STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, [S-a0 JO v. Case No. 1310-47637 EXACTA LAND SURVEYORS, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Agriculture and Consumer Services (“Department”), files this Administrative Complaint before the Board of Professional Surveyors and Mappers, against Respondent, Exacta Land Surveyors, Inc., and alleges: 1. Petitioner is the state agency charged with regulating the practice of land surveying and mapping, pursuant to Chapter 472, Florida Statutes. 2. At all times material to this complaint, Respondent was licensed as a professional surveying and mapping business in the State of Florida, with license number LB 7337. 3. Respondent's address of record is 11940 Fairway Lakes Drive, Suite 1, Fort Myers, Florida 33913-8385. 4. A complaint was filed with the Department on October 7, 2013, by Charles Hatcher, alleging numerous Minimum Technical Standards errors on a survey as prepared by Keith A. Stephenson on behalf of the Respondent on January 27, 2011. COUNT II 11. Petitioner incorporates and restates the allegations in paragraphs 1 ~ 4, 5.b., and 6, 7. 12. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.051(2)(b)3., in that the data provided is not sufficient to substantiate the survey map and insure the accuracy portions of these standards have been met. COUNT III 13. Petitioner incorporates and restates the allegations in paragraphs 1 ~ 4, 5.c., and 6, 14. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.051(3)(b)3. , in that the survey contains a field work date of 1/27/11 while the field notes contain a date of 1/26/11. COUNT IV 15. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.d., and 6, 16. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.051(3)(b)7., in that the data was not supplied to confirm accurate survey measurements were made to provide assurance that this Rule was complied with. COUNT V¥ 17. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.e., and 6, 18. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.051(3)(b)8., in that no survey’ measurement data was supplied to provide assurance that this Rule was complied with. COUNT VI 19, Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.f., and 6, 7. 20. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.051(3)(b)15.b.ii,, in that there was no data provided to assure compliance with this Rule. COUNT VII 21. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.g., and 6, 7. 22. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.052(2)(a)1., in that the surveyor relied on found monumentation without verification of the accuracy of the location of the monuments and the relationship to permanent reference monuments or control points shown on the plat. The monuments found were not set by the surveyor of record on the plat. COUNT Vill 23. Petitioner incorporates and restates the allegations in paragraphs | ~ 4, 5.h., and 6, 7. 24. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.052(2)(a)7.c., in that the field notes show a tie to a p.c. in the centerline of Keaton Chase Dr., however, the survey does not show a comparison between field measurements record directions to this point. COUNT IX 23. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.i., and 6,7. 24. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.052(2)(b)7., in that there is no evidence of the boundary monuments were located by a redundancy of measurements or direct traverse. COUNT X 25. Petitioner incorporates and restates the allegations in paragraphs 1 — 5 and 7. 27. Respondent violated §472.0351(1)(g), Fla. Stat., by negligently preparing the survey dated January 27, 2011. WHEREFORE, Petitioner respectfully requests an order from the Board imposing one or more of the following penalties: imposition of an administrative fine not to exceed one thousand dollars ($1,000.00) for each count or separate offense, issuance of a reprimand, assessment of costs associated with investigation and prosecution, imposition of any or ail penalties delineated within Section 472.0351(2), Florida Statutes, and/or any other relief that the Board or the Department is authorized to impose pursuant to Chapter 472, Florida Statutes, and/or the rules promulgated thereunder, Signed trig lft day of A vy é J ,2014. aot Senior — . Florida Bar No. 0063540 Department of Agriculture and Consumer Services 2005 Apalachee Parkway Tallahassee, Florida 32301 (800) 410-3775 (850) 410-3797 (telefacsimile) Patrick.Creehan@FreshFromFlorida.com PCP Date: Boge Hy aiY¥ PCP Members: TUS es , Te / be Ft Cyone~ Certified U.S. Mail, Return Receipt 4 10)) 1590 O00} ¥3ha AT ¥o- NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with §§120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Florida Administrative Code Rule 28-106.111 provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to §472.0351(4)(a), Florida Statutes, the Board may assess costs and attorneys fees related to the investigation and prosecution of the case against the Respondent in addition to any other discipline imposed.

Docket for Case No: 15-000090