Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS
Respondent: CLYDE O. MCNEAL
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: May 04, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 27, 2000.
Latest Update: Dec. 22, 2024
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STATE OF FLORIDA Ye
DEPARTMENT OF BUSINESS AND PROFESSIONES,QREGUBAT
BOARD OF PROFESSIONAL SURVEYORS AMDZMAPPERS PO)
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DEPARTMENT OF BUSINESS AND CPO, ey
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Petitioner, x» IF {
vs. Case No. 97-18659
CLYDE 0. MCNEAL,
Respondent.
/
ADMINISTRATIVE COMPLAINT
REGULATION (hereinafter "Petitioner"), files this Administrative
Complaint before the Board of Professional Surveyors and Mappers
against CLYDE 0. MCNEAL (hereinafter "Respondent"), and 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. TT ore
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 0002883.
3. Respondent's address of record is 2000 North Florida
Mango Road, Suite 202, W. Palm Beach, Florida 33409.
COUNT I
4. Petitioner realleges and incorporates paragraphs 1 - 3
4 Y
as though fully stated herein.
5. In or about July, 1996, Respondent produced an special
jurpose survey of Lot 7 & 8, Block 7, Lake Addition to Boynton
Beach, Palm Beach County, Florida.
6. 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 maintain field notes or records of
measurement to show how the vertical data is tied to the
ssenchmark.
(b) Respondent failed to maintain and/or furnish sufficient
data to substantiate the survey map violating Rule 61G17-
6.003(1) (b), Florida Administrative Code.
7. 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 IZ
8. Petitioner realleges and incorporates paragraphs 1 - 7
as though fully stated herein.
9. Respondent failed to have due regard for acceptable
standards of land surveying.
10. Based on the foregoing, Respondent has violated Section
472.033(1)(g), Florida Statutes, by being committing fraud or
Pe aed
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deceit, negligence and misconduct in the practice of land
surveying.
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 $5,000 per
violation, issuance of a reprimand, placement of the Respondent
on probation, assessment of costs associated with investigation
and prosecution, imposition of any or all penalties delineated
within Section 455.227(2), Florida Statutes, and/or any other
relief that the Board is authorized to impose pursuant to
Chapters 455, and/or 472, Florida Statutes, and/or the rules
promulgated thereunder.
Signed this jok" day of Dacembar , 1999.
Chief Attorney
COUNSEL FOR DEPARTMENT: . F | | F D
Ruby Seymour-Barr ;
Senior Attorney Department of Business and Professional Reguiation
Florida Bar Number 396834 DEPUTY CLERK
Department of Business and
Professional Regulation
Office of General Counsel oxen eeradmt
1940 North Monroe Street, Suite 60 pare | A -\S$-49
Tallahassee, FL 32399-2202
TGT/RSB/hs ,
Case # 97-18659
PCP: 9/22/99
Docket for Case No: 00-001911
Issue Date |
Proceedings |
Oct. 27, 2000 |
Order Closing File issued. CASE CLOSED.
|
Oct. 26, 2000 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Sep. 29, 2000 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for October 30, 2000; 9:30 a.m.; Tallahassee, FL).
|
Sep. 25, 2000 |
Petitioner`s Notice of Conflict of Notice of Hearing filed.
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Sep. 25, 2000 |
Petitioner`s Response to Respondent`s First Request for Production of Documents (filed via facsimile).
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Sep. 18, 2000 |
Order issued. (Prehearing hearing instructions and ruling on motions)
|
Sep. 08, 2000 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for October 23, 2000; 9:00 a.m.; Tallahassee, FL).
|
Sep. 08, 2000 |
Prehearing Stipulation (filed via facsimile).
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Sep. 08, 2000 |
Joint Motion for Emergency Continuance of Formal Hearing (filed via facsimile).
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Aug. 31, 2000 |
Notice of Filing filed.
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Aug. 31, 2000 |
Respondent`s First Request for Production of Documents filed.
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Aug. 30, 2000 |
Respondent`s Motion to Strike the Administrative Complaint (filed via facsimile).
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Aug. 28, 2000 |
Respondent`s First Request for Produciton of Documents (filed via facsimile).
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Aug. 28, 2000 |
Notice of Filing (filed via facsimile).
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Aug. 28, 2000 |
Respondent`s Response to Petitioner`s Motion to Compel Discovery (filed via facsimile).
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Aug. 25, 2000 |
Notice of Telephonic Hearing issued (telephonic hearing set for August 30, 2000; 9:00am).
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Aug. 17, 2000 |
Petitioner`s Motion to Compel Discovery (filed via facsimile).
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Aug. 15, 2000 |
Order issued. (Motion for Reconsideration of Respondent`s Motion for Protective Order is Denied)
|
Aug. 11, 2000 |
Petitioner`s Response to Respondent`s Motion for Reconsideration of Respondent`s Motion for Protective Order (filed via facsimile).
|
Aug. 10, 2000 |
Respondent`s Motion for a Reconsideration of Respondent`s Motion for Protective Order (filed via facsimile).
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Aug. 10, 2000 |
Petitioner`s Response to Respondent`s Request for Admissions (filed via facsimile).
|
Aug. 04, 2000 |
Order of Pre-hearing Instructions issued.
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Aug. 04, 2000 |
Order issued. (Respondent motion for protective order is denied)
|
Aug. 04, 2000 |
Respondent`s Motion to Quash Subpoena filed.
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Aug. 02, 2000 |
Response to Motion for Protective Order. (filed by Petitioner via facsimile)
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Aug. 01, 2000 |
Respondent`s Motion for a Protective Order filed.
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Jul. 12, 2000 |
Notice of Filing; Respondent`s First Request for Admissions filed.
|
Jul. 12, 2000 |
Respondent`s Response to Petitioner`s Discovery and Request for Admissions filed.
|
Jun. 30, 2000 |
Order Denying Respondent`s Motion to Dismiss sent out.
|
Jun. 30, 2000 |
Order Granting Continuance and Re-scheduling Hearing sent out. (hearing set for September 18, 2000; 9:00 a.m.; Tallahassee, FL)
|
Jun. 29, 2000 |
Respondent`s Motion for Enlargement of Time for Discovery and Continuance of Hearing filed.
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Jun. 15, 2000 |
Response Motion to Dismiss (filed by Petitioner via facsimile) filed.
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Jun. 09, 2000 |
Motion to Dismiss (Respondent) filed.
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Jun. 07, 2000 |
Notice of Hearing sent out. (hearing set for July 17, 2000; 9:30 a.m.; Tallahassee, FL)
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Jun. 06, 2000 |
Response to Affirmative Defenses (Petitioner) filed.
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Jun. 02, 2000 |
Answer w/exhibits (Respondent) filed.
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May 31, 2000 |
Notice of Filing (filed via facsimile).
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May 30, 2000 |
Letter to T. S. Madison from Judge J. D. Parrish sent out. Re: Response to letter dated May 11, 2000
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May 22, 2000 |
Joint Response to Initial Order (filed via facsimile).
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May 15, 2000 |
Ltr. to S. Smith from T.S. Madson II RE: Move to Strike the letters of the Department of Professional Regulation of May 3, 2000 filed.
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May 11, 2000 |
Initial Order issued. |
May 04, 2000 |
Request for Formal Administrative Hearing filed.
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May 04, 2000 |
Administrative Complaint filed.
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May 04, 2000 |
Agency Referral Letter filed.
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