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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS vs CLYDE O. MCNEAL, 00-001911 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001911 Visitors: 45
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
VU ) i) ocumm %% STATE OF FLORIDA Ye DEPARTMENT OF BUSINESS AND PROFESSIONES,QREGUBAT BOARD OF PROFESSIONAL SURVEYORS AMDZMAPPERS PO) Soo, F é “ + DEPARTMENT OF BUSINESS AND CPO, ey PROFESSIONAL REGULATION, ay SO aN . ’ - < 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 ! Nw] Nw] 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.
Sep. 25, 2000 Petitioner`s Response to Respondent`s First Request for Production of Documents (filed via facsimile).
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).
Sep. 08, 2000 Joint Motion for Emergency Continuance of Formal Hearing (filed via facsimile).
Aug. 31, 2000 Notice of Filing filed.
Aug. 31, 2000 Respondent`s First Request for Production of Documents filed.
Aug. 30, 2000 Respondent`s Motion to Strike the Administrative Complaint (filed via facsimile).
Aug. 28, 2000 Respondent`s First Request for Produciton of Documents (filed via facsimile).
Aug. 28, 2000 Notice of Filing (filed via facsimile).
Aug. 28, 2000 Respondent`s Response to Petitioner`s Motion to Compel Discovery (filed via facsimile).
Aug. 25, 2000 Notice of Telephonic Hearing issued (telephonic hearing set for August 30, 2000; 9:00am).
Aug. 17, 2000 Petitioner`s Motion to Compel Discovery (filed via facsimile).
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).
Aug. 10, 2000 Petitioner`s Response to Respondent`s Request for Admissions (filed via facsimile).
Aug. 04, 2000 Order of Pre-hearing Instructions issued.
Aug. 04, 2000 Order issued. (Respondent motion for protective order is denied)
Aug. 04, 2000 Respondent`s Motion to Quash Subpoena filed.
Aug. 02, 2000 Response to Motion for Protective Order. (filed by Petitioner via facsimile)
Aug. 01, 2000 Respondent`s Motion for a Protective Order filed.
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.
Jun. 15, 2000 Response Motion to Dismiss (filed by Petitioner via facsimile) filed.
Jun. 09, 2000 Motion to Dismiss (Respondent) filed.
Jun. 07, 2000 Notice of Hearing sent out. (hearing set for July 17, 2000; 9:30 a.m.; Tallahassee, FL)
Jun. 06, 2000 Response to Affirmative Defenses (Petitioner) filed.
Jun. 02, 2000 Answer w/exhibits (Respondent) filed.
May 31, 2000 Notice of Filing (filed via facsimile).
May 30, 2000 Letter to T. S. Madison from Judge J. D. Parrish sent out. Re: Response to letter dated May 11, 2000
May 22, 2000 Joint Response to Initial Order (filed via facsimile).
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.
May 11, 2000 Initial Order issued.
May 04, 2000 Request for Formal Administrative Hearing filed.
May 04, 2000 Administrative Complaint filed.
May 04, 2000 Agency Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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