wd / . _ STATE OF FLORIDA i) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION & BOARD OF PROFESSIONAL SURVEYORS AND MAPPERST,., ~\ un’ é caer DEPARTMENT OF BUSINESS AND OWES & oO PROFESSIONAL REGULATION, Roe, aA CEA 2 Petitioner, Pe oS “ vs. Case No. 97-17162 KENNETH JOE MONIE, 00-1 707 Respondent. / nO ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (hereinafter "Petitioner"), files this Administrative Complaint before the Board of Professional Surveyors and Mappers against KENNETH JOE MONIE (hereinafter "Respondent"), and na le alleges: 1. Petitioner is the state agency charged with regulating the practice of professional surveying and mapping, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 472, Florida Statutes. 2. Respondent is, and has been at all times material “hereto, a licensed surveyor in the state of Florida, having been ~ issued license number Ls 0004655. . 3. Respondent's address of record is 4227 North Davis Highway, #A, Pensacola, Florida 32503. 4, At all times material hereto, Respondent did business tii. ws . . od as KJM Surveying without holding a certificate of authorization. . COUNT I 5. Petitioner realleges and incorporates paragraphs 1 - 4 as though fully stated herein. 6. On or about May 7, 1997, Respondent produced a general survey of the Southwest Corner of the NW % of the SW % of Section 16, Township 1 South, Range 31 West, Escambia County, Florida. 7. Respondent failed to follow minimum technical standards for land surveying in violation, of Rule 61G17-6, Florida Administrative Code. The following deficiencies were found: (a) Respondent failed to show a Certificate of Authorization number on his survey in violation of 61G17- 6.003(2) (c), Florida Administrative Code. (b) Respondent failed to make a determination of the “poundary of real property in complete accord with the: real property description shown thereon or attached thereto violating Rule 61G17-6.0031(1) (b), Florida’ Administrative Code. (c) Respondent failed to furnish sufficient data to substantiate the survey map violating Rule 61G17~-6.003(1) (b), Florida Administrative Code. (d) Respondent failed to substantiate and clearly state references to bearings by survey measurements violating Rule 61617-6.003 (2) (£) (g)> Florida Administrative Code. {e) Respondent failed to clearly indicate and explain WwW WA boundary inconsistencies on the survey violating Rule 61G17- 6.0031(3) (b), Florida Administrative Code. 8. Based on the foregoing, Respondent has violated Section 472.033(1) (h), Florida Statutes, by violating a rule of the Board, specifically, Rule 61G17-6, Florida Administrative Code, which sets forth Minimum Technical Standards for land surveys. COUNT II 9. Petitioner realleges and incorporates paragraphs 1 - 7 as though fully stated herein. ~ 10. Respondent failed to have due regard for acceptable standards of land surveying. 11. Based on the foregoing, Respondent has violated Section 472.033(1)(g), Florida Statutes, by being negligent in the practice of land surveying. COUNT IIL 12. Petitioner realleges and incorporates paragraphs 1 ~- 7 as though fully stated herein. _13. Respondent failed to secure a certificate of authorization while offering services as a business entity. 14. Based on the foregoing, Respondent has violated Section 472.033(1) (h), Florida Statutes, by violating Rule 61G17- 2.003 (2), florida Administrative Code, by offering surveying and mapping services to the public as a business entity without a certificate of authorization. ok ate w w WHEREFORE, Petitioner respectfully requests the Board of Professional Surveyors and Mappers enter an Order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine not to exceed $5,000 per violation, issuance of a reprimand, placement of the Respondent on probation, assessment of costs associated with investigation and prosecution, imposition of any or all penalties delineated within Section (455. 227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 455, and/or 472, Florida Statutes, and/or the rules promulgated owe TE Signed this J * po day of Odabee— , 1999. : q yn. G. THOMAS Chief Attorney COUNSEL FOR DEPARTMENT: Ruby Seymour- Barr F | L E D Senior Attorney Department of Business and Professional Regulation Florida Bar Number 396834 ; DEPUTY CLERK “Department of Business and- ...Professional Regulation cunt } WM thielt Office of General Counsel 1940 North Monroe Street aren 1\o - \9 a-99 Suite 60 Tallahassee, FL 32399-2202 [TGT/RSB/hs Case # 97-17162 PCP: 9-22-99

Docket for Case No: 00-001902