STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, v. Case No. 1403-10806 ELLIS LELAND DYALS, 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, Ellis Leland Dyals, and alleges: lL. 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 surveyor and mapper in the State of Florida, with license number LS 2084. 3! Respondent's address of record is 304 Southwest 3" Avenue, Okeechobee, Florida 34974. 4. A complaint was filed with the Department on March 17, 2914 by Ray Edwards, alleging numerous Minimum Technical Standards errors on a survey as prepared by the Respondent on behalf of their neighbors on May 17, 2014. 5. A review of Respondent’s Survey in question, using the Minimum Technical Standards (“MTS”) in force at that time pursuant to Florida Administrative Code Chapter 5J- 17), showed the following: a. Noncompliance with Rule 5J-17.051(2)(b)2., in that the field notes are indicate the survey was made using GPS. No raw data or adjusted data was maintained for the measurements of this survey. b. Noncompliance with Rule 5J-17.051(2)(b)3., in that the field notes were dated but the measurement and computation records supplied were not dated. These records did not contain sufficient data to substantiate the survey data and insure that the accuracy portions of these standards were met. The field notes show a monument being set under a tree at the southeast corner of lot 66 while the survey shows a monument set in the base of a tree at the southwest comer of Lot 66. This discrepancy is not explained. ¢. Noncompliance with Rule 5J-17.051(3)(b)2. , in that the Subject’s survey contains a title block using a format that infers the surveyor is operating as a business in the yellow pages, there is no certificate of authorization number in this advertising. d. Noncompliance with Rule 5J-17.051(3)(b)7., in that the computed data is not supported by accurate measurements. e. Noncompliance with Rule 5J-17.052(3)(b)15.b.ii., in that the survey data is not verified by redundant measurements or traverse closures. f, Noncompliance with Rule 5J-17.052(2)(b)2.d., in that the rebars set did not have caps bearing the Florida license number of the surveyor. g. Noncompliance with Rule 5J-17.052(2)(b)7., in that the survey did not show the set monuments being set by redundant measurements. h. Noncompliance with Rule 5J-17.063(5) ., in that the title block on the Respondent’s survey indicates he is operating as a business requiring a certificate of authorization license which he does not possess. . 6. 9. 5b., and 6, 7. 10. Florida Administrative Code RuleSJ-17.010(3) states in pertinent part: Licensees ... shall be disciplined for failing to abide by the minimum technical standards set out in Rule Chapter 5J-17.050 through 5J- 17.052, F.A.C. §472.0351(1)(h), Fla. Stat., states in pertinent part: The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken: (h) Failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provision of this chapter, a rule of the board or department... Former §472.0351(1)(g), Fla. Stat., states in pertinent part: The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken: (g) Upon proof that the licensee is guilty of fraud or deceit, or of negligence, incompetency, or misconduct, in the practice of surveying and mapping... COUNT I Petitioner incorporates and restates the allegations in paragraphs 1 ~ 4, 5.a. & Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.051(2)(b)2., and Rule 5J-17.051(2)(b)3 in that the field notes are indicate the survey was made using GPS. No raw data or adjusted data was maintained for the measurements of this survey. _ Also in that the field notes were dated but the measurement and computation records supplied were not dated. These records did not contain sufficient data 3 to substantiate the survey data and insure that the accuracy portions of these standards were met. The field notes show a monument being set under a tree at the southeast comer of lot 66 while the survey shows a monument set in the base of a tree at the southwest corner of Lot 66. This discrepancy is not explained. COUNT II 11, Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.c., and 6, 12. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.051(3)(b)2. , in that the Subject’s survey contains a title block using a format that infers the surveyor is operating as a business in the yellow pages, there is no certificate of authorization number in this advertising. COUNT III 13. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.d., and 6, 14. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule in Rule 5J-17.051(3)(b)7., in that the computed data is not supported by accurate measurements. COUNT IV 15. __ Petitioner incorporates and restates the allegations in paragraphs | — 4, 5.e., and 6, 16. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.052(2)(a)4., in that nothing is dimensioned in any manner on the survey map as required by this Rule except for the fence location. 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-17.052(3)(b)15.b.ii., in that the survey data is not verified by redundant measurements or traverse closures. 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-17.052(2)(b)2.d., in that the rebars set did not have caps bearing the Florida license number of the surveyor. COUNT VII 21. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.g., and 6, 22. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.052(2)(b)7., in that the survey did not show the set monuments being set by redundant measurements. COUNT VIII 23. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 6 & 7. 24, Respondent violated §472.0351(1)(o), Fla. Stat., by aiding and assisting an unlicensed entity to practice surveying and mapping. The survey notes “Leland Dyals Land Surveying”, yet there is no current certificate of authorization for this business entity. A “Leland Dyals Surveying, Inc.” was issued an LB license no. 5860 was issued on December 17, 1990, but became “Null and Void” on December 17, 1994. 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 all 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 this | git day of Ny ovewbi— , 2014. Department of Agriculture and Consumer Services 2005 Apalachee Parkway Tallahassee, Florida 32301 (800) 410-3775 (850) 410-3797 (telefacsimile) Patrick.Creehan@FreshFromFlorida.com pep Date: _[Vev. 3 O14 PCP Members: Esser, sal be tie Coon t~ Ma) G2) ca Certified U.S. Mail, Return Receipt # IM) ISNO_ACD! SQuU2 (i208 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: 15-004787PL