AGENDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PROBATION REVIEW COMMITTEE

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1 PROBATION REVIEW COMMITTEE NOVEMBER 7, 2017

2 AGENDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PROBATION REVIEW COMMITTEE HILTON GARDEN INN PALM BEACH GARDENS 3505 KYOTO GARDENS DRIVE PALM BEACH GARDENS, FLORIDA TUESDAY, NOVEMBER 7, :30 A.M. MEMBERS: Steve Hyde (Chair) Chris McLaughlin David Schryver I. CALL TO ORDER/ROLL CALL II. III. REVIEW AND APPROVAL OF AUGUST 2017 MINUTES 2 nd SET SURVEY REVIEW Miguel Espinosa LS 5101 Case # Licensure Status: Active, Probation Donald Williamson LS 5649 Case # Licensure Status: Active, Probation IV. PROBATION SUMMARY V. OLD/NEW BUSINESS VI. VII. PUBLIC COMMENT ADJOURN 1

3 MINUTES BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PROBATION REVIEW COMMITTEE EMBASSY SUITES BY HILTON JACKSONVILLE BAYMEADOWS 9300 BAYMEADOWS ROAD JACKSONVILLE, FLORIDA TUESDAY, AUGUST 8, 2017 The meeting was called to order by Steve Hyde, Chair, at 9:00 a.m. COMMITTEE MEMBERS PRESENT Steve Hyde, Board Chair Chris McLaughlin David Schryver OTHERS PRESENT Robin Petzold, Board Chair Deborah Hill, Board Vice Chair Patrick Talbott, Board Member George Grubbs, Board Member Nicholas Campanile, Board Member Frank Conkling, Board Member Jenna Harper, Executive Director Regenia Lee, Government Analyst Patrick Creehan, Board Counsel Robert Summers, Prosecuting Attorney Cory Fedrick, PSAM Investigator Sarah Stillman David Melvin Don Elder Clayton Walley Tom Steckler Dianne Collins John Clyatt Adam Benjamin Lou Campanile Gail Oliver W. Lamar Evers David Grizzle Cynthia Grizzle Randy Tompkins Bob Strayer, Jr. Daniel Eric Quick Joseph Lek Art Mastronicola Ray Niles Board of Professional Surveyors and Mappers August 2017 Probation Review Committee Meeting Page 1 of 4 2

4 REVIEW AND APPROVAL OF THE MAY 2017 PROBATION REVIEW COMMITTEE MINUTES After discussion, the following motion was made: MOTION: SECOND: ACTION: PROBATION SUMMARY Mr. McLaughlin made a motion to approve the May 2017 minutes as amended. Mr. Schryver seconded. The motion passed unanimously. John W. Cooper Land Surveying, Inc. Titusville, Florida LS5093 Case # Licensure Status: Active, Probation Final Order Filed: June 19, 2017 Ms. Harper said that he is well within his timeframe for receipt of payment. John W. Cooper Land Surveying, Inc. Titusville, Florida LB6544 Case # Final Order Filed: June 19, 2017 Ms. Harper said that he is well within his timeframe for receipt of payment. James D. Elson St. Augustine, Florida LS6270 Case # s and Licensure Status: Suspended (until September 19, 2017) Final Order Filed: June 19, 2017 Ms. Harper said that he is well within his timeframe for receipt of payment. She said that his surveys to be reviewed should be on the agenda in February 2018 or May Swerdloff & Perry Surveying, Inc. Lake Mary, Florida LB7132 Case # Licensure Status: Active, Probation Final Order Filed: March 14, 2017 Ms. Harper said that the original payment was due in June 2017, however, a call was received from their attorney letting the Board office know the date they received their final order and provided proof of a certified mail receipt. Ms. Harper said that it was received by their office 2 months after the Board office mailed it. She said that after learning of this and speaking with Board Counsel, it was resent to them and the 90-day clock was extended to August 21, Board of Professional Surveyors and Mappers August 2017 Probation Review Committee Meeting Page 2 of 4 3

5 Miguel Espinosa Miami, Florida LS 5105 Case # Licensure Status: Active, Probation Final Order Filed September 6, 2016 Ms. Harper said that Mr. Espinosa is to submit a 2 nd list of surveys and that they are due any day now. She said that the surveys requested from Mr. Espinosa would be on the agenda for the November 2017 PSAM Board meeting in Palm Beach Gardens. Donald T. Ramsey Miami, Florida LS5851 Case # Licensure Status: Active, Probation Final Order Filed September 12, 2016 updated date: April 3, 2017 Ms. Harper said that Mr. Ramsey did not receive his final order timely. She said that the certified mail card was received in the Board office unsigned. She said that after speaking with Board Counsel, it was resent to Mr. Ramsey and his two employers. She said that the certified mail receipt was received from Level Tech on April 3, 2017 and his 90-day clock started over on that date. She said that she spoke with David Olin with Olin Hydrographics who is another employer of Mr. Ramsey. Mr. Olin told Ms. Harper that he has been trying to help Mr. Ramsey by paying the fines and costs and help him meet his terms of probation. She said that half of the payment due was received by the Board office from Mr. Olin. She said that she told Mr. Olin that the Board office does not accept partial payments for fines and costs and that Mr. Ramsey would need to comply with the rest of the probation terms as listed in the final order. She said that, as of today, she has had no contact with Mr. Ramsey in any shape or form. She said that Mr. Olin told her that he would contact Mr. Ramsey and get back in touch with her. After discussion, the following motion was made: MOTION: SECOND: ACTION: Mr. Hyde made a motion to find Mr. Ramsey in violation of the Final Order and refer him to the Department for a new case. Mr. McLaughlin seconded. The motion passed unanimously. Donald L. Williamson Tampa, Florida LS5649 Case # Licensure Status: Active, Probation Final Order Filed: June 10, 2016 Ms. Harper said that he did not pass his 1st Set of Survey review at the meeting in May She said that he would be on the November 2017 Board meeting agenda for his 2 nd Set of Survey review. DISCUSSION ON SURVEY REVIEW CHECKLIST Mr. Schryver said that he was concerned about the implication of the word product on the checklist. Mr. Petzold expanded and said that the word product in this sense is defined as a delivered product such as a taxed product. He said that the state of Maryland ran into issues using the word product so we should take note of this when making changes to the checklist. Mr. McLaughlin said that he thought that the checklist discussion needed to be held during the Rules Committee as the rules and the checklist go hand in hand. Both Mr. Schryver and Mr. Hyde agreed. Mr. Hyde said that we have time to table this discussion to a later date because the current checklist still falls under the old rules. Ms. Harper reminded the Committee that this is an internal form and is not required by statute or rule. Board of Professional Surveyors and Mappers August 2017 Probation Review Committee Meeting Page 3 of 4 4

6 After discussion, the following motion was made: MOTION: Mr. McLaughlin made a motion to table the Survey Review Checklist revisions at this time until the rules are adopted for more discussion at the November 2017 Board meeting. SECOND: Mr. Hyde seconded. ACTION: The motion passed unanimously OLD/NEW BUSINESS None PUBLIC COMMENT Mr. Art Mastronicola said that the rules checklist is just a tool and not required by statute or rule and that a checklist should be used in conjunction with the survey on the date the survey was conducted. Mr. Lou Campanile asked Ms. Harper if a background check is completed on a surveyor. Ms. Harper said that background checks are completed on licensure applicants as they are received in the Board office. She said that once they are a licensee a check is not conducted. ADJOURNMENT With no further business to discuss, Mr. Hyde motioned to adjourn the meeting at 9:38 a.m. Board of Professional Surveyors and Mappers August 2017 Probation Review Committee Meeting Page 4 of 4 5

7 MEMORANDUM Date: October 19, 2017 To: From: Subject: The Probation Committee Members Jenna L. Harper, Executive Director (850) Probation Review Mr. Miguel Espinosa 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 each of 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 5101 License Status: Probation, Active Final Order Date: September 6, 2016 Fines and Costs: $6, fine due December 5, 2016 $6, paid September 1, 2016 $ costs due December 5, 2016 $ paid September 1, 2016 CE Course(s): MTS course and an Ethics course due within 120 days from entry of the Final Order (January 4, 2017) Florida s Minimum Technical Standards completed September 23, 2016 Surveying Ethics completed October 19, 2016 Proof of Compliance to 5J : Due December 5, 2016 Submitted September 22, 2016 Surveys: 2 nd list due August 10, 2017 List received August 28, 2017 Distribution of Surveys: Steve Hyde Exhibit #1 Job # S Exhibit #2 Job # S Chris McLaughlin Exhibit #3 Job # S Exhibit #4 Job # S David Schryver Exhibit #5 Job # S Exhibit #6 Job # S If you have any questions, please contact me at

8 DIVISION OF COMUMER SERVICES (850 ) YU-2966 THE RHODES BUILDING 2005 i\palachee PARKWAY TALLAHASSEE. FLORIDA FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM October 19,2017 Mr. Miguel Espinosa SW 134 th Street Miami, Florida RE: Case number Dear Mr. Espinosa: Please be advised that the above referenced matter will be brought before the Probation Review Committee ofthe Board of Professional Surveyors and Mappers at 8:30 a.m. on November 7, Rule 5J , Florida Administrative Code, requires attendance at the meeting where the surveys are reviewed and discussed.. The meeting will be held at the following location: Hilton Garden Inn Palm Beach Gardens 3505 Kyoto Gardens Drive Palm Beach Gardens, Florida Do not hesitate to contact me at (850) should you have any questions. /jlh Executive Director Florida Board ofprofessional Surveyors and Mappers ~a w--w-w-.f-re-sh-f-ro-m-f-io-ri-d-a.-co--m HELPFLA I'.wnu

9 Miguel Espinosa Miami, Florida LS 5101 Case # Licensure Status: Active, Probation Final Order Filed: September 6, 2016 Terms of Final Order: Fine of $6,000 to be paid within 90 days of entry of the final order (December 5, 2016) o Check in the amount of $6,000 received September 1, 2016 Costs of $ to be paid within 90 days of entry of the final order (December 5, 2016) o Check in the amount of $ received September 1, 2016 Proof of professional liability insurance due within 90 days from the entry of the final order (December 5, 2016) o Certificate of liability insurance provided on September 22, 2016 Complete an MTS course within 120 days from the entry of the final order (January 4, 2017) o Completed course FL Minimum Technical standards on September 23, 2016 Complete a course in Professionalism and Ethics within 120 days from the entry of the final order (January 4, 2017) o Completed course Surveying Ethics on October 19, 2016 List of surveys due within 120 days from completion of the continuing education courses o Received January 25, 2017 o List forwarded to Probation Chair March 9, 2017 o Surveys identified by Probation Chair March 10, 2017 o Surveys requested by Board office March 22, 2017 o Surveys received by Board office April 5, 2017 o Surveys forwarded to Committee members April 10, 2017 o 1 st Survey review failed May 10, nd list of surveys due within 120 days from first survey review (August 10, 2017) o Received August 28, 2017 o List forwarded to Probation Chair August 28, 2017 o Surveys identified by Probation Chair August 28, 2017 o Surveys requested by Board office September 27, 2017 o Surveys received by Board office October 17, 2017 o Surveys forwarded to Committee members October 19, 2017 Status: Satisfied all terms of Final Order, request release from probation upon satisfactory survey review 8

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27 MEMORANDUM Date: September 28, 2017 To: From: Subject: The Probation Committee Members Jenna L. Harper, Executive Director Probation Review Mr. Donald Williamson 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 each of 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 5649 License Status: Probation, Active Final Order Date: June 10, 2016 Fines and Costs: $2, fine due September 8, 2016 $2, paid August 19, 2016 $ costs due September 8, 2016 $ paid August 19, 2016 CE Course(s): MTS course and an Ethics course due within 120 days from entry of the Final Order (October 8, 2016) Florida s Minimum Technical Standards completed September 28, 2016 Survey Ethics and Professionalism completed September 28, 2016 Proof of Compliance to 5J : Due September 8, 2016 Submitted March 23, 2017 Surveys: 2 nd Survey list received August 15, 2017 Distribution of Surveys: Steve Hyde Exhibit #1 Job # Exhibit #2 Job # Chris McLaughlin Exhibit #3 Job # Exhibit #4 Job # David Schryver Exhibit #5 Job # Exhibit #6 Job # If you have any questions, please contact me at

28 DIVISION OF CONSUMER SERVWES (850) THE RHODES BUILDING 2005 APALACHEE PARKWAY TALLAHASSEE, FWRIDA FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM October 19,2017 Mr. Donald Williamson 5020 Gunn Highway, Ste 220A Tampa, Florida RE: Case number Dear Mr. Williamson: Please be advised that the above referenced matter will be brought before the Probation Review Committee ofthe Board ofprofessional Surveyors and Mappers at 8:30 a.m. on November 7, Rule , Florida Administrative Code, requires attendance at the meeting where the surveys are reviewed and discussed. /jlh The meeting will be held at the following location: Hilton Garden Inn Palm Beach Gardens 3505 Kyoto Gardens Drive Palm Beach Gardens, Florida Do not hesitate to contact me at (850) should you have any questions. Sincerely, ~l~ 1 enna L. Harper Executive Director Florida Board of Professional Surveyors and Mappers ~,\1/" 27 rronuil H-E-L-PF-L-A ~-_

29 Donald L. Williamson Tampa, Florida LS 5649 Case # Licensure Status: Active, Probation Final Order Filed: June 10, 2016 Terms of Final Order: Fine of $2,250 to be paid within 90 days of entry of the final order (September 8, 2016) o Check for $2, (fine and cost) paid on August 19, 2016 Costs of $ to be paid within 90 days of entry of the final order (September 8, 2016) o Check for $2, (fine and cost) paid on August 19, 2016 Proof of professional liability insurance due within 90 days from the entry of the final order (September 8, 2016) o Copy of liability insurance submitted March 23, 2017 Complete an MTS course within 120 days from the entry of the final order (October 8, 2016) o Completed Florida s Minimum Technical Standards on September 28, 2016 Complete a course in Professionalism and Ethics within 120 days from the entry of the final order (October 8, 2016) o Completed Survey Ethics and Professionalism on September 28, 2016 List of surveys due within 120 days from completion of the continuing education courses (January 26, 2017) o Received February 1, 2017 o List forwarded to Probation Chair March 9, 2017 o Surveys identified by Probation Chair March 10, 2017 o Surveys requested by Board office March 10, 2017 o Surveys received by Board office March 24, 2017 o Surveys forwarded to Committee members March 27, 2017 o 1 st Survey Review failed May 10, nd list of surveys due within 120 days from first survey review (August 10, 2017) o Received August 15, 2017 o List forwarded to Probation Chair August 21, 2017 o Surveys identified by Probation Chair August 28, 2017 o Surveys requested by Board office August 28, 2017 o Surveys received by Board office September 20, 2017 o Surveys forwarded to Committee members September 28, 2017 Status: Satisfied all terms of Final Order, request release from probation upon satisfactory survey review 28

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