STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, PETITIONER, CASE NO. 1802-09678 V. CASE NO. 1802-09656 EFRAIN LOPEZ, P.S.M. M.E. LAND SURVEYING, INC. RESPONDENTS. ADMINISTRATIVE COMPLAINT Petitioner Department of Agriculture and Consumer Services files this Administrative Complaint before the Board of Professional Surveyors and Mappers (“Board”) against Efrain Lopez and M.E. Land Surveying, Inc., (collectively ‘Respondent’) and in support thereof 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, Respondents were licensed as a professional surveyor and mapper within the state of Florida, having been issued license number LS6792 to Efrain Lopez, PSM, and license number LB7989 to M.E. Land Surveying, Inc. 3. Respondent’s address of record is 10665 SW 190th, Ste. 3110, Cutler Bay, FL 33157. 4. Respondent was retained by Brokers Title of Tampa, LLC to prepare a boundary survey of two parcels in Hillsborough County, Florida, which was completed and certified to Robert E. Thornton and Bank of America, NA and another copy certified to Richard M. Lee and Margaret B. Lee and Wells Fargo NA on or about May 23, 2017. The survey is signed by Efrain Lopez, PSM. 5. The survey conducted and certified by Respondents was later provided to Richard Lee (Complainant) and used for his closing on or about October 31, 2017. Complainant filed a complaint with the Department on January 21, 2018, alleging that the survey prepared by Respondents and provided to him, was originally prepared for another buyer of his property, was revised but not updated for his closing in October 2017. 6. On March 5, 2018, the Petitioner sent Respondent a Notice of Investigation, a request for documents, and a copy of the complaint. 7. On or about March 19, 2018, the Department received a response email from Respondent which included a two-page signed letter, and email correspondence between Respondent and Brokers Title of Tampa, LLC. Additional email correspondence between Petitioner and Respondent occurred on October 24, 2018. No other documents or material were provided by Respondents. 8. In response to the complaint, Respondent M.E. Land Surveying Inc., by and through its President, Geoffrey Harris, indicated that the survey was never represented to be an update of the May 23, 2017 survey. 9. On or about February 27, 2020, Petitioner submitted all available documents received during the investigation of this matter to Stephen E. Sharpe, P.S.M., for an Expert Review. 10. Stephen E. Sharpe, P.S.M., licensed professional surveyor and mapper, provided the Department his Consultant Report on or about March 24, 2020. Mr. Sharpe reviewed and identified the documentation provided by the Department related to Respondent’s May 23, 2017 survey. He reviewed the survey using the Standards of Practice (SOP) pursuant to Chapter 5J-17, Florida Administrative Code (F.A.C.) (Amended 5-11-15), in effect on the date of the survey. 11. Mr. Sharpe’s Consultant Report identified the following issues and possible violations in the boundary survey, issues which may significantly implicate substantive property rights: a. The record boundaries in the survey do not correspond with the description in the plat, and at various points the information within the survey conflicts with the recorded real property description, in violation of Rule 5J-17.052(2), RAC. b. At various points the survey failed to include detailed description to support accuracy, methodology or otherwise substantiate the survey and mapping products for the survey as required by Rule 5J-17.051(3), FAC. c. The survey failed to otherwise conform to the Board’s rules in violation of Section 472.0351(1)(h), F.S. (2019). COUNT I 12. Petitioner incorporates and restates the allegations in paragraphs 1 through 11. 13. Section 472.0351(1)(h), Florida Statutes (2019), subjects a licensed professional surveyor and mapper to discipline for violating a rule of the Board or Department. 14. Rule 5J-17.052(2)(a)1., F.A.C., states: “The surveyor and mapper shall make a determination of the position of the boundary of real property in complete accord with the real property description shown on or attached to the survey map or report.” 15. Respondent violated Section 472.0351(1)(h), Florida Statutes, by failing to locate and position the boundary in complete accord with the legal description of the property, which is required by Rule 5J-17.052(2)(a)1., F.A.C. To wit, Parcel A “Ace Lane” is not shown on Respondent’s survey map. COUNT II 16. Petitioner incorporates and restates the allegations in paragraphs 1 through 11. 17. Section 472.0351(1)(h), Florida Statutes (2019), subjects a licensed professional surveyor and mapper to discipline for violating a rule of the Board or Department. 18. Rule 5J-17.052(2)(a)7.d., F.A.C., states in relevant part: “Surveys of all or part of a lot(s) which is part of a recorded subdivision shall show [...] the dimensioned remaining portion of a lot(s) when part of a lot is included within the description.” 19. Respondent violated Section 472.0351(1)(h), Florida Statutes, by failing to properly dimension the remaining portion of Lot 5 of West Acres Subdivision, as required by Rule 5J-17.052(2)(a)7.d., F.A.C. COUNT II 20. Petitioner incorporates and restates the allegations in paragraphs 1 through 11. 21. Section 472.0351(1)(h), Florida Statutes (2019), subjects a licensed professional surveyor and mapper to discipline for violating a rule of the Board or Department. 22. Rule 5J-17.052(2)(a)8.b., F.A.C., states in relevant part: “Surveys of parcels described by metes and bounds shall show [...] all information called for in the property description, such as point of commencement, course bearings and distances, and point of beginning.” 23. Respondent violated Section 472.0351(1)(h), Florida Statutes, by failing to show on the survey map all the information called for in the legal description of the property, as required by Rule 5J-17.052(2)(a)8.b., F.A.C. COUNT IV 24. Petitioner incorporates and restates the allegations in paragraphs 1 through 11. 26. Section 472.0351(1)(h), Florida Statutes (2019), subjects a licensed professional surveyor and mapper to discipline for violating a rule of the Board or Department. 27. Rule 5J-17.052(2)(a)8.c., F.A.C., states in relevant part: “Surveys of parcels described by metes and bounds shall show [...] a comparison between recorded directions and distances and field measured directions and distances on the boundary when they vary.” 28. Respondent violated Section 472.0351(1)(h), Florida Statutes, by not accurately showing the comparison between recorded and field measured distances on the survey, in violation of Rule 5J-17.052(2)(a)8.c., F.A.C. COUNT V 29. Petitioner incorporates and restates the allegations in paragraphs 1 through 11. 30. Section 472.0351(1)(h), Florida Statutes (2019), subjects a licensed professional surveyor and mapper to discipline for violating a rule of the Board or Department. 31. Rule 5J-17.052(2)(c)l.a., F.A.C., states in relevant part: “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. Where evidence of inconsistency is found, the nature of the inconsistency shall be shown upon the survey map, such as: Overlapping descriptions or hiatuses.” 32. Respondent violated Section 472.0351(1)(h), Florida Statutes, by failing to show on the survey map the boundary inconsistency of the hiatus between Ace Lane and the included portion of Lot 5, as required by Rule 5J-17.052(2)(c)1.a., F.A.C, COUNT VI 29. Petitioner incorporates and restates the allegations in paragraphs 1 through 11. 30. Section 472.0351(1)(h), Florida Statutes (2019), subjects a licensed professional surveyor and mapper to discipline for violating a rule of the Board or Department. 31. Rule 5J-17.052(2)(c)3., F.A.C., states: “All apparent physical use onto or from adjoining property must be indicated, with the extent of such use shown or noted upon the map.” 32. Respondent violated Section 472.0351(1)(h), Florida Statutes, by failing to show or note the extents of the driveway across adjoining land on the survey map, as required by Rule 5J-17.052(2)(c)3., F.A.C. COUNT VII 29. Petitioner incorporates and restates the allegations in paragraphs 1 through 11. 30. Section 472.0351(1)(h), Florida Statutes (2019), subjects a licensed professional surveyor and mapper to discipline for violating a rule of the Board or Department. 31. Rule 5J-17.052(2)(d)1., F.A.C., states: “All recorded public and private right-of-way shown on applicable recorded plats adjoining or across the land being surveyed shall be located and shown upon the map.” 32. Respondent violated Section 472.0351(1)(h), Florida Statutes, by failing to note or even show the right of way of Thonotosassa Road on the survey map, as required by Rule 5J-17.052(2)(d)1., F.A.C. 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 Five Hundred Dollars ($500.00) 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 2nd day of December, 2020. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Olorunfunm. O. Ojetayo Senior Attorney [FBN 118366] Office of the General Counsel funmi.ojetayo@fdacs.gov Fax: (850) 245-1001 PCP Date: October 28, 2020 PCP Members: Steven Hyde (Chair) Robin Petzold Keith Fountain Certified U.S. Mail, Return Receipt #__9590 9402 3794 8032 3383 90 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 attorney’s fees related to the investigation and prosecution of the case against the Respondent in addition to any other discipline imposed.

Docket for Case No: 21-000142