill - Will It Open a Pandora's Box of Evildoing Here in Florida?

A bill that would remove the State of Florida from overseeing and regulating a wide variety of business activities is moving through the Florida Legislature right now -- and it's so comprehensive that even the industry leaders currently subject to agency oversight are denouncing the proposed law as bad for Florida. 

As reported in today's Orlando Sentinel in a story by Jason Garcia entitled, "Some industries balk at giant deregulation bill in Florida House ," the bill is big - it's 281 pages long, and even lots of businesses don't like it.

Garcia reports that over 30 representatives (lobbyists and others) have gone before the House Business and Consumer Affairs Subcommittee to give their testimony of how bad things could get if the Florida state government were to exit the building in these various industries.  Even Disney had a man go before the committee, warning of land fraud temptations without Florida's oversight of time shares. (Disney's big into the time share condo business.)

What the Deregulation Bill Proposes to Do

It's a budget cutting manuever that would take the State of Florida out of the business of overseeing and regulating 25+ professions and industries operating for profit in this state -- including home inspectors, time-shares, condos, landscape architects, professional surveyors, professional mappers, and other real estate related industries as well as businesses like auto mechanics and travel agencies. 

For example, here's what is being considered regarding architects.

Architects - Currently, an Architect business must be licensed by the state, unless exempt from licensure, in addition to the requirement that the individual be licensed. Persons currently exempt from licensure include anyone who makes plans and specifications for, or supervises the erection, enlargement, or alteration of:

1. Any building upon any farm for the use of any farmer, regardless ofthecost of the building;

2. Anyone-family or two-family residence building, townhouse, or domesticoutbuilding appurtenant to any one-family or two-family residence, regardless of cost; or

3. Any other type ofbuilding costing less than $25,000, except a school,auditorium, or other building intended for public use, provided that theservices of a registered architect shall not be required for minor school projects.

The proposal is to eliminate business license equirements for sole proprietorships for individuals licensed as Architects.

Florida isn't new to deregulation -- Governor Crist made lots of headlines in 2009 regarding the extent that the State of Florida would regulate the commercial insurance industry.  There was also lots of controversy over the extent that Florida should or would oversee the telecommunications industry in the state.

However, with the new shift in power up in Tallahassee, and Governor Scott's stated intention to run the State of Florida like a business, wide-spread deregulation like this may not face the big fight that it has seen in past years. 

Deregulation From a Land Development Perspective

Land developers often find state regulations to be time-consuming and expensive, but all reputable real estate professionals still respect the reality that there are those that push the edge of the envelope (or go past it) for the sake of profit.  No one wants to open the door to a free-for-all here in Florida, just because the state is in economic hard times.

So, is this massive deregulation good for Florida?  Many respected business professionals think not.  Consider what's being done here.  Specifically, the government would be hands-off regarding the following industries:

1. Athlete Agents

2. Auctioneers

3. Auctioneer Apprentices

4. Barbers

5. Body Wrappers

6. Business Opportunities

7. Cattle Owners with Officially Registered Brands

8. Charitable Organizations

9. Community Association Managers/Finns

10. Condominiums and Cooperatives

11. Dance Studios

12. Employee Leasing Companies

13. Hair Braiders

14. Hair Wrappers

15. Health Studios

16. Home Inspectors

17. Interior Designers

18. Intrastate Movers

19. Landscape Architects

20. Manicurists

21. Mobile Home Lots

22. Mold Related Services

23. Motor Vehicle Repair Shops

24. Professional Geology

25. Professional Surveyors and Mappers

26. Rooming Houses

27. Sellers ofTravel

28. Specialty Salons (Manicurists, Pedicurists, Nail Extensions)

29. Talent Agents

30. Telemarketing

31. Timeshares

32. Yacht and Ship Brokers

33. Television Tube Labeling (HB 4013 by Eisnaugle-Reported Favorably by BCA

Subcommittee on 2/8/11)

34. Contract Commissions (HB 4023 by Plakon- Reported Favorably by BCA

Subcommittee on 2/8/11)

35. Water Vending Machines (HB 4009 by Workman- Reported Favorably by BCA

Subcommittee on 2/8/11)

 

 

Comments (30)

Read through and enter the discussion by using the form at the end
Mark writes on 03/15/11 @ 4:27PM

I don't think the bill goes far enough. We don't need the government regulating silly businesses.
Remember, the less government the better.

Philip M. Ghiotto writes on 03/15/11 @ 4:38PM

I am writing to declare my disgust concerning the proposed repeal of Chapter 472, which regulates the Surveying & Mapping Profession.

The ability to own land was one of the primary rights granted to Americans. Since the first settlers arrived in this country, disputes over property boundaries have existed. During the past 40 years the State of Florida has coordinated with our profession to undertake huge steps in protecting the public's welfare by developing a true profession of Surveying & Mapping.

In the mid 1970's, the University of Florida began offering a comprehensive curriculum in the Surveying Profession. This was one of the nation's first programs. The program had the backing of the profession and much of the funding came from within the practitioners located in Florida. Since that time, other states have followed Florida's lead in developing laws and rules to protect their public.

In 1981, Minimum Technical Standards for surveys prepared in the state of Florida became a driving force to insure surveys were prepared with minimum competency. Efforts were made to educate the profession on the new standards. Many revisions to the standards insure they remain current with the technology used in the profession. Once again, Florida was the lead state in promoting Minimum Technical Standards. Many states used Florida's rules in developing their own set of standards..

Could you imagine future development without an properly educated and experienced Surveyor? The value of land in Florida should be enough to tell anyone that proper location of individual properties is reason to continue the regulation and licensure of the profession.

Without Chapter 472, any Tom, Dick or Jane can present him or herself as an expert, when in reality this person would not have the first idea of a Professional Survey. This proposed bill guts the "professional" standard the Surveyors of this state have obtained. This action takes the State of Florida back 40 years! Property owners throughout the State, including the State of Florida, will be harmed without Chapter 472.

Maribel De La Rocha writes on 03/16/11 @ 10:55AM

I am pro-business and want to see a better environment for businesses in Florida. However, this move to deregulate is irresponsible. Land Surveying is a profession that requires technical training and experience. Engineers, architects, developers and many other professionals and consumers rely on our survey information to make critical decisions with regards to their property interest. If you deregulate the industry, you will only open the door to fraudulent practices that will hurt the consumer and increase litigation in an already swamped court system. Deregulating surveying is as illogical as it would be to deregulate other trained professions such as engineering, architecture, law and others.
We all want more business but not at the expense of sacrificing the integrity of our current system.

Jim writes on 03/16/11 @ 1:48PM

your comment "Many respected business professionals think not. " I STRONGLY DISAGREE WITH.

Yes, there are some business interests that need to regulated for Public Safety..such as Construction. this I very strongly support.

However, we have way too many rules, regulations that dramatically increases the cost of doing business here in South Florida.

I agree with our new governor..laws and rules need to makes sense from BOTH public safety, interest and keeping Florida a business friendly environment.

Franco A. Pasquale writes on 03/16/11 @ 10:37PM

I am outraged that our state legislature would even consider a deregulation of this magnitude of so many professional practices. I have spent countless years of education and instruction as well as expense to become eligible to sit for the exam that qualifies me as a Florida Licensed Interior Designer only to have that distinguished title taken away. Our industry directly affects the general welfare of our citizens every day. The cost involved to correct all the costly mistakes due to non-professionals without the basic knowledge of Interior Design will greatly outweigh any immediate savings the State of Florida will save not to mention the elimination of more jobs.

harvey ward writes on 03/17/11 @ 8:28AM

The #1 consumer complaint down the road will be against home inspectors, they will be allowed to write anything in a report, creating problems for the home loan industry, realestate brokers and buyers. Eliminating professional credibility will allow major fraud into the system creating job opportunity for lawyers, so much for tort reform.

Brian O'Mahoney writes on 03/17/11 @ 1:05PM

This is absurd. There may be certain professions whose regulations need revision, but this wholesale removal of government oversight is reckless and dangerous. Gov. Scott is virtually inviting every crook and thief in the country to come to Florida. We want competition in our industries and professions, but without regulation we will have unqualified purveyors and scam artists squeezing out our legitimate business concerns. Once again, heavy-handed officials in Tallahassee are using an axe when a scalpel is called for.
I urge everyone to contact their representatives and them know this is not a winning formula for our state.

Jay Everett writes on 03/17/11 @ 8:51PM

This sends a clear message to the thousands of college students getting degrees in surveying, landscape architecture, and interior design at dozens of Florida universities. Get your degree and MOVE. If this becomes law young professionals will leave to find a better business environment.

FAIL.

Mark A. West, PSM writes on 03/19/11 @ 9:40AM

Professional Surveyor and Mapper deal with a lot of important issues in our lives but the three that seem most timeless and universal are our families, our health, and our rights to our land. Our welfare is directly affected by our ability to define our space. That’s one of the land surveyor’s most important jobs, to mark, describe, and map property ownership. His or her work creates a stable framework on which we can build our homes and communities, and generate the wealth necessary to sustain those communities. If we don’t know the location of the boundaries of our land we can’t enjoy any unique use of it. We could not buy, sell, mortgage or develop land in an orderly and predictable fashion. The land surveyor provides that knowledge.

There’s one fundamental principle that governs our work. In the words of Justice Cooley of the Michigan Supreme Court, “ No man loses title to his land or any part of it merely because the evidence of where it once was becomes uncertain.” The perpetuation of property rights and title is tied to the land.

Our opinions are formed from knowledge of common law, rules of evidence, state and federal laws, and local standards of practice. In many ways it is much an art as it is science.

Charles Powell, PSM writes on 03/19/11 @ 10:38AM

Deregulation of Land surveying sets florida back 50 years. If all you look at is the staff analysis of the bill you will see the licensing requirements listed. That may give the impression that that part will be repealed, but reading of the bill it deletes statue 472,
which means no license, no seal,no right of entry, no test, no continuing education, no board of surveyors, no disiplinary action, and no minimum standards.

By deleting the statue you delete it all. you are left with the public having no survey standards.
Surveyors must sign and seal their work with a impression seal for it to be valid. so taking the seal away from surveyors takes jobs away.

No more elevation certificates as they are required to be sealed and a federal form.
Alta/Ascm commercial surveys (think apartment complexes,shopping malls,marinas,sports arenas,and multi million dollar properties) require more stringent requirements than standard surveys, and with no seal on them that market will go away.
Subdivision plats which require a seal, two actually one from the original surveyor, and another from another surveyor for checking for compliance to chapter 177 plat law would not be sealed, and hoping that the cities and counties would not have reservations about that may be unrealistic.
The Department of Transportation would have to accept un sealed right of way maps (specific purpose surveys) as all their in house surveyors would de licensed as well, I expect that this will change the bidding process for setting control,benchmarks and preparing maps for them.
The Department of Environmental Protection would be in a similar position for accepting un sealed mean high water surveys, and un sealed surveys relating to coastal construction tied to the coastal construction control line. Since these are ordered by individuals, there is no bid process involved.

The engineers would have to specify their requirements on a topographic surveys as their are no standards anymore, and accept un sealed surveys for development projects. Legal descriptions would be un sealed and have no standards. The lenders and title companies who use the surveys to protect their interests should find this lack of standards very troubling. Contuining education providers would not be needed as there is no demand or requirement for them.

Deregulation of surveyors does not promote jobs, it takes them away, and harms the public by leaving no standards in place. Surveyors are regulated for a reason, lets keep it that way.

I only concentrated on jobs and growth in this thought as that was the intent of this bill, I could go in depth about legal descriptions, interpreting descriptions, overlap in descriptions, applying legal principles to deeds, and public reliance on surveys, evaluating evidence, preponderance of evidence found, following in the footsteps of the original surveyor, and all of those points are very valid. there is more to surveying than just measuring.

TheNewMappers writes on 03/19/11 @ 1:46PM

I've been a Florida Land Surveyor all my life. I've been registered here in Florida for 10 years. Unless you know someone that knows someone that knows someone, you are forever relegated to the Survey wilderness in this State.

I take my profession seriously. When I see retired & semi-retired Surveyors that worked for municipal agencies and take a pension, then go out and sign Surveys for some non-Surveyor for a pittance, just because the non-Surveyor has "contacts", I see our profession being manipulated by unregulated individuals.

I saw this coming. We've been crying for years that we're "over-regulated", this is a blessing in disguise, you''ll see.

Michael M. Mitchell writes on 03/19/11 @ 3:41PM

Removing certifiable standards for cadastral land surveying might be penny wise but certainly is pound foolish. Proper property definition requires specific training and techniques not possessed without training and practice. Selecting those lacking these credentials to survey results in John building a house on what turns out to be Toms property. Government certification would seem to offer the best standardization for this role.

Jim writes on 03/21/11 @ 9:17PM

While the HB 5005 is being publicized as “removing barriers to practice” or “vital to getting our economy back on track by eliminating obstacles for private sector growth that ultimately leads to job creation” the Bill would actually be detrimental to most, if not all, landscape architecture firms located in the State. Landscape Architects would lose the ability to sign and seal documents which are necessary for public sector projects and projects that require local, state and/or federal government approval. Without any credentialing or regulation, there is no way for the public to know whether a practitioner is knowledgeable of health, safety and welfare issues, regulatory compliance, and a whole host of other skills expected from a design professional.

Lots of blood, sweat and tears went into getting my license (degree, exam, CEUs) and now so person down the road can just call themselves a Landscape Architect. Of all the professions being deregulated, Surveyors & Mappers, Geologists, Interior Designers and Landscape Architects are PROFESSIONALS! Not hair wrappers or telemarketers. GET WITH IT!!!

Mark W writes on 03/21/11 @ 11:03PM

I'm just as disgusted as Phillip is. As a Professional Surveyor and Mapper with a four year degree in Surveying and Mapping, I will take my ball and go play somewhere that I don't have to compete with thieves and scoundrels if HB 5005 passes. I used to think the worst thing that could happen was to become unemployed in FL, then House Bill 5005 came along...

I've already got my new state picked out, and that's difficult to say as a Native Floridian. However, as someone with a 4 year degree, I cannot compete with a fly-by-night guy with a GED who once worked for his uncle's brother's cousin as a survey rod person. I know the next crop of "Surveyors" in Florida won't carry professional liability insurance. Why would they? They don't have a license to protect, and how will you find them when you have a dispute with your neighbor or the State Road that runs in front of your place?

Rosa Schechter writes on 03/22/11 @ 11:39AM

Mark W,
Thanks so much for writing. Please consider contacting your representatives in the Florida Legislature as well as those setting on the Economic Affairs Committee on this issue. Time is of the essence. Contact information (email, phone, etc.) has been provided in today's post (3/22).

Rosa Schechter writes on 03/22/11 @ 11:40AM

Jim,
Thanks first of all for writing. As suggested to Mark W., please consider contacting your representatives in the Florida Legislature as well as those setting on the Economic Affairs Committee on this issue. Time is of the essence. Contact information (email, phone, etc.) has been provided in today's post (3/22).

Rosa Schechter writes on 03/22/11 @ 11:41AM

Mr. Mitchell,
Thanks for writing and in hopes that you may come back to the blog, please consider contacting your representatives in the Florida Legislature as well as those setting on the Economic Affairs Committee on this issue. Time is of the essence. Contact information (email, phone, etc.) has been provided in today's post (3/22).

Rosa Schechter writes on 03/22/11 @ 11:44AM

WHEW! Everyone -- thanks so much for writing. It's redundant to post essentially the same message in reply so here's a blanket reply to everyone here:

1. Thank you for taking the time to comment. It's appreciated.

2. Please consider contacting your representatives in the Florida Legislature as well as those setting on the Economic Affairs Committee on this issue. Time is of the essence. Contact information (email, phone, etc.) has been provided in today's post (3/22).

tom, dick, and harry Surveying writes on 03/22/11 @ 11:58PM

The deregulation of Surveying will result in only one thing... no competent surveyors in Florida. All of the professionals will pack their bags and move. Florida will be left with the worst of the worst "surveyors" (if you would call a non-regulate individual a Surveyor??? I will not) and nothing but property disputes that are not backed by professional integrity. The courts will clog with property disputes and the damage caused in just one year of deregulated surveying could possibly NEVER be fixed.

The people of Florida have no idea what direction this heads them, but they better listen and listen good... you are making a mistake, a gigantic mistake.

Sermin writes on 03/23/11 @ 1:59PM

This is ridiculous. To deregulate any profession in the building construction industry, which has a significant impact on public safety and welfare, is a horrible idea.

Surveyors, landscape architects, interior designers, and home inspectors? I have been harmed by a home inspector to the tune of $11,000.

I agree with Jay Everett. Take it from me, an Oregon resident and interior designer, who is not able to be licensed in my state. My choice to continue my professional growth and pursue business opportunities is the following: go back to school, start over and become and architect, or move.

Unless the governor is considering deregulating architects as well, landscape architects and interior designers would lose a lot of business. (I'm not suggesting anyone deregulate architecture, that would be a disaster of immense proportions.)

Any RIDs in Florida should be hounding their legislators.

All politics are local, so I hope Floridians speak up.

David S. Sharpe writes on 03/24/11 @ 3:39PM

How did this even get this far concerning Land surveying, are the politicians kidding? We in SC are striving to better the profession with continuing education and a four year college requirement and you guys are looking to deregulate? We have taken a big step backward being included in this bill.

Linda Allard writes on 04/11/11 @ 8:57AM

As a long standing professional and a business owner in the state of Florida for more than 20 years I am outraged to say the least in the carelessness of our government regarding this issue. In such a unstable time when this country is falling on its face its is so hard to imagine that we continue to allow our supposed representatives to get away with not hearing our voice. Can someone please explain how this such action will benefit ANYONE? While government postions are increasing daily we stand by and watch this country take away the heart and soul of business by discriminating against small businesses. Without US this state will fail as will the country. Forget about moving to another state......................time for another country!!!!!!!!

Karen writes on 04/11/11 @ 4:34PM

Deregulating travel agencies is going to open Florida up for every travel scam known to man. It's bad enough when someone thinks they can pay a multi-level company a few bucks and go sell travel.

Rosa Schechter writes on 04/15/11 @ 6:04PM

Thanks for the comment, Mark. As a real estate attorney in Florida, I understand the value that good surveyors bring to our transactions and to our market.

Rosa Schechter writes on 04/15/11 @ 6:08PM

Charles: Thank you for taking the time to post so thoughtfully. High standards in the surveying industry are critical.

Rosa Schechter writes on 04/15/11 @ 6:09PM

Thanks for your comment, Karen. The health and integrity of the travel industry is key to Florida's economy.

Rosa Schechter writes on 04/15/11 @ 6:10PM

thanks for writing, Linda. I appreciate your input.

Rosa Schechter writes on 04/16/11 @ 10:41AM

As a real estate practitioner in Florida, I understand the importance of technically correct, complete surveys to the smooth flow of real estate transactions. Surveys form the basis for understanding the "picture" of a deal. If they are inaccurate, the deal is in jeapordy

Bewildered writes on 04/18/11 @ 9:25AM

As Jane Q. Public I've got to comment. I agree with all the surveyors comments BUT, how about this...my neighbor's surveyor was on my property and was incorrectly placing a capped rod. After trying to speak to him he turned rude and nasty. He told me to contact the proper authorities. I did, I thought. I made a complaint to the Fl Dept of Biz & Prof Regulation. Months later they informed me by an undated letter that the surveyor did nothing wrong. I went to the County Records department and found a corrected survey giving me back my 30' that I had tried to explain the the surveyor. So, seems to me that the guy did do something wrong. Please tell me how the Regulators were able to tell me he did nothing wrong. And also, the surveyor never communicated with me about the corrected survey. Not very "professional" in my book!

David Eggers writes on 05/01/11 @ 8:57PM

4 years to become a surveyor? That's the whole problem with regulation. Learning how to line out where to dig a ditch shouldn't take as long as medical school.

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