STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, Vv. Case No. 1410-45952 A93102 DONALD T. RAMSAY, 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, Donald T. Ramsay, 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 surveyor and mapper in the State of Florida, with license number LS 5851. 3. Respondent's address of record is 2900 Calusa Street, Miami, Florida 33133- 3905. 4. A complaint was filed by Frank Culotta with the Department’s Regulatory Investigation Section on October 28, 2014, alleging that the Respondent set the stakes for the construction layout in the wrong locations and the survey had inaccuracies. The complainant further alleged that the Respondent only located one of the corner stakes on the lot and set the lot up on a 90 degree, where as it should have been set up on an 87 degree. The complainant stated that he had to move the house form boards back 1.5 feet, pad out the west elevation one inch to get it in compliance with the setback requirements, relocate plumbing pipes and reduce the length of the house to make the corrections. 5. A review of Respondent’s Survey in question, using the Minimum Technical Standards (“MTS”) in force at that time pursuant to former Florida Administrative Code Chapter 5J-17, showed the following: a. Noncompliance with Rule 5J-17.051(2)(b)2., F.A.C, in that records of measurements have not been maintained by the surveyor for this survey. b. Noncompliance with Rule 5J-17.051(2)(b)3., F.A.C., in that measurement and computation records have not been maintained by the surveyor to substantiate the survey map and insure accuracy. c. Noncompliance with Rule 5J-17.051(3)(b)2., F.A.C., in that the street and mailing address of the surveyor and mapper is not shown on the survey map. d. Noncompliance with Rule 5J-17.051(3)(b)5., F.A.C., in that the letters of the note regarding lack of professional liability insurance do not appear to be %” high. e. Noncompliance with Rule 5J-17.051(3)(b)11, F.A.C., in that the abbreviations (P), SWK, LD., F.F, SQ.FT and CL are not included in the legend. f. Noncompliance with Rule 5J-17.052(2)(a)1, F.A.C., in that the description listed on the map refers to “Hollywood Pines” but lists recording information for “Amended Plat of Hollywood Pines”. g. Noncompliance with Rule 5J-17.052(2)(a)1., F.A.C., in that the measured distance to the “block corner” is not shown on the survey drawing and the plat distance shown is not correct. h. Noncompliance with Rule 5J-17.052(2)(b)3., F.A.C., in that the monument, if any, at the “block corner” is not described. i. Noncompliance with Rule 5J-17.052(2)(c)2., F.A.C., in that the fence along the rear lot line is not dimensioned in relation to the boundary. j. Noncompliance with Rule 5J-17.052(2)(d)2., F.A.C., in that the overhead line across the lot near the rear lot line is not dimensioned in relation to the boundary. k. Noncompliance with Rule 5J-17.052(3)(a)., F.A.C, in that there are no field notes of vertical control for the construction layout. 1. Noncompliance with Rule 5J-17.052(3)(c)., F.A.C, in that there are no benchmarks for vertical control of the construction are shown on the survey drawing and no evidence that two benchmarks were placed onsite was provided. m. Noncompliance with Rule 5J-17.053(5)(a)., F.A.C, in that a copy of a signed and sealed final drawing, related calculations and field notes have not been maintained by the surveyor for this survey. 6. Florida Administrative Code Rule5J-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- 17.053, F.A.C. 7. §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... 8. §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 9. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.a., and 6 10. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.051(2)(b)2., F.A.C, in that records of measurements have not been maintained by the surveyor for this survey. COUNT I 11. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.b., and 6 12. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.051(2)(b)3., F.A.C., in that measurement and computation records have not been maintained by the surveyor to substantiate the survey map and insure accuracy. COUNT Il 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)2., F.A.C., in that the street and mailing address of the surveyor and mapper is not shown on the survey map . 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)5., F.A.C., in that the letters of the note regarding lack of professional liability insurance do not appear to be 4” high. 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)11, F.A.C., in that the abbreviations (P), SWK, LD., F.F, SQ.FT and CL are not included in the legend. COUNT VI 18. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.f., and 6 19. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.052(2)(a)1, F.A.C., in that the description listed on the map refers to “Hollywood Pines” but lists recording information for “Amended Plat of Hollywood Pines”. COUNT VII 20. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.g., and 6 21. Respondent violated former §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.052(2)(a)1., F.A.C., in that the measured distance to the “block corner” is not shown on the survey drawing and the plat distance shown is not correct. COUNT VIII 22. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.h., and 6 23. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.052(2)(b)3., F.A.C., in that the monument, if any, at the “block corner” is not described. COUNT Ix 24. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.i., and 6 25. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.052(2)(c)2., F.A.C., in that the fence along the rear lot line is not dimensioned in relation to the boundary. COUNT X 26. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.j., and 6 27. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.052(2)(d)2., F.A.C., in that the overhead line across the lot near the rear lot line is not dimensioned in relation to the boundary. COUNT XI 28. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.k., and 6 29. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.052(3)(a)., F.A.C, in that there are no field notes of vertical control for the construction layout. COUNT XII 30. Petitioner incorporates and restates the allegations in paragraphs 1 — 5.1., and 6 - 31. | Respondent violated §472.0351(1)(g), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.052(3)(c)., F.A.C, in that there are no benchmarks for vertical control of the construction are shown on the survey drawing and no evidence that two benchmarks were placed onsite was provided. COUNT XI 32. Petitioner incorporates and restates the allegations in paragraphs 1 — 5.m., and 6 - 8. 33. Respondent violated §472.0351(1)(g), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.053(5)(a)., F.A.C, in that a copy of a signed and sealed final drawing, related calculations and field notes have not been maintained by the surveyor for this survey. COUNT XIV 34. Petitioner incorporates and restates the allegations in paragraphs 1 — 5, and 7. 35. Respondent violated §472.0351(1)(g), Fla. Stat., by negligently preparing the survey dated May 6, 2014. 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 Oth day of Pugust , 2015. Florida Bar No. 71823 Department of Agriculture and Consumer Services 2005 Apalachee Parkway Tallahassee, Florida 32301 (800) 410-3775 (850) 410-3797 (telefacsimile) Courtney.Frazier@FreshFromFlorida.com PCP Date: Glos PCP Members: Fusco, Cooner_ + Talbot Certified U.S. Mail, Return Receipt # “TO\) - JODO - (AA, "TY 15- x08) 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: 16-001644PL