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. 1608-32335 RALPH SWERDLOFF, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Agriculture and Consumer Services (“Department”), files this Administrative Complaint before the Board of Professional Surveyors and Mappers (“Board”), against Respondent, Ralph Swerdloff, 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 3411. 3. Respondent's address of record is 370 Waymont Court, Lake Mary, FL 32746. 4. A complaint was filed by Evelyn Broxterman, with the Board on June 17, 2016, stating that that the Respondent prepared the subject survey as a required document for a mortgage purchase in 2013. The Complainant alleges the survey for 4886 Hancock Lake Road, Lakeland, FL, completed on January 24, 2013, failed to include a platted easement. 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)3., F.A.C, in that the survey field notes are based on angles and distances radiated as side shots from three random traverse points. The survey contains bearings and distances computed between these points. The records submitted do not contain sufficient data to substantiate the survey map and insure that the accuracy portions of these standards have been met. b. Noncompliance with Rule 5J-17.051(3)(b)4., F.A.C., in that note 9 of the General Notes of the Respondent’s survey contains a statement that the original seal must be in place for the survey to be valid. However, note 9 does not contain the requirement of the signature of a Florida licensed surveyor and mapper. c. Noncompliance with Rule 5J-17.051(3)(b)8., F.A.C., in that the bearings and distances shown on the survey are not substantiated by survey measurements. d. Noncompliance with Rule 5J-17.051(3)(b)15.b.(ID)., F.A.C., in that the survey was controlled by thee random control points none of which were verified by redundant measurements. e. Noncompliance with Rule 5J-17.052(2)(a)7.c., F.A.C., in that the survey does not tie to the nearest street intersection, right of way intersection or other identifiable reference point. f. Noncompliance with Rule 5J-17.052(2)(b)7, F.A.C., in that all but two of the monuments located using side ties were not substantiated by redundancy of measurements. g. Noncompliance with Rule 5J-17.052(2)(c)3., F.A.C., in that there is an encroachment of the driveway onto adjoining Lot 10 that is not dimensioned adequately to show the location or extent of the encroachment. h. Noncompliance with Rule 5J-17.052(2)(d)2., F.A.C., in that the easement for ingress/egress that appears on the plat of Hancock Lake Place is not located nor shown upon the map. 6. Florida Administrative Code Rule 5J-17.010(3) states in pertinent part: Licensees ... shall be disciplined for failing to abide by the minimum technical standards set out in Rule 5J-17.050 through 5J-17.052, F.A.C. 7. Former §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... COUNT I 8. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.a., and 6, 9. 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 the survey field notes are based on angles and distances radiated as side shots from three random traverse points. The survey contains bearings and distances computed between these points. The records submitted do not contain sufficient data to substantiate the survey map and insure that the accuracy portions of these standards have been met. COUNT Il 10. Petitioner incorporates and restates the allegations in paragraphs | — 4, 5.b., and 6, 11. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.051(3)(b)4., F.A.C., in that note 9 of the General Notes of the Respondent’s survey contains a statement that the original seal must be in place for the survey to be valid. However, note 9 does not contain the requirement of the signature of a Florida licensed surveyor and mapper. COUNT Il 12. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.c., and 6, 13. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.051(3)(b)8., F.A.C., in that the bearings and distances shown on the survey are not substantiated by survey measurements. COUNT IV 14. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.d., and 6, 15. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.051(3)(b)15.b.(ID)., F.A.C., in that the survey was controlled by thee random control points none of which were verified by redundant measurements. COUNT V. 16. Petitioner incorporates and restates the allegations in paragraphs 1 — 4, 5.e., and 6, 17. Respondent violated §472.0351(1)(h), Fla. Stat., through a violation of Florida Administrative Code Rule 5J-17.052(2)(a)7.c., F.A.C., in that the survey does not tie to the nearest street intersection, right of way intersection or other identifiable reference point. 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)\{b)7, F.A.C., in that all but two of the monuments located using side ties were not substantiated by redundancy of measurements. 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)(c)3., F.A.C., in that there is an encroachment of the driveway onto adjoining Lot 10 that is not dimensioned adequately to show the location or extent of the encroachment. 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)(d)2., F.A.C., in that the easement for ingress/egress that appears on the plat of Hancock Lake Place is not located nor shown upon the map. 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 ($1000.00) 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 2Uth day of __ Octo per 2016. Department of Agriculture and Consumer Services 2005 Apalachee Parkway Tallahassee, Florida 32301 (850) 245-1029 (850) 245-1000 (telefacsimile) Courtney.Frazier@FreshFromFlorida.com PCP Date: Dclovey 2. 201 PCP Members: Fusco ,Talvott, Cooniee Certified U.S. Mail, Return Receipt #JO|1 5") ) apa Wis x04 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: 17-001614PL