Received Event (Event Succeeded) Date: 1/2/2005 Time: 8:32 PM Pages: 8 Duration: 2 min 30 sec Sender: 8504146749 Company: Fav Numhee: Suthiact- th @1/92/2885 28:32 9584146749 -DEPR OGA PAGE 93/08 | de ~ STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ; Petitioner, A 5- 000 { p eo v. Soe , +. Case No. 200201940 JAMES ANDREW FOWLER, Respondent. / ADMINIS (VE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (Petitioner), files this Administrative Complaint before the Board of Professional Surveyors and Mappers (Board) against JAMES ANDREW FOWLER (Respondent), and alleges: 1. Petitioner is the state agency charged with regulating the practice of land surveying and mapping, pursuant to Section 20.165, Florida Statutes (2000), and Chapters 455 and 472, Florida Statutes. 2. At all times material hereto, Respondent was licensed in the State of Florida as a Land Surveyor;-License number LS 0002791. 3. Respondent's address of record with the Department is 825 13 Lane, Vero Beach, Florida, 32960. . , 4, ~ In 1983, Respondent did the original plat of Orchid Isle Estates in Indian River County for the owner/developer. 5, Donald D. Daniels (Daniels) was later hired by a title insurance company as an expert to review the numerous surveys for the Orchid Isle Estate subdivision. ; Received Event (Event Succeeded) Date: 1/2/2005 Time: 8:32 PM Pages: 8 Duration: 2 min 30 sec Sender: 8504146749 Company: Fev Numbar: Suhiart- th 81/82/2005 28:32 9504146749 DEPR OGA PAGE 24/88 L. | _ 6. Daniels discovered that Orchid Isle Estate, Plat Book 12, Page 34, Indian River: - County contained mistakes and omissions and failed to met the minimum technical standards. This plat was done and signed by Respondent. 7. Inaddition, Daniels discovered that Respondent filed an affidavit in 1989 increasing the frontage of one lot fram 109.59’ feet to 129.56 feet and filed another affidavit in 1995 to correct the 1989 affidavit by reducing the frontage from 120” feet to 110” feet. 8. Based on these discoveries, Daniels filed a complaint with the Department alleging Respondent’s noncompliance with Chapter 177, Florida Statutes. ; 9. Section '472.033(1)(h), Florida Statutes, authorizes disciplinary action to-be taken ‘against a licensee for failing to perform any statutory or legal obligation placed upon a Ticensed surveyor and mapper, violating any provision of chapter 472, and for failing to comply with any order or rule prommigated by the Board. 10, Section 177.091(8), Florida Statutes (1987), the governing statutory language at the time the survey was prepared, states in pertinent part that “P.C.P.’s [permanent control points] .. shall be referred to in the surveyor's certificate.” . 11. Respondent failed to refer to the P.C.P,’s in his surveyor’s certificate, a violation of Section 472.033(1){h), Florida Statutes through a violation of Section 177.091(8), Florida Statutes (1987). . 12, _ Section 177.091(10), Florida Statutes (1987), the governing statutory language at the time the survey was prepared, states in pertinent part'that “the name of the city, town, village, county, and state in which the land being platted is situated shall appear under the name of the plat as applicable.” Received Event (Event Succeeded) Date: 1/2/2005 Time: 8:32 PM Pages: 8 Duration: 2 min 30 sec Sender: 8504146749 Company: Fay Numhar: Suhiact- Tr 81/e2/28e85 28:32 9584148749 ; DBPR OGA PAGE 95/288 | L ube ~ 13. Respondent failed to refer to include the name of the county and state under the name of the plat, a violation of Section 472.033(1)(h), Florida Statutes, through a violation of Section 177.091(10), Florida Statutes (1987). ; 14. Section 177.141, Florida Statutes (1987), the governing statutory language at the time the survey was prepared, states in pertinent part that an affidavit confirming error or omission may be recorded but must state that the subject property has been re-surveyed within __ the last 10 days and no evidence exists on the ground that would conflict with the corrections stated in the affidavit. . 15, Respondent failed to perform a re-survey of the subject property, a violation of Section 472.033(1)(h), Florida Statutes, through a violation of Section 177.141, Florida Statutes (1987). 16, Section 472.033(1\), Florida Statutes, authorizes disciplinary action to be taken against a licensee for “making or filing a report or record that the licensee knows to be false...” 17.. Respondent, in the capacity of a registered Jand surveyor, filed the 1989 and 1995 affidavits which he knew to be false, a violation Of Section 472 033(1\h), Florida Statutes, through a violation of Section 472.033(1)(e), Florida Statutes. 18. Section 472.033(1)(g), Florida Statutes, authorizes disciplinary action to’be taken against a licensee “upon proof that the licensee is guilty of fraud or deceit, or of negligence, , incompetency, or misconduct in the practice of surveying and mapping.” . 19, Respondent, in the capacity ofa registered land surveyor, filed two false affidavits that he knew to be false, a violation of Section 472.033(1(g), Florida Statutes. 20. Section 455.227(1)0), Florida Statutes, authorizes disciplinary action to be taken - against a licensee who makes or file a report “which the licensee knows to be false.” Received Event (Event Succeeded) Date: 1/2/2005 Time: 8:32 PM Pages: 8 Duration: 2 min 30 sec Sender: 8504146749 Company: Fav Numbar: Subiart- Tr @1/02/2885 29:32 95941456749 DEPR OGA PAGE 86/288 — ; : i Le 21. Respondent, in the capacity of a registered land surveyor, filed two false affidavits that he knew to be false, a violation of Section 455.227(1)(), Florida. COUNT ONE 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-one as though fully set forth in this Count One. 23. Based on the foregoing, the Respondent has violated Section 472.033(1)()), Florida Statutes, through a violation of Section 177.091(8), Florida Statutes (1989, ‘and is subject to discipline as provided by 472.033, Florida Statutes. COUNT TWO 24, Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-one as though fully set forth in this Count Two. 25. Based on the foregoing, the Respondent has violated Section 472.033(1)(b), Florida Statutes, through a violation of Section 177,091(10) (1987), Florida Statutes and is subject to discipline as provided by 472.033, Florida Statutes. — COUNT THREE 26. Petitiover realleges and incorporates the allegations set forth in paragraphs one through twenty-one as though fully se forth in this Count Three. : 21. Based on the foregoing, the Respondent has violated Section 472. 72.033(1)¢0), _ Florida Statutes, through a violation of Section 177.141 (1987), Florida Statutes and is subject to discipline as provided by 472. 033, Florida Statutes. COUNT FOUR 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-one as though fully set forth in this Count Four. Received Event (Event Succeeded) Date: 1/2/2005 Time: 8:32 PM Pages: 8 Duration: 2 min 30 sec Sender: 8504146749 Company: Fav Numhar: uhiart qT 81/82/2085 20:32 9504146749 pape "DGA” | aL. we 29. . Based on the foregoing, the Respondent has violated Section 472.033(1)(h), Florida Statutes, a through a violation of Section 472.033(1)(e), Florida Statutes and.is subject to discipline as provided by 472.033, Florida Statutes. COUNT FIVE 30. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-one as though fully set forth in this Count Five. 31. Based on the foregoing, the Respondent has violated Section 472.033(1)(g), Florida Statutes and is subject to discipline as provided by 472.033, Florida Statutes. - COUNT SIX . 32, Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-one as though fully set forth in this Count Six. 33. Based on the foregoing, the Respondent has Section 455.227(1)()), Florida Statutes and is subject to discipline as provided by 472.033, Florida Stanstes. WHEREFORE, Petitioner respectfully requests the Board enter an order imposing one or more of the following penshies: revocation or suspension of Respondent's license, imposition of an administrative fine not to exceed One Thousand Dollars ($1,000.00) for each count or separate offense, issuance of a reprimand, placement of Respondent on probation, restriction of Respondent’s authorized scope of practice, assessment of costs associated with investigation and prosecution, imposition of any or all penalties delineated within Section 455,227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 455 and/or 472, Florida Statutes, and/or the rules promulgated thereunder. PAGE 87/88 Received Event (Event Succeeded) Date: 1/2/2005 Pages: 8 Sender: 8504146749 Fay Numher: tT 01/82/2885 28:32 8504146749 rod 97° Signed this °“ ent: Counsel for the Departm: Charles J. Pellegrini Assistant General Counsel Florida Bar No, 989274 ‘Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2202 Telephone: (850) 414-6088 Facsimile: (850) 414-6749 GSH: CIP - Case No. 02-01940 PCP: 1/12/04 Blankenship, Echezebel & Time: 8:32 PM Duration: 2 min 30 sec Company: Suhiart- DBPR OGA PAGE 988/08 cote ; Assistant General Counsel

Docket for Case No: 05-000001PL