AGENDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PROBATION REVIEW COMMITTEE

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2 AGENDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PROBATION REVIEW COMMITTEE HILTON SAINT AUGUSTINE HISTORIC BAYFRONT 32 AVENIDA MENENDEZ ST. AUGUSTINE, FLORIDA NOVEMBER 3, :00 AM MEMBERS: Steven Hyde (Chair) Howard Ehmke Nick Campanile I. CALL TO ORDER/ROLL CALL II. III. REVIEW AND APPROVAL OF AUGUST 2015 MINUTES 1 st SET SURVEY REVIEW Billy Ray Davis LS 5099 Case # Licensure Status: Active, Probation Mark Warner Teepe LS4811 Case # Licensure Status: Active, Probation IV. 2 nd SET SURVEY REVIEW Samuel C. Cooler LS 6076 Case # Licensure Status: Active, Probation Danny L. Wilson LS 6756 Case # Licensure Status: Active, Probation V. MOTION TO REMOVE FROM PROBATION Wesley B. Haas LS 3708 Case # Licensure Status: Active, Probation VI. PROBATION SUMMARY Board of Professional Surveyors and Mappers - Probation Packet - Page 2 of 103

3 VII. VIII. IX. OLD/NEW BUSINESS PUBLIC COMMENT ADJOURN Board of Professional Surveyors and Mappers - Probation Packet - Page 3 of 103

4 MINUTES BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PROBATION REVIEW COMMITTEE MEETING Hilton Cocoa Beach Oceanfront Seashore Ballroom 1550 North Atlantic Avenue Cocoa Beach, Florida August 11, :00 AM The meeting was called to order by Steven Hyde, Chair, at 8:00 a.m. MEMBERS PRESENT Steven Hyde (Chair) Nick Campanile Howard Ehmke OTHERS PRESENT Nickolas Fusco, Board Chair Jenna Harper, Executive Director Regenia Lee, Government Analyst Patrick Creehan, Board Counsel Courtney Frazier, Prosecuting Attorney Don Williams Robin Petzold Patrick Talbott Frank Conkling Deborah Hill George Grubbs Herman Williams Bill Rowe Pam Nobles Miguel Garay Alvin Gloer Earl Soeder Danny Williams Dale Bradshaw Jon Chancey Lamar Evers Marilyn Evers Edward Pac Jeffrey Cooner David Melvin Shirley Melvin Wilmer Mathews Renan Lopez de Azua Lou Campanile Donald Lambert Jesse Price Board of Professional Surveyors and Mappers August 2015 Probation Review Committee Meeting Page 1 of 6 Board of Professional Surveyors and Mappers - Probation Packet - Page 4 of 103

5 Brian Rogers Chris Fowler Dustin Shenk REVIEW AND APPROVAL OF THE MAY 2015 PROBATION REVIEW MEETING MINUTES After discussion the following motion was made: MOTION: SECOND: ACTION: Mr. Ehmke made a motion to approve the May 2015 minutes. Mr. Campanile seconded. The motion passed unanimously. 1st SET OF SURVEYS REVIEW Danny L. Wilson LS 6756 Case # Licensure Status: Active, Probation Mr. Wilson was not present at the time of this review. After discussion the following motions were made: MOTION: SECOND: ACTION: Mr. Ehmke made a motion to deny the 1 st Set of Surveys and that Mr. Wilson remain on probation because the 6 surveys collectively did not meet the levels of competency. Mr. Campanile seconded. The motion passed unanimously. Mr. Hyde said that regarding Mr. Wilson s case, it says in 5J (1)(e) to make corrections on surveys as required by the Probation Committee and in 5J (1)(f) to provide the clients with corrected surveys at no cost, and submit documentation to demonstrate compliance with this provision within fourteen days of the date on which the corrections are ordered by the Probation Committee. Mr. Ehmke said that said that he recommends that the Board comply with this rule. 2 nd SET SURVEYS REVIEW Edward A. Pac, Jr. LS 4734 Case # Licensure Status: Active, Probation Mr. Pac was present at the time of this review. After discussion the following motions were made: MOTION: SECOND: ACTION: MOTION: SECOND: ACTION: Mr. Campanile made a motion to approve the 2nd Set of Surveys and that all 6 surveys collectively meet the levels of competency. Mr. Ehmke seconded. The motion passed unanimously. Mr. Ehmke made a motion to to release Mr. Pac from probation. Mr. Campanile seconded. The motion passed unanimously. Board of Professional Surveyors and Mappers August 2015 Probation Review Committee Meeting Page 2 of 6 Board of Professional Surveyors and Mappers - Probation Packet - Page 5 of 103

6 Miguel Jesus Garay LS 6596 Case # Licensure Status: Active, Probation Mr. Garay was present at the time of this review. After discussion the following motions were made: MOTION: Mr. Campanile made a motion to approve the 2nd Set of Surveys and that all 6 surveys collectively meet the levels of competency. SECOND: Mr. Ehmke seconded. ACTION: The motion passed unanimously.. MOTION: Mr. Ehmke made a motion to release Mr. Garay from probation. SECOND: Mr. Campanile seconded. ACTION: The motion passed unanimously. PROBATION SUMMARY Cornerstone Surveying Wellington, Florida LB 7941 Case # Licensure Status: Active Final Order Filed: December 10, 2014 Status: Ms. Harper reported that Cornerstone Surveying has met the requirement by satisfying the fine amount due. After discussion the following motions were made: MOTION: Mr. Campanile made a motion to release Cornerstone Surveying from disciplinary tracking. SECOND: Mr. Ehmke seconded. ACTION: The motion passed unanimously. Emerald Coast Associates, Inc. Santa Rosa Beach, Florida LB 3724 Case # Licensure Status: Active Final Order Filed: June 1, 2015 Status: Ms. Harper reported that they are still within their timeframe requirement to pay their fine. Samuel C. Cooler Saint Johns, Florida LS 6076 Case # Licensure Status: Active, Probation Final Order Filed: October 23, 2014 Status: Ms. Harper reported that Mr. Cooler has satisfied the terms of his final order and his 2 nd Set of Surveys will be presented to the Board at the November 2015 meeting. Board of Professional Surveyors and Mappers August 2015 Probation Review Committee Meeting Page 3 of 6 Board of Professional Surveyors and Mappers - Probation Packet - Page 6 of 103

7 Billy Ray Davis Apollo Beach, Florida LS 5099 Case # Licensure Status: Active, Probation Final Order Filed: February 16, 2015 Status: Ms. Harper reported that Mr. Davis has paid his fines. She said that Proof of Liability Insurance is still outstanding. Miguel Jesus Garay Cape Coral, Florida LS 6594 Case # Licensure Status: Active, Probation Final Order Filed: March 21, 2014 Status: Ms. Harper said that due to the recent vote of the Board, Mr. Garay has been released from probation. J. Sherman Frier & Associates, Inc. Live Oak, Florida LB 7170 Case # Licensure Status: Active Final Order Filed: March 30, 2010 Corrected Final Order Filed: May 7, 2010 Status: Ms. Harper reported that Mr. Frier is continuing to make his payments each month and on time. Phillip Ray King Merritt Island, Florida LS 4202 Case # Licensure Status: Active, Probation Final Order Filed: May 22, 2015 Status: Ms. Harper reported that Mr. King is in compliance. She said that his requirement to take a MTS or SOP course has been completed and reported to the Board office by PDHPRO, LLC, but he has not sent in proof to the PSAM Board office as required. Hector LeBron Orlando, Florida LS 6634 Case # Licensure Status: Active, Probation Final Order Filed: June 1, 2015 Status: Ms. Harper reported that Mr. LeBron is in compliance. LeBron Group Surveying and Mapping Corporation Winter Park, Florida LB 7615 Case # Licensure Status: Active Final Order Filed: June 1, 2015 Status: Ms. Harper reported that Mr. LeBron has until the end of the month to pay his fines. Board of Professional Surveyors and Mappers August 2015 Probation Review Committee Meeting Page 4 of 6 Board of Professional Surveyors and Mappers - Probation Packet - Page 7 of 103

8 Edward A. Pac, Jr. Boca Raton, Florida LS 4734 Case Licensure Status: Active, Probation Final Order Filed: December 13, 2013 Status: Ms. Harper said that due to the recent vote of the Board, Mr. Pac has been released from probation. William A. Read, Jr. Bartow, Florida LS 1311 Case # Licensure Status: Delinquent, Probation Final Order Filed: December 20, 2012 Status: Ms. Harper reported that Mr. Read has still not submitted the requested 2 nd Set of Surveys for review. Ms. Harper also said that he has not renewed his license that expired on February 28, 2015, and would not be doing so unless he received an apology from the Board. She said that at the May 2015 meeting, the Committee made a motion that a Failure to Abide by Final Order would be issued and that Ms. Harper was to refer the investigation as an individual case. She said that the Order was issued and is currently being handled by the Investigation Section. Daniel George Ross Santa Rosa Beach, Florida LS 5856 Case # Licensure Status: Active, Probation Final Order Filed: June 1, 2015 Status: Ms. Harper reported that Mr. Ross is in compliance. Mark Warner Teepe Wellington, Florida LS 4811 Case # Licensure Status: Active, Probation Final Order Filed: December 10, 2014 Status: Ms. Harper reported that Mr. Teepe is in compliance and has submitted the required surveys and they would be mailed out to the Board members next week for review for the November 2015 meeting. Danny L. Wilson Davenport, Florida LS 6756 Case # Licensure Status: Active, Probation Final Order Filed: February 16, 2015 Status: Ms. Harper reported that Mr. Wilson has not paid the required $3, fine and is not in compliance. MOTION: SECOND: ACTION: MOTION: SECOND: ACTION: Mr. Ehmke made a motion that Mr. Wilson s case be stayed. Mr. Campanile seconded. The motion passed unanimously. Mr. Ehmke made an amendment to the motion to submit Mr. Wilson s case for Failure to Abide by Order of the Board. Mr. Campanile seconded. The motion passed unanimously. Board of Professional Surveyors and Mappers August 2015 Probation Review Committee Meeting Page 5 of 6 Board of Professional Surveyors and Mappers - Probation Packet - Page 8 of 103

9 SUSPENDED LICENSES George Marcullous Aylor, Jr. Port St. Lucie, Florida LS 4015 Case # Licensure Status: Active, Probation Final Order Filed: May 30, 2014 Status: Ms. Harper said that Mr. Aylor s stay of suspension was lifted in January James D. Bushouse Arcadia, Florida LS 5817 Case # Licensure Status: Inactive, Suspended Final Order Filed: October 12, 2005 Order Lifting Stay of Suspension April 12, 2007 Status: Ms. Harper said that Mr. Bushouse has allowed his license to become Null and Void and that he does not intend on returning to the profession. Larry Eddy Jacksonville, Florida LS 4144 Case # Licensure Status: Active, Suspended Final Order Filed: February 22, 2012 Status: Ms. Harper said that Mr. Eddy s license has been suspended since May 2013, and his seal has been received by the Board office. David Allen Rick Brooksville, Florida LS 6129 Case # Licensure Status: Active, Probation Final Order Filed: September 11, 2013 Status: Ms. Harper said that Mr. Rick s license has been suspended due to non-compliance. NEW BUSINESS Mr. Hyde said that he would like for the Rules Committee to review the enforcement of correcting surveys and returning them to the public for persons that are on probation. He said that there is a lot of conflict between the Probation Committee and survey reviews that could potentially cause us problems with survey reviews in the future. PUBLIC COMMENT No public comment With no further business to discuss, Mr. Ehmke motioned to adjourn the meeting at 9:52 a.m. Board of Professional Surveyors and Mappers August 2015 Probation Review Committee Meeting Page 6 of 6 Board of Professional Surveyors and Mappers - Probation Packet - Page 9 of 103

10 MEMORANDUM Date: September 30, 2015 To: From: Subject: The Probation Committee Members Jenna L. Harper, Executive Director (850) Probation Review Billy Ray Davis has submitted his surveys for review in accordance with the Final Order issued in Case Number We are forwarding two (2) surveys for you to review. Enclosed are the SOP checklists, and for your reference, a copy of both the Final Order and the Administrative Complaint. License Number: LS 5099 License Status: Probation, Active Final Order Date: February 16, 2015 Fines and Costs: $3,750 fine due May 17, 2015 $3,750 paid on March 25, 2015 $ costs due May 17, 2015 $ paid March 25, 2015 CE Course(s): MTS course due within 120 days from entry of the Final Order (June 16, 2015) Florida Standards of Practice completed May 4, 2015 Professionalism and Ethics course due within 120 days entry of Final Order (June 16, 2015) Surveying Ethics course completed May 5, 2015 Proof of Compliance to 5J : Due May 17, 2015 Submitted May 15, 2015 Surveys: List due September 2, 2015 Survey list received August 28, 2015 Distribution of Surveys: Steven Hyde Exhibit #1 Job # Exhibit #2 Job # Howard Ehmke Exhibit #3 Job # Exhibit #4 Job # Nick Campanile Exhibit #5 Job # Exhibit #6 Job # If you have any questions, please contact me at Board of Professional Surveyors and Mappers - Probation Packet - Page 10 of 103

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12 Billy Ray Davis Apollo Beach, Florida LS 5099 Case # Licensure Status: Active, Probation Final Order Filed: February 16, 2015 Terms of Final Order: Fine of $3,750 to be paid within 90 days of entry of the final order (May 17, 2015) o $3,750 paid on March 25, 2015 Costs of $ to be paid within 90 days of entry of the final order (May 17, 2015) o Cost of $ paid on March 25, 2015 Proof of professional liability insurance due within 90 days from the entry of the final order (May 17, 2015) o Proof of insurance submitted on July 22, 2015 Complete an MTS course within 120 days from the entry of the final order (June 16, 2015) o Completed Florida Standards of Practice on May 4, 2015 Complete a course in Professionalism and Ethics within 120 days from the entry of the final order (June 16, 2015) o Completed Surveying Ethics on May 5, 2015 List of surveys due within 120 days from the completion of required continuing education courses(september 2, 2015) o Received August 28, 2015 o List forwarded to Probation Chair August 31, 2015 o Surveys identified by Probation Chair August 31, 2015 o Surveys requested by Board office September 16, 2015 o Surveys received by Board office September 24, 2015 o Surveys forwarded to Committee members September 30, 2015 Status: Satisfied all terms of Final Order - Request Release from Probation at November 2015 Board Meeting Pending Acceptable Survey Review Board of Professional Surveyors and Mappers - Probation Packet - Page 12 of 103

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32 MEMORANDUM Date: September 1, 2015 To: From: Subject: The Probation Committee Members Jenna L. Harper, Executive Director (850) Probation Review Mark Warner Teepe has submitted his surveys for review in accordance with the Final Order issued in Case Number We are forwarding two (2) surveys for you to review. Enclosed are the MTS checklists, and for your reference, a copy of both the Final Order and the Administrative Complaint. License Number: LS 4811 License Status: Probation, Active Final Order Date: December 10, 2014 Fines and Costs: $6,000 fine due April 9, 2015 $6,000 paid on April 13, 2015 $ costs due April 9, 2015 $ paid April; 13, 2015 CE Course(s): MTS course due within 30 days from entry of the Final Order (January 9, 2015) Florida Laws & Rules for the Professional Surveyor completed January 9, 2015 Professionalism and Ethics course due within 120 days entry of Final Order (April 9, 2015) Ethics for Surveyors course completed March 11, 2015 Proof of Compliance to 5J : Due March 10, 2015 Submitted March 12, 2015 Surveys: List due April 9, 2015 Survey list received April 10, 2015 Distribution of Surveys: Steven Hyde Exhibit #1 Job # Exhibit #2 Job # Howard Ehmke Exhibit #3 Job # Exhibit #4 Job # Nick Campanile Exhibit #5 Job # Exhibit #6 Job # If you have any questions, please contact me at Board of Professional Surveyors and Mappers - Probation Packet - Page 32 of 103

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34 Mark Warner Teepe Wellington, Florida LS 4811 Case # Licensure Status: Active, Probation Final Order Filed: December 10, 2014 Terms of Final Order: Fine of $6,000 to be paid within 120 days of entry of the final order (April 9, 2015) o $6,000 paid on April 13, 2015 Costs of $ to be paid within 120 days of entry of the final order (April 9, 2015) o $ paid on April 13, 2015 Proof of professional liability insurance due within 90 days from the entry of the final order (March 10, 2015) o Received statement that professional liability insurance is not required on March 12, 2015 Complete an MTS course within 30 days from the entry of the final order (January 9, 2015) o Completed course Florida Laws & Rules for Professional Surveyors Emphasizing MTS on January 9, 2015 Complete a course in Professionalism and Ethics within 120 days from the entry of the final order (April 9, 2015) o Completed course Ethics for Surveyors on March 11, 2015 List of surveys due within 120 days from date of Final Order (April 9, 2015) o Received April 10, 2015 o List forwarded to Probation Chair June 30, 2015 o Surveys identified by Probation Chair June 30, 2015 o Surveys requested by Board office June 30, 2015 o Surveys received by Board office July 13, 2015 o Surveys forwarded to Committee members September 1, 2015 Status: Satisfied all terms of Final Order - Request Release from Probation at November 2015 Board Meeting Pending Acceptable Survey Review Board of Professional Surveyors and Mappers - Probation Packet - Page 34 of 103

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55 MEMORANDUM Date: September 1, 2015 To: From: Subject: The Probation Committee Members Jenna L. Harper, Executive Director (850) Probation Review Samuel C. Cooler has submitted his second set of surveys for review in accordance with the Final Order issued in Case Number We are forwarding two (2) surveys for you to review. Enclosed are the MTS checklists, and for your reference, a copy of both the Final Order and the Administrative Complaint. License Number: LS 6076 License Status: Probation, Active Final Order Date: October 16, 2014 Fines and Costs: $2,500 fine due January 21, 2015 $2,500 paid on January 13, 2015 $ costs due January 21, 2015 $ paid January 13, 2015 CE Course(s): MTS course due within 30 days from entry of the Final Order (November 22, 2014) Florida Minimum Technical Standards completed November 5, 2014 Professionalism and Ethics course due within 120 days entry of Final Order (February 20, 2015) Professionalism and Ethics course completed January 5, 2015 Proof of Compliance to 5J : January 21, 2015 Submitted November 19, 2014 Surveys: List due February 20, 2015 Surveys received February 6, nd Set of Surveys requested June 30, nd Set of Surveys received July 14, 2015 Board of Professional Surveyors and Mappers - Probation Packet - Page 55 of 103

56 Distribution of Surveys: Steven Hyde Exhibit #1 Job # Exhibit #2 Job # Nick Campanile Exhibit #3 Job # Exhibit #4 Job # Howard Ehmke Exhibit #5 Job # Exhibit #6 Job # If you have any questions, please contact me at Board of Professional Surveyors and Mappers - Probation Packet - Page 56 of 103

57 MEMORANDUM Date: September 1, 2015 To: From: Subject: The Probation Committee Members Jenna L. Harper, Executive Director (850) Probation Review Samuel C. Cooler has submitted his second set of surveys for review in accordance with the Final Order issued in Case Number We are forwarding two (2) surveys for you to review. Enclosed are the MTS checklists, and for your reference, a copy of both the Final Order and the Administrative Complaint. License Number: LS 6076 License Status: Probation, Active Final Order Date: October 16, 2014 Fines and Costs: $2,500 fine due January 21, 2015 $2,500 paid on January 13, 2015 $ costs due January 21, 2015 $ paid January 13, 2015 CE Course(s): MTS course due within 30 days from entry of the Final Order (November 22, 2014) Florida Minimum Technical Standards completed November 5, 2014 Professionalism and Ethics course due within 120 days entry of Final Order (February 20, 2015) Professionalism and Ethics course completed January 5, 2015 Proof of Compliance to 5J : January 21, 2015 Submitted November 19, 2014 Surveys: List due February 20, 2015 Surveys received February 6, nd Set of Surveys requested June 30, nd Set of Surveys received July 14, 2015 Board of Professional Surveyors and Mappers - Probation Packet - Page 57 of 103

58 Distribution of Surveys: Steven Hyde Exhibit #1 Job # Exhibit #2 Job # Nick Campanile Exhibit #3 Job # Exhibit #4 Job # Howard Ehmke Exhibit #5 Job # Exhibit #6 Job # If you have any questions, please contact me at Board of Professional Surveyors and Mappers - Probation Packet - Page 58 of 103

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60 Samuel C. Cooler Saint Johns, Florida LS 6076 Case # Licensure Status: Active, Probation Final Order Filed: October 23, 2014 Terms of Final Order: Fine of $2, to be paid within 90 days of entry of the final order (January 21, 2015) o $2,500 paid on January 13, 2015 Costs of $ to be paid within 90 days of entry of the final order (January 21, 2015) o $ paid on January 13, 2015 Proof of professional liability insurance due within 90 days from the entry of the final order (January 21, 2015) o Submitted November 19, 2014 Complete an MTS course within 30 days from the entry of the final order (November 22, 2014) o Florida Minimum Technical Standards course completed November 5, 2014 Complete a course in Professionalism and Ethics within 120 days from the entry of the final order (February 20, 2015) o Professionalism and Ethics course completed January 5, 2015 List of surveys due within 120 days from the entry of the Final Order (February 20, 2015) o Received January 27, 2015 o List forwarded to Probation Chair January 27, 2015 o Surveys identified by Probation Chair January 27, 2015 o Surveys requested by Board office February 2, 2015 o Surveys received by Board office February 6, 2015 o Surveys forwarded to Committee members March 20, nd Set of surveys required o Survey list requested by Board office June 15, 2015 o Survey list received by Board office June 29, 2015 o List forwarded to Probation Chair June 29, 2015 o Surveys identified by Probation Chair June 29, 2015 o Surveys requested by Board office June 30, 2015 o Surveys received by Board office July 14, 2015 o Surveys forwarded to Committee members September 1, 2015 Status: Satisfied all terms of Final Order - Request Release from Probation at November 2015 Board Meeting Pending Acceptable Survey Review Board of Professional Surveyors and Mappers - Probation Packet - Page 60 of 103

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76 MEMORANDUM Date: October 12, 2015 To: From: Subject: The Probation Committee Members Jenna L. Harper, Executive Director (850) Probation Review Danny L. Wilson has submitted his second set of surveys for review in accordance with the Final Order issued in Case Number We are forwarding two (2) surveys for you to review. Enclosed are the SOP checklists, and for your reference, a copy of both the Final Order and the Administrative Complaint. License Number: LS 6756 License Status: Probation, Active Final Order Date: December 3, 2014 Fines and Costs: $750 fine due March 3, 2015 $750 paid on April 8, 2015 CE Course(s): MTS course due within 30 days from entry of the Final Order (January 2, 2015) 5J-17 MTS Minimum Technical Standards for Surveyors Video Course completed January 30, 2015 Professionalism and Ethics course due within 120 days entry of Final Order (April 2, 2015) Professional Ethics and Professional Courtesy Video course completed February 5, 2015 Proof of Compliance to 5J : March 3, 2015 Submitted February 6, 2015 Surveys: List due April 2, 2015 Surveys received June st set found not acceptable on August 4, nd set of surveys received October 9, 2015 Distribution of Surveys: Steven Hyde Exhibit #1 Job # Exhibit #2 Job # Howard Ehmke Exhibit #3 Job # Exhibit #4 Job # Nick Campanile Exhibit #5 Job # Exhibit #6 Job # If you have any questions, please contact me at Board of Professional Surveyors and Mappers - Probation Packet - Page 76 of 103

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78 Danny L. Wilson Davenport, Florida LS 6756 Case # Licensure Status: Active, Probation Final Order Filed: December 3, 2014 Terms of Final Order: Fine of $ to be paid within 90 days of entry of the final order (March 3, 2015) o $ paid on April 8, 2015 Proof of insurance due within 90 days from the entry of the final order (March 3, 2015) o Submitted February 6, 2015 Complete an MTS course within 30 days from the entry of the Final Order (January 2, 2015) o Submitted proof of completion of a course on MTS January 30, 2015 Complete a course in Professionalism and Ethics within 120 days from the entry of the Final Order (April 2, 2015) o Submitted proof of completion of a course on Professionalism and Ethics on February 5, 2015 List of surveys due within 120 days from the entry of the Final Order (April 2, 2015) o Received April 9, 2015 from Mr. Wilson stating he does not do much field work, only elevation certificates. He will look and put a list together. o Survey List Received May 20, 2015 o List forwarded to Probation Chair May 26, 2015 o Surveys identified by Probation Chair May 27, 2015 o Surveys requested by Board office June 11, 2015 o Surveys received by Board office June 22, 2015 o Surveys forwarded to Committee members June 24, 2015 o Received from Mr. Wilson on 8/3/15 notifying the Board he is unable to attend the August 2015 survey review. His survey review went forward and all 6 surveys did not pass minimal levels of competency o 2 nd Set of surveys required o Survey list requested by Board office September 24, 2015 o Survey list received by Board office September 29, 2015 o List forwarded to Probation Chair September 29, 2015 o Surveys identified by Probation Chair September 29, 2015 o Surveys requested by Board office September 29, 2015 o Surveys received by Board office October 9, 2015 o Surveys forwarded to Committee members October 12, 2015 Status: Satisfied all terms of Final Order - Request Release from Probation at November 2015 Board Meeting Pending Acceptable Survey Review Board of Professional Surveyors and Mappers - Probation Packet - Page 78 of 103

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88 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS BOARD OF PROFESSIONAL SURVEYORS ) AND MAPPERS ) DEPARTMENT OF AGRICULTURE AND ) CONSUMER SERVICES ) THE RHODES BUILDING ) 2005 APALACHEE PARKWAY ) TALLAHASSEE, FLORIDA , ) Petitioner, ) ) v. ) ) WESLEY BRIAN HAAS ) 6256 SAXON BOULEVARD ) WEST PALM BEACH, FLORIDA , ) Respondent. ) / DOAH CASE NO PL DOACS CASE NO LICENSE NO. LS3708 RESPONDENT S REQUEST TO BE REMOVED FROM PROBATION COMES NOW RESPONDENT WESLEY BRIAN HAAS, by and through undersigned counsel of record, and requests that he be removed from probation and in support thereof submits the following: 1. That on July 14, 2014, consistent with the DOAH Final Order, Petitioner filed its Final Order in the captioned cause of action. See attached Exhibit A. 2. That Petitioner s Final Order placed Respondent on probation which states, in part, that: In accordance with Rule 5J (2)(h), F.A.C., Respondent Wesley Brian Haas is hereby placed on probation pursuant to Rules 5J , 5J , and 5J , F.A.C. 3. That the only condition of probation stated by Petitioner s Final Order is as stated therein, in part, that: In accordance with Rule 5J , F.A.C., Respondent Wesley Page 1 of 3 Board of Professional Surveyors and Mappers - Probation Packet - Page 88 of 103

89 Brian Haas shall pay an administrative fine of $1, within 90 days of the date this Final Order is filed with the Agency Clerk of the Department of Agriculture and Consumer Services 4. That on September 8, 2015, Respondent paid Petitioner the $1, required by Petitioner s Final Order by Certified United States Mail, Return Receipt Requested # That Respondent has fulfilled all of the terms and conditions required by Petitioner s Final Order. 6. That Respondent s probationary status causes him embarrassment, interferes with his business, and damages his reputation. WHEREFORE, in consideration of all of the above Respondent respectfully requests that Petitioner immediately remove him from probation. Respectfully filed this 30 th day of September, s/ Torben Severin Madson II Torben Severin Madson II, Attorney at Law Florida Bar No Peterson Avenue South Post Office Box 1041 Douglas, Georgia (912) (Cell) (800) (FAX) ted.madson@madsonlaw.com Page 2 of 3 Board of Professional Surveyors and Mappers - Probation Packet - Page 89 of 103

90 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by this 30 th day of September, 2015 as follows: Jenna Harper, Executive Director Florida Board of Professional Surveyors & Mappers Florida Department of Agriculture and Consumer Services Terry Lee Rhodes Building 2005 Apalachee Parkway Tallahassee, Florida (850) Jenna.Harper@FreshFromFlorida.com and Patrick Creehan, Board Attorney Florida Bar No Florida Board of Professional Surveyors & Mappers Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, Suite 520 Tallahassee, Florida (850) (850) (telefacsimile) Patrick.Creehan@FreshFromFlorida.com s/ Torben Severin Madson II Torben Severin Madson II, Attorney at Law Florida Bar No Peterson Avenue South Post Office Box 1041 Douglas, Georgia (912) (Cell) (800) (FAX) ted.madson@madsonlaw.com Page 3 of 3 Board of Professional Surveyors and Mappers - Probation Packet - Page 90 of 103

91 Board of Professional Surveyors and Mappers - Probation Packet - Page 91 of 103

92 EXHIBIT "A" STATE'Oi Jll!,Q!PA DEPARTMENT OF AGRICULTURE'ANI> ~~~ER SERVICES BOARD OF PROFESSIONAL SlJR\5Jl:YORSAN~lMAPPERS DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, l~.. ~~:!,. -- i V. Petitioner, DOAH Case No.: PL Case No Agency Clerk No. A92640 WESLEY BRIAN HAAS (LS3708), Respondent.! FINAL ORDER THIS CAUSE came before the Board of Professional Surveyors and Mappers (Board) at a duly noticed public meeting held on May 6, 2015 in Tallahassee, Florida for consideration and final action following receipt of a Recommended Order by an Administrative Law Judge ("ALJ") of the Division of Administrative Hearings. The Respondent was present and represented Mr. Torben S. Madson, Esq. The Petitioner was represented by Ms. Courtney Frazier, Esq. PRELIMINARY STATEMENT On August 24, 2014, the Petitioner filed an Administrative Complaint, Case No , against Mr. Wesley Brian Haas (Respondent Haas) alleging he had not complied with several Minimum Technical Standards applicable to the practice of surveying and mapping. On August 26, 2014, the Petitioner filed an Administrative Complaint, Case No , against Exacta Land Surveyors, Inc., Respondent Haas' employer, alleging identical violations. Respondents disputed the allegations and requested a hearing pursuant to section (1), Board of Professional Surveyors and Mappers - Probation Packet - Page 92 of 103

93 Florida Statutes. On January 8, 2015, the cases were referred to the Division of Administrative Hearings for assignment of an administrative law judge (ALJ). The cases were consolidated on January 16,2015, and set for final hearing on February 20, On January 8, 2015, the Respondents jointly filed a "Motion to Dismiss with Prejudice." The motion sought the dismissal of the Administrative Complaint based on various grounds such as the Respondents were not afforded more rights during the probable cause proceeding, Respondent Haas wished to assert a right to remain silent, and the so-called "double jeopardy" clause of the Fifth Amendment to the United States Constitution protected the Respondents. On Januay 26, 2015, the ALJ entered an "Order Denying Motion to Dismiss." On February 20, 2015, the final hearing was held by video teleconference at locations in West Palm Beach and Tallahassee, Florida before ALJ F. Scott Boyd. Mr. Patrick Creehan, Esq. appeared on behalf of the Petitioner. Mr. Torben S. Madson, Esq. appeared on behalf of the Respondents. At the hearing, the Petitioner presented the testimony of Mr. Alvin T. Gloer, who was accepted, without objection, as an expert in surveying and mapping. Petitioner's Exhibits P1 through P3 were admitted into evidence. Respondent Haas asserted his right to remain silent and was not present at the hearing. Respondent offered exhibit R-1, which was admitted with the caveat that it contained hearsay. The transcript of the hearing was filed on March 12, Both parties timely filed proposed recommended orders. The ALJ's recommended order was entered on April 14, On April 20 and 27, 2015, the Respondents filed exceptions to the Recommended Order. On April23, 2015, the Petitioner filed its exceptions to the Recommended Order. By agreement, the 1 Where appropriate and due to joint filings by the Respondent Haas and Exacta Land Surveyors, Inc., this Final Order may refer to the "Respondents." 2 Board of Professional Surveyors and Mappers - Probation Packet - Page 93 of 103

94 Petitioner filed its responses to the Respondent's exceptions on May 4, The Respondents filed their response to the Petitioner's exceptions on April27, STATEMENT OF THE ISSUE Whether the Respondent Haas failed to comply with various Minimal Technical Standards, in violation of Rules 5J and 5J , Florida Administrative Code (F.A.C.), or was guilty of negligence in the practice of surveying and mapping, all in violation of section , Florida Statutes (2012), and if so, what is the appropriate penalty. STANDARD OF REVIEW OF RECOMMENDED ORDER The Administrative Procedure Act grants the Board limited authority to reject or modify findings of fact in a Recommended Order. See Section (1)(1), Florida Statutes ("The agency may not reject or modify the findings of fact unless the agency first determines from a review of the entire record, and states with particularity in the order, that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law."). In determining whether challenged findings of facts are supported by the record evidence in accord with this standard, the Board may not reweigh the evidence or judge the credibility of witnesses. See Rogers v. Dep 't of Health, 920 So. 2d 27, 30 (Fla. 1st DCA 2005). The Administrative Procedure Act also addresses the manner that the Board must address conclusions oflaw in a Recommended Order. Section (1)(1), Florida Statutes provides: The agency in its final order may reject or modify the conclusions of law over which it has substantive jurisdiction and interpretation of administrative rules over which it has substantive jurisdiction. When rejecting or modifying such conclusion of law or interpretation of administrative rule, the agency must state with particularity its reasons for rejecting or modifying such conclusion of law or interpretation of administrative rule and must make a. finding that its substituted 3 Board of Professional Surveyors and Mappers - Probation Packet - Page 94 of 103

95 conclusion of law or interpretation of administrative rule is as or more reasonable than that which was rejected or modified. RULING ON EXCEPTIONS Respondent's "Exceptions to Recommended Order" filed on April20, 2015 The Respondent's first four exceptions listed under the heading "Exceptions" do not identify any disputed portion of the Recommended Order, do not identify a legal basis, and do not include any appropriate citations to the record, as required by Rule , F.A.C. The four exceptions appear to be general opinions and/or citations of law. In accordance with section (1)(k), Florida Statutes, the Board makes no ruling on the first four exceptions listed under the heading "Exceptions." The Respondent's next exception, labeled "Count I and II Exceptions to Recommended Order," is generally directed to the findings of fact and conclusions of law relating to Counts I and II of the Recommended Order. As to Count II, the Respondent argues the ALJ "incorrectly concluded that: "since the field notes that are dated show a date of 9/24/12, while the survey drawing shows a field work date of 9/25/12. The parties stipulated as to the different dates shown or: these documents. The dated filed notes show that filed work was performed on September 24, The clear and convincing evidence is that the date of data acquisition was September 24, 2012, while the date on the survey drawing is September 25, 2012." The Respondent does not identify the portion of the Recommended Order by page number or paragraph; however, the above quote appears to be paragraphs 9 and 1 0 in the Recommended Order. This general exception fails to comply with Rule , F.A.C. in thai the Respondent did not identify the portion of the Recommended Order by page number or paragraph. 4 Board of Professional Surveyors and Mappers - Probation Packet - Page 95 of 103

96 Notwithstanding this failure to comply with section Rule , F.A.C, a review of the record establishes competent substantial evidence supports paragraphs 9 and 10 in the Recommended Order. The parties stipulated to these facts and Mr. Gloer's testimony supports these findings (Tr. p. 12 and pp ). As to Count I, there is competent substantial evidence to support the fmdings of fact and conclusions of law related to Count I. Mr. Gloer testified that page 12, a computation note, was not dated (Tr. p. 44). The Respondent also argues "That Petitioner failed to prove by clear and convincing evidence that no field work was performed on this survey on September 25, 2012, and therefore Count I and II must be dismissed." The Petitioner's burden is to show by clear and convincing evidence that the date of data acquisition was not the date on the survey drawing. The ALJ found that the Petitioner proved by clear and convincing evidence that the date of data acquisition was September 24, 2012 and the date on the survey drawing was September 25, 2012, and therefore the Respondent violated Rule 5J (2)(b)3 and 5J (3)(b)3, F.A.C. The ALJ's findings are based upon competent substantial evidence and should not be disturbed (Tr. p. 12, p. 44, and pp ). The Board may not reweigh the evidence or resolve conflicts therein. See Rogers v. Dep 't of Health, 920 So. 2d 27, 30 (Fla. 1st DCA 2005). The Respondent's "Count I and II Exceptions to Recommended Order" are denied. The Respondent's next exception, labeled "Count V Exceptions to Recommended Order" is generally directed at the findings of fact and conclusions of law relating to Count V of the Recommended Order. The Respondent does not identify the portion of the Recommended Order by page number or paragraph. At the Board meeting held on May 6, 2015, the Respondent clarified the exception to be the Respondent could not have violated Rule 5J (3)(b)15.b.ii, 5 Board of Professional Surveyors and Mappers - Probation Packet - Page 96 of 103

97 F.A.C. as a matter of law because the term "redundant measurement" is not defined. The Respondent therefore argues that each licensed person or entity should be entitled to make up its own interpretation of the rule. However, Mr. Gloer testified that redundancy and redundant measurements are common principles and terms used in the industry (Tr. pp ). The ALJ's interpretation of Rule 5J (3)(b)15.b.ii, F.A.C. is a reasonable interpretation of the rule and is more reasonable than that advanced by the Respondent. The ALJ' s findings of fact in paragraph 15 in the Recommended Oder are based on competent substantial evidence and should not be disturbed. The Respondent's "Count V Exceptions to Recommended Order" is denied. The Respondent's next exception, labeled "Count VII Exceptions to Recommended Order" is generally directed at the findings of fact and conclusions of law relating to Count VII of the Recommended Order. Essentially, the Respondent argues the survey is not part of a metes and bounds survey, therefore he could not have been found in violation of Rule 5J (2)(a)8., F.A.C. The Respondent does not identify the portion of the Recommended Order; however, the exception appears to be directed at paragraph 19 in the Recommended Order. This general exception fails to comply with section Rule , F.A.C. in that the Respondent did not identify the portion of the Recommended Order by page number or paragraph. Notwithstanding this failure to comply with section Rule , F.A.C, a review of the record establishes competent substantial evidence supports paragraph 19 in the Recommended Order. Mr. Gloer testified the parcel being surveyed was described by metes and bounds (Tr. p. 61). The Respondent's "Count VII Exceptions to Recommended Order" is denied. 6 Board of Professional Surveyors and Mappers - Probation Packet - Page 97 of 103

98 The Respondent withdrew his "Count VIII Exceptions to Recommended Order" at the Board meeting held May 6, Thus, no explicit ruling is required. The Respondent's next exception, labeled "Count X Exceptions to Recommended Order" is a general exception to the findings of fact and conclusions of law relating to Count X of the Recommended Order. The Respondent does not identify the portion of the Recommended Order by page number or paragraph. At the Board meeting held on May 6, 2015, the Respondent clarified that his argument was identical to his argument regarding Count V in that he could not have violated Rule 5J (2)(b)7, F.A.C. as a matter of law because the term "redundancy of measurements" is not defined. As explained above, Mr. Gloer testified that redundancy is a common term and principle used in the industry, and the ALJ's interpretation of Rule 5J (2)(b)7, F.A.C. is a reasonable interpretation of the rule and is more reasonable than that advanced by the Respondent. The ALJ' s findings of fact in paragraph 25 in the Recommended Order are based on competent substantial evidence and should not be disturbed. The Respondent withdrew his "Count XI Exceptions to Recommended Order" at the Board meeting held May 6, Thus, no explicit ruling is required. "Respondent's Additional Exceptions and Response to Petitioner's Proposed Exceptions to Recommended Order" At the Board meeting held May 6, 2015, the Respondent explained that his additional exceptions, filed on April 27, 2015 were merely filed in support of, and to summarize, his initial exceptions filed on April20, As such, the additional exceptions addressing Counts I, II, V, VIII, and V are rejected for the reasons stated above. 7 Board of Professional Surveyors and Mappers - Probation Packet - Page 98 of 103