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. 1310-49572 KEITH A. STEPHENSON, 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, Keith A. Stephenson, 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 6521. 3. Respondent's address of record is 2237 Hampstead Court, Lehigh Acres, Florida 33973-6014, 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 the Respondent on January 27, 2011. 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 records of the measurements taken for this survey were not maintained in accordance with this Rule. b. Noncompliance with 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. ce. Noncompliance with 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. d. Noncompliance with 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. ec. Noncompliance with Rule 5J-17.051(3)(b)8., in that no survey measurement data was supplied to provide assurance that this Rule was complied with. f. Noncompliance with Rule 5J-17.051(3)(b)15.b.ii., in that there was no data provided to assure compliance with this Rule. g. Noncompliance with 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. h. Noncompliance with 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. i. Noncompliance with 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. 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- 17.052, 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. 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 9. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.a., and 6, 7, 10. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.051(2)(b)2., in that the records of the measurements taken for this survey were not maintained in accordance with this Rule. 3 COUNT I tl, Petitioner incorporates and restates the allegations in paragraphs | - 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 patagraphs 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 accwate 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 | — 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 1 — 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 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 du cay of f %) vt » 2014. Departarent of Agriculture and Consumer Services 2005 Apalachee Parkway Tallahassee, Florida 32301 ~ (800) 410-3775 (850) 410-3797 (telefacsimile) Patrick.Creehan@FreshFromFlorida.com PCP Members: Picco, Tel be Ul ¢ Coaner Certified U.S. Mail, Retum Receipt #70! JS7O COO! > SUE 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: 15-000088PL