Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: ELLIS LELAND DYALS
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Agriculture and Consumer Services
Locations: Sebastian, Florida
Filed: Aug. 26, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 24, 2015.
Latest Update: Dec. 25, 2024
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.
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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
Issue Date |
Proceedings |
Nov. 24, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Nov. 24, 2015 |
Joint Motion to Relinquish Jurisdiction filed.
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Nov. 20, 2015 |
Motion to Compel - Exhibit A filed.
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Nov. 20, 2015 |
Motion to Compel filed.
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Oct. 14, 2015 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 2, 2015; 9:30 a.m.; Sebastian, FL).
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Oct. 13, 2015 |
Petitioner's Unopposed Request for a Continuance filed.
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Oct. 13, 2015 |
Notice of Serving Petitioner's First Request for Production filed.
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Aug. 28, 2015 |
Order of Pre-hearing Instructions.
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Aug. 28, 2015 |
Notice of Hearing by Video Teleconference (hearing set for October 26, 2015; 9:30 a.m.; Sebastian and Tallahassee, FL).
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Aug. 27, 2015 |
Petitioner's Joint Response to Initial Order filed.
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Aug. 27, 2015 |
Initial Order.
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Aug. 26, 2015 |
Notice of Rights and Hearing Request Form filed.
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Aug. 26, 2015 |
Administrative Complaint filed.
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Aug. 26, 2015 |
Agency referral filed.
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