Judges: R. T. CARPENTER
Agency: Department of Business and Professional Regulation
Latest Update: Oct. 17, 1990
Summary: Surveyor must personally have knowledge of property. Past surveys are not sufficient knowledge.
84-2000STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL )
REGULATION, Board of Land )
Surveyors, )
)
Petitioner, )
)
vs. ) CASE NO. 84-2000
)
RALPH G. PURVIS, )
)
Respondent. )
)
RECOMMENDED ORDER
This matter came on for hearing before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter in West Palm Beach, Florida, on October 9, 1984. The appearances were as follows:
For Petitioner: Joseph Shields, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
For Respondent: Ralph G. Purvis
Post Office Box 16084
West Palm Beach, Florida 33406
This matter arose on Petitioner's Administrative Complaint charging that Respondent certified a survey at a time when his license was inactive and that Respondent was without knowledge regarding the accuracy of this survey which allegedly contained material errors and omissions. Petitioner submitted proposed findings of fact and conclusions of law. To the extent these proposed findings have not been adopted or otherwise incorporated herein, they are found to be subordinate, cumulative, immaterial, unnecessary or not supported by the evidence.
FINDINGS OF FACT
Respondent has been licensed to practice land surveying in Florida at all times relevant to this proceeding. However, between January 31, 1983 and August 27, 1983, his license was inactive due to his failure to renew. His license was reinstated automatically upon payment of the $80 biannual renewal fee in August, 1983, along with payment of a $20 late fee levied by Petitioner.
On May 12, 1983, while his license was inactive, Respondent signed a boundary survey in his capacity as a registered land surveyor which included the following certification:
"I hereby certify that the plat shown hereon
is a true and correct representation of a survey
of the property described in the caption thereof, made under my direction, and is accurate to
the best of my knowledge and belief, and there are no encroachments unless shown."
The property at issue was surveyed by Mr. Teddy O. Potter, who has a surveying business in West Palm Beach, but is not licensed as a land surveyor. Respondent is a former business associate of Potter's and certified the drawing as a favor to Potter.
Respondent had not visited the property or participated in the boundary survey in any way. His certification was based on his inspection of the drawing and faith in Potter whom he had earlier trained.
The property is owned by Mr. Thomas Burdsall who originally retained Potter to survey the property for mortgage purposes in 1979. The survey at issue here was required for the construction of a warehouse. Burdsall again contacted Potter who updated his 1979 drawing without resurveying the property. It should be noted that Respondent was not involved in the earlier survey, which was certified by another Potter associate.
Utilizing Potter's boundary markers and the drawing certified by Respondent, Burdsall's contractor laid out the building and began construction. Potter then did a third (tie- in) survey revising the May 12, 1983 survey to show actual building placement. This tie-in survey revealed no encroachment.
Subsequent to the tie-in survey, City inspectors observed what they believed was encroachment by the partially completed structure. A meeting was held and Potter agreed to call in a registered land surveyor to conduct a resurvey.
Potter retained Mr. Robert Turso, a registered land surveyor, who conducted the resurvey and confirmed the suspected encroachment. As a result, it was necessary to remove and rebuild portions of the newly constructed building at considerable expense to the owner, Thomas Burdsall.
The testimony of Petitioner's expert witness established that the survey certified by Respondent failed to meet certain minimum technical standards recognized in the land surveyors' profession which are set forth in Rule 21HH-6.03, Florida Administrative Code (F.A.C). Specifically, the following deficiencies were identified:
21HH-6.03(4), F.A.C., requires that reference to all bearings be shown and clearly stated. In the subject survey drawing, no bearings were shown.
21HH-6.03(6), F.A.C., requires the survey to comply with the real property description and all discrepancies with the boundary corners from the boundary lines shown by the survey are to be indicated. Here, the corners were not shown nor were the discrepancies between those corners and plat dimensions shown.
21HH-6.03(7), F.A.C., requires all angles to be shown directly on the drawing or by bearings or azimuths. In this survey, no angles were shown.
21HH-6.03(8), F.A.C., requires that the intersection and the distance to the nearest intersection be shown. These requirements were not met.
21HH-6.02(10), F.A.C., requires adjoining lots and blocks be shown in surveys of lots in recorded subdivisions. This requirement was not met.
21HH-6.03(18), F.A.C., requires monuments to be found or set. This was not accomplished, and no corners were shown on the drawing to be found or set.
21HH-6.03(19), F.A.C., requires boundary monuments be appropriately constructed, identified and set. This was not accomplished here.
CONCLUSIONS OF LAW
The relevant statutory provisions, as charged in the Administrative Complaint, are as follows:
Section 455.227(1)(b), Florida Statutes (F.S.), provides for disciplinary action where a licensee intentionally violates a rule of the Board;
Section 472.033(1)(a), F.S., provides for disciplinary action when a licensee violates any provision of Section 455.227(1), F.S.;
Section 472.033(1)(g), F.S., provides for disciplinary action when a licensee is guilty of negligence or misconduct in the practice of land surveying;
Section 473.033(1)(h), F.S., provides for disciplinary action when a licensee fails to perform a statutory or legal obligation or violates a rule of the Board.
"Negligence" is defined by Petitioner's Rule 21HH- 2.01(3), F.A.C., as the failure by the land surveyor to utilize due care in performing in a land surveying capacity or failure to have due regard for acceptable standards of land surveying principles or failure to follow minimal technical standards for land surveying promulgated by the Board.
"Misconduct" is also defined by Petitioner's Rule 21HH- 2.01(5), F.A.C., as used in Section 472.033(1)(g), F.S., in relevant portion as follows:
(b) being untruthful, deceptive, or misleading in any professional report, statement, or testimony whether or not under oath or omitting relevant and pertinent information from such report, statement or testimony when the result of such omission would or reasonably could lead to a fallacious conclusion on the part of the client or the general public.
* * *
(i) affixing his seal and/or signature to drawing plats or other documents required to be sealed pursuant to 472.025(1), Florida Statutes, when such document has not been personally prepared by the registered land surveyor or prepared under his responsible supervision, direction and control;
Rule Chapter 21HH-6, F.A.C., establishes the minimum technical standards required to be observed by registered land surveyors. These standards are specifically enumerated in Rule 21HH-6.03, F.A.C. As noted herein, Respondent violated Rule 21HH-6.03(4), (6), (7), (8), (10), (18) and (19), F.A.C., by certifying the Potter survey of May 12, 1983. As such, Respondent also violated Sections 472.033(1)(g) and (h), F.S., by being guilty of negligence, misconduct and failure to perform a legal obligation held by a licensed land surveyor.
Respondent failed to provide responsible supervision over Potter in his performance of the May 12, 1983 survey prior to Respondent affixing his seal and signature as a licensed land surveyor to the drawing in question.
Respondent therefore violated Rule 21HH-2.01, F.A.C., and, as such, violated Sections 472.033(1)(g) and (h), F.S.
There was no evidence that Respondent intentionally allowed his license to expire or that such expiration had any material affect on the difficulties discussed herein. Therefore, charges pertaining to Respondent's failure to timely renew his license should be dismissed.
RECOMMENDATION
Based on the foregoing, it is
RECOMMENDED that Petitioner enter a Final Order suspending Respondent's license as a land surveyor for a period of four months.
DONE and ENTERED this 14th day of November, 1984 in Tallahassee, Florida.
R. T. CARPENTER Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
FILED with the Clerk of the Division of Administrative Hearings this 14th day of November, 1984.
COPIES FURNISHED:
Joseph Shields, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
Allen R. Smith, Esquire Executive Director Board of Land Surveyors
130 North Monroe Street Tallahassee, Florida 32301
Ralph G. Purvis
Post Office Box 16084
West Palm Beach, Florida 33406
Fred M. Roche, Secretary
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
Joseph W. Lawrence, Esquire Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
=================================================================
AGENCY FINAL ORDER
================================================================= BEFORE THE BOARD OF PROFESSIONAL LAND SURVEYORS
DEPARTMENT OF PROFESSIONAL REGULATION,
Petitioner,
vs. CASE NO. 84-2000
0040908
RALPH G. PURVIS, LICENSE NO. 1955,
Respondent.
/
FINAL ORDER OF THE
BOARD OF PROFESSIONAL LAND SURVEYORS
This cause came before the Board of Professional Land Surveyors (Board) pursuant to Section 120.57(1)(b)(8), Florida Statutes on November 29, 1984 in Tallahassee, Florida for the purpose of considering the recommended order issued by hearing officer R. T. Carpenter on November 14, 1984 and any exceptions filed thereto. Petitioner was represented by Joseph W. Lawrence, II, Esquire; Respondent was represented by himself. Upon consideration of the recommended order and based upon a review of the complete record in this case, the Board hereby finds and concludes as follows:
FINDINGS OF FACT
The hearing officer's findings of fact are approved and adopted and incorporated by reference herein.
There is competent, substantial evidence to support the Board's findings of fact.
CONCLUSIONS OF LAW
The hearing officer's conclusions of law are approved and adopted and incorporated by reference herein. The Board hereby rejects the hearing officer's conclusions of law regarding Sections 21HH-6.03(8) and (10), F.A.C.
There is competent substantial evidence to support the Board's conclusions of law.
PENALTY
Based upon a review of the complete record in this case, the Board hereby determines that the penalty recommended by the hearing officer be increased. In support of increasing the penalty, the Board relies upon the findings of fact contained in the recommended order, specifically paragraphs four and five which indicated that Respondent had not visited the property or participated in the boundary survey in any way. Nor had Respondent participated in the earlier survey of the property in 1979. Respondent's signing of surveys for Potter appeared to be on a routine basis with no supervision. Therefore, it is hereby determined that:
Respondent's license to practice land surveying be suspended for 6 months. Following the termination of the 6 months, Respondent shall be on probation for
27 months, during which time he shall submit 25 surveys representative of his land surveying practice which shall be accompanied by field notes to the Board for its review. Five surveys shall be submitted within three months from the date of the termination of the suspension; thereafter, five surveys shall be submitted at six months intervals during the period of probation. Respondent shall pay an administrative fine of $1,200.00 to the Board within 30 days from the filing of this order. This order takes effect upon filing.
Respondent may appeal this order within 30 days of its filing pursuant to Section 120.68, Florida Statutes and the Florida Rules of Appellate Procedure.
DONE AND ORDERED this 10th day of January, 1985.
Board of Professional Land Surveyors
LEIF JOHNSON
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was furnished by hand to Joseph W. Lawrence, II, Esquire, 130 North Monroe Street, Tallahassee, Florida 32301 and to RALPH G. PURVIS, Florida, , this 15th day of January, 1985.
(blank line on document filed with DOAH)
Beverly D. Allen
Docket for Case No: 84-002000
Orders for Case No: 84-002000
| Issue Date |
Document |
Summary |
|
Jan. 10, 1985 |
Agency Final Order
|
|
|
Nov. 14, 1984 |
Recommended Order
|
Surveyor must personally have knowledge of property. Past surveys are not sufficient knowledge.
|
