STATE OF FLORIDA c : He in em oh DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO ne ae BOARD OF PROFESSIONAL SURVEYORS AND MAPPER§; JAN 17 PH 3 cn 28 DEPARTMENT OF BUSINESS AND DIVISION fy PROFESSIONAL REGULATION, ADMINIS Thay WE HEARINGS Petitioner, Vv. Case No. 99-00675 O!l-0252 PL JOSEPH B. SMITH, Jr., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Board of Professional Surveyors and Mappers against JOSEPH B. SMITH, Jr. ("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. 2. At all times material hereto, Respondent was licensed in the State of Florida as a professional surveyor and mapper, license number LS 0004000. 3. Respondent's address of record is Box 1161, Tarpon Springs, Florida 34688. 4. Respondent is the president of A S & E Associates, Inc. 5. On or about March 10, 1998, John Parks (“Parks”) and Respondent signed a contract for two survey maps, to be completed within sixty days of the signing. 6. The due date for the completed maps was May 8, 1998. 7. On or about September 8, 1998, Respondent provided a Topographic and Right of Way survey map of property located on Dodecanese Boulevard (“Survey Two”). The survey map was first revised on or about January 4, 1999, and subsequently on or about January 9, 1999. 8. On or about October 15, 1998, Respondent provided a Topographic and Boundary survey map of the Old Treatment Plant (“Survey One”), The survey map was first revised on or about January 4, 1999, and subsequently on or about January 9, 1999. 9. The City of Tarpon Springs agreed to provide grant money for the project for which the above-referenced surveys were the basis. 10. As aresult of the delay in performance of the contract, John Parks hired another licensed surveyor to survey the aforementioned property at a cost of $8,180.00. 11. The delay also caused additional construction expenses in the amount of $224,572.40 to complete the project because overtime work had to be performed during non-regular hours and on weekends, in order to meet deadlines imposed by the City of Tarpon Springs for receiving grant SURVEY ONE 12. The topographic and boundary survey, performed by Respondent, was dated October 15, 1998. 13. The property surveyed was the Old Treatment Plant. 14. Respondent revised the survey on or about January 4, 1999. 15. Respondent again revised the survey on or about January 9, 1999. 16. Respondent certified the survey as meeting the minimum technical standards as required by law. 17. The survey did not contain Vertical Control Datum, or in the alternative, indicate which datum was being used. 18. The survey legend did not contain certain abbreviations used in the map. 19. The aforementioned legend does not contain any of the symbols used on the map. 20. The survey does not indicate lot or block numbers. authorized to impose pursuant to Chapters 455 and/or 472, Florida Statutes, and/or the rules promulgated thereunder. Signed this _/ 19" Counsel for the Department: David K. Minacci Assistant General Counsel Florida Bar Number 0056774 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, FL 32399-2202 KM/mad Case #99-00675 PCP: 9/20/00 ay of Cetebe ~ , 2000. Ne Dj David K. Minacci Assistant General Counsel FILED Department of Business and Professional Regulation DEPUTY CLERK cam Prada ile DATE \\ -A / - A000 21. The survey makes no comparison between recorded directions and distances and field measured directions and distances of the portion of the lot itself or to the nearest street centerline or other reference point. 22. The survey contains insufficient factual information to determine if boundary inconsistencies exist. 23. The survey contains no dimensions for the rights-of-way for Live Oak Street and Safford Avenue, which adjoin the lot. 24. The survey depicts graphical improvements that are not dimensionally relationed to the lot boundaries. 25. The survey contains no note or report explaining the representation of intended features. 26. John Parks and Respondent agreed to more stringent standards than normally required for this survey. These standards included but were not limited to the mean high water line, and the Corps of Engineer line and coordinate values. Respondent never satisfied most of these requirements. SURVEY TWO 27. A topographic and right-of-way survey, performed by Respondent, was dated September 8, 1998. 28. The property surveyed was located on Dodecanese Boulevard. 29. - Respondent revised the survey on or about January 4, 1999. 30. | Respondent again revised the survey on or about January 9, 1999. 31. | Respondent certified the survey as meeting the minimum technical standards as required by law. 32. The survey did not contain Vertical Control Datum or indicate which datum was being used. 33. The survey is illegible in certain parts and the line weights of the right-of-way lines are not easily identifiable. 34, 35. 36. There is no legal description of the lot, preventing the determination of discrepancies. There is no centerline or baseline of the right-of-way depicted. The survey fails to make comparisons between recorded directions and distances with field-measured directions and distances of recorded plats adjoining the right-of-way. 37. 38. way line. 39. 40. Certain boundary corners are not labeled, nor are their sizes identified. The survey contains no dimensions to show the relationship of buildings to the right-of- The are no notes regarding underground foundations. The rights-of-way for Dodecanese Boulevard and side streets are indicated on the map, but several width measurements are not indicated. 41. not given. 42. 44, indicated. 45. of-way lines. The dimensioned relationship of indicated buildings to the right-of-way boundaries are The survey does not contain two benchmarks. There is no note or report regarding the representation of intended features. No relationship of the right of way lines with recorded subdivision plat lines is The survey does not indicate a control line or baseline to support the location of right- COUNT I 46. Petitioner realleges and incorporates paragraphs one through forty-two as though fully set forth herein. 47. Based on the foregoing, Respondent violated Section 472.033(1)(g), Florida Statutes, by committing fraud, deceit, negligence, incompetency, or misconduct, in the practice of surveying and mapping. COUNT II 48. Petitioner realleges and incorporates paragraphs one through forty-two as though fully set forth herein. 49. Rule 61G17-6.003(1)(c), Florida Administrative Code, states that all surveys and maps with elevation data shall indicate the datum and a description of the benchmarks upon which the survey is based. © 50. Based on the foregoing, Respondent violated Section 472.033(1)(h), Florida Statutes by failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provisions of this chapter, a rule of the board or department, or lawful order of the board or department. . COUNT IIT. 51. Petitioner realleges and incorporates paragraphs one through forty-two as though fully set forth herein. 52. Rule 61G17-6.003(2), Florida Administrative Code, states that any other abbreviations relating to survey matters must be clearly shown within a legend or notes appearing on the face of the map or report. The surveyor must adequately communicate the survey results to the public. 53. Based on the foregoing, Respondent violated Section 472.033(1)(h), Florida Statutes by failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provisions of this chapter, a rule of the board or department, or lawful order of the board or department. COUNT IV 54. Petitioner realleges and incorporates paragraphs one through forty-two as though fully set forth herein. 55. Rule 61G17-6.0031(1), Florida Administrative Code, states that for a boundary survey the surveyor and mapper shall make a determination of the position of the boundary of real property in accord with the real property description shown on or attached to the survey map or report, any discrepancies between the survey map and the real property must be shown, and all changes in direction shall be shown by bearings. The survey map shall contain lot and block numbers including those of adjoining lots, a comparison between recorded directions and distances with field measured directions and distances when they vary, a comparison between the recorded directions and distances with field measured directions to the nearest street intersection, right of way intersection or other identifiable reference point, and the dimensioned remaining portion of a lot when part of a lot is included in the description. 56. Based on the foregoing, Respondent violated Section 472.033(1)(h), Florida Statutes by failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provisions of this chapter, a rule of the board or department, or lawful order of the board or department. COUNT V 57. Petitioner realleges and incorporates paragraphs one through forty-two as though fully set forth herein. 58. Rule 61G17-6.0031(2), Florida Administrative Code, states that the corners of accurately located real property boundaries as found by a survey are marked so that they may be identified with the help of the survey map. All Corner descriptions shall state the size, material, and cap identification of the monument as well as whether the monument was found or set. 59. Based on the foregoing, Respondent violated Section 472.033(1)(h), Florida Statutes by failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provisions of this chapter, a rule of the board or department, or lawful order of the board or department. COUNT VI 60. Petitioner realleges and incorporates paragraphs one through forty-two as though fully set forth herein. 61. Rule 61G17-6.0031(3), Florida Administrative Code, states that survey maps should present the factual basis of potential boundary inconsistencies in a clear fashion. Potential boundary inconsistencies that the survey process did not attempt to detect shall be clearly indicated and explained on the survey map or in the report. Open and notorious evidence of boundary lines such as fences, walls, or buildings shall be shown on the map together with dimensions sufficient to show their relationship to boundary lines. In all cases where foundations may violate deed or easement lines and are beneath the surface, failure to determine their location shall be noted upon the map or report. 62. Based on the foregoing, Respondent violated Section 472.03 3(1)(h), Florida Statutes by failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provisions of this chapter, a rule of the board or department, or lawful order of the board or department. COUNT VII 63. Petitioner realleges and incorporates paragraphs one through forty-two as though fully set forth herein. 64. Rule 61G17-6.0031(4), Florida Administrative Code, states that all recorded public and private rights of way shown on applicable recorded plats adjoining or across the land being surveyed shall be located on the map. | 65. Based on the foregoing, Respondent violated Section 472.033(1)(h), Florida Statutes by failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provisions of this chapter, a rule of the board or department, or lawful order of the board or department. COUNT VIII 66. Petitioner realleges and incorporates paragraphs one through forty-two as though fully set forth herein. 67. Rule 61G17-6.0031(5)(b), Florida Administrative Code, states that the location of fixed improvements pertinent to the survey shall be graphically shown upon the map and their positions shall be dimensioned in reference to the boundaries, either directly or by offset lines. 68. Based on the foregoing, Respondent violated Section 472.033(1)(h), Florida Statutes by . failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provisions of this chapter, a rule of the board or department, or lawful order of the board or department. COUNT IX 69. Petitioner realleges and incorporates paragraphs one through forty-two as though fully set forth herein. 70. Rule 61G17-6.004(1), Florida Administrative Code, states that for topographic surveys, a minimum of two site benchmarks on or near the survey shall be established and indicated on the survey. 71. Based on the foregoing, Respondent violated Section 472.033(1)(h), Florida Statutes by failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provisions of this chapter, a rule of the board or department, or lawful order of the board or department. COUNT X 72. Petitioner realleges and incorporates paragraphs one through forty-two as though fully set forth herein. 73. Rule 61G17-6.004(2), Florida Administrative Code, states that the surveyor and mapper shall devise a method of reporting which topographic features were intended to be surveyed and mapped, the style of cartographic representation employed for each, and the degree of intended completeness in the surveying and mapping of each feature. 74. Based on the foregoing, Respondent violated Section 472.033(1)(h), Florida Statutes by failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provisions of this chapter, a rule of the board or department, or lawful order of the board or department. . COUNT XI 75. Petitioner realleges and incorporates paragraphs one through forty-two as though fully set forth herein. 76. Rule 61G17-6.005(4), Florida Administrative Code, states that in right of way surveys, the survey map shall indicate the relationship of all section lines, quarter section lines, land grant lines, recorded subdivision lines and recorded subdivision block lines, that lie within or adj acent to the right- of-way that are materially affecting the right of way. Prior to the completion of a right-of-way survey for the purpose of acquisition of property and engineering design, a right-of-way control survey consisting of the center line and the base line, if different, indicating the relationship, supported by field measurements, of all section lines, quarter lines, land grant lines, recorded subdivision boundaries and recorded subdivision block lines that materially affect the right-of-way shall be performed. 77. Based on the foregoing, Respondent violated Section 472.033(1)(h), Florida Statutes by failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provisions of this chapter, a rule of the board or department, or lawful order of the board or department. COUNT XII 78. Petitioner realleges and incorporates paragraphs one through forty-two as though fully set forth herein. 79. Rule 61G17-6.006(2), Florida Administrative Code, states that when more stringent survey standards or requirements than those set forth in this chapter are mandated by the client and agreed to by the surveyor and mapper, the survey shall comply with those survey standards, provided they are within the scope of the surveyor and mapper’s expertise. 80. Based on the foregoing, Respondent violated Section 472.033(1)(h), Florida Statutes by failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provisions of this chapter, a rule of the board or department, or lawful order of the board or department. COUNT XIII 81. Petitioner realleges and incorporates paragraphs one through seventy-seven as though fully set forth herein. 82. Based on the foregoing, Respondent violated Section 455.227(1)(k), Florida Statutes by failing to perform statutory or legal obligation placed upon a licensee. COUNT XIV 83. _ Petitioner realleges and incorporates paragraphs one through seventy-nine as though fully set forth herein. 84. Based on the foregoing, Respondent violated Section 455.227(1)(q), Florida Statutes by violating any provision of this part, the applicable professional practice act, or a rule of the department or board. 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 association with the investigation, imposition of any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is

Docket for Case No: 01-000252PL