AGENDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PROBATION REVIEW COMMITTEE

Transcription

1 PROBATION REVIEW COMMITTEE AUGUST 2, 2018

2 AGENDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PROBATION REVIEW COMMITTEE HILTON COCOA BEACH OCEANFRONT 1550 NORTH ATLANTIC AVENUE COCOA BEACH, FLORIDA SEASHORE BALLROOM THURSDAY, AUGUST 2, :30 A.M. MEMBERS: David Schryver, Committee Chair Chris McLaughlin Steven Hyde I. CALL TO ORDER/ROLL CALL II. III. REVIEW AND APPROVAL OF MAY 2018 PROBATION REVIEW COMMITTEE MINUTES 2nd SET SURVEY REVIEW John W. Cooper LS 5093 Case # Licensure Status: Active, Probation IV. 1st SET SURVEY REVIEW James D. Elson LS 6270 Case # s , Licensure Status: Active, Probation V. PROBATION SUMMARY VI. VII. VIII. IX. FINALIZATION OF SURVEY REVIEW CHECKLIST OLD/NEW BUSINESS PUBLIC COMMENT ADJOURN Board of Professional Surveyors and Mappers August 2018 Probation Review Committee Agenda Page 1 of 1

3 1 MINUTES 2 3 BOARD OF PROFESSIONAL SURVEYORS AND 4 MAPPERS 5 6 PROBATION REVIEW COMMITTEE 7 8 EMBASSY SUITES BY HILTON SPECTRUM BOULEVARD 10 TAMPA, FLORIDA THURSDAY, MAY 3, The meeting was called to order by David Schryver, Committee Chair, at 8:30 a.m COMMITTEE MEMBERS PRESENT David Schryver, Committee Chair 19 Chris McLaughlin 20 Steven Hyde OTHERS PRESENT Deborah Hill, Board Chair 25 Robin Petzold, Board Member 26 Christopher McLaughlin, Board Member 27 George Grubbs, Board Member 28 Frank Conkling, Board Member 29 Jenna Harper, Executive Director 30 Regenia Lee, Government Analyst 31 Patrick Creehan, Board Counsel 32 Robert Summers, Prosecuting Attorney 33 Jenna Harper, Executive Director 34 Regenia Lee, Government Analyst 35 Patrick Creehan, Board Counsel 36 Robert Summers, Prosecuting Attorney 37 Todd Boyle 38 W. Lamar Evers 39 Joseph Beckman 40 Kevin Ryan 41 Alvin Gloer 42 Dianne Collins 43 David Melvin 44 Bill Payne 45 Justin Silva 46 Robert Prince 47 Wendy Edwards 48 Ryan Clark 49 Priscilla Seleska 50 Brice Hellstrom 51 Michael Goodnight 52 Kiel Bailey 53 J.L. Youderian 54 Robert Hall 55 Steven Bostwick 56 Patrick Collins Board of Professional Surveyors and Mappers May 2018 Probation Review Committee Meeting Page 1 of 4

4 57 Amy Topol 58 Robert Strayer, Jr. Board of Professional Surveyors and Mappers May 2018 Probation Review Committee Meeting Page 2 of 4

5 REVIEW OF BOARD MEMBER ABSENCE FRANK CONKLING After discussion, the following motion was made: MOTION: SECOND: ACTION: Mr. Campanile made a motion to record Mr. Conkling s absence as unexcused. Mr. Petzold seconded. The motion passed unanimously. REVIEW AND APPROVAL OF THE FEBRUARY 2018 PROBATION REVIEW COMMITTEE MINUTES After discussion, the following motion was made: MOTION: SECOND: ACTION: PROBATION SUMMARY Mr. Hyde made a motion to approve the February 2018 minutes as amended. Mr. McLaughlin seconded. The motion passed unanimously. Stephen P. Cartechine Vero Beach, Florida LS 2895 Case # License Status: Active Probation Final Order Filed: September 26, 2017 Ms. Harper said that Mr. Cartechine is within his timeframe of meeting his requirements. She stated that his surveys would be on the agenda at the August 2018 PSAM meeting. John W. Cooper Titusville, Florida LS5093 Case # Licensure Status: Active, Probation Final Order Filed: June 19, 2017 Ms. Harper said that Mr. Cooper s 2 nd Set of Surveys would be on the agenda at the August 2018 PSAM meeting. James D. Elson St. Augustine, Florida LS6270 Case # s and Licensure Status: Active/Probation Final Order Filed: June 19, 2017 Ms. Harper said that Mr. Elson made a payment of $ but has an outstanding balance of approximately $ She notified him that the Board does offer a payment plan and she has not heard back from him since that telephone call. She stated that Mr. Elson has taken his required continuing education credits. Mr. Creehan said that he is currently in Violation of Final Order. After discussion, the following motion was made: MOTION: Mr. McLaughlin made a motion to extend the payment deadline to June 1, 2018 for receiving fines. Failure to make payment by June 1, 2018 would be cause for another case to be opened. SECOND: Mr. Hyde seconded. ACTION: The motion passed unanimously.

6 Miguel Garay Cape Coral, Florida LS6592 Case # Licensure Status: Active, Probation Final Order Filed: September 27, 2017 Ms. Harper stated that Mr. Garay has not abided by his Final Order except for the required continuing education Credits and no money has been received by the Board office. She said that at the instruction of the Board, Mr. Garay s case was referred to the Department for Failure to Abide by Final Order. She said that this case is currently being handled by PSAM Investigation staff. New Bearings, Inc. Cape Coral, Florida LB7611 Case # Final Order Filed: September 27, 2017 Ms. Harper stated that New Bearings, Inc. has not abided by his Final Order and no money has been received by the Board office. She said that at the instruction of the Board, this case was referred to the Department for Failure to Abide by Final Order. She said that this case is currently being handled by PSAM Investigation staff. Poole Engineering & Surveying, Inc. Tallahassee, Florida LB6745 Case # Final Order Filed: February 22, 2018 Ms. Harper said that Poole Engineering & Surveying, Inc. has paid all fines and costs. After discussion, the following motion was made: MOTION: SECOND: ACTION: Mr. Hyde made a motion to release Poole Engineering & Surveying, Inc. from discipline tracking. Mr. Schryver seconded. The motion passed unanimously. 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 s case was referred to investigations for Failing to Abide by Final Order. OLD/NEW BUSINESS Ms. Harper said that because of the changes to the statute and rule that the Checklist for Survey Review needs to be updated. She reviewed the checklist with the Committee. Board of Professional Surveyors and Mappers May 2018 Probation Review Committee Meeting Page 3 of 4 3

7 OLD/NEW BUSINESS None PUBLIC COMMENT None ADJOURNMENT With no further business to discuss, Mr. Hyde motioned to adjourn the meeting at 8:57 a.m. Board of Professional Surveyors and Mappers May 2018 Probation Review Committee Meeting Page 4 of 4 5

8 MEMORANDUM Date: June 25, 2018 To: From: Subject: The Probation Committee Members Jenna L. Harper, Executive Director (850) Probation Review Mr. John W. Cooper has submitted 2 nd set of surveys for review in accordance with the Final Order issued in Case Number We are forwarding one (1) survey for you each 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 5093 License Status: Probation, Active Final Order Date: June 19, 2017 Fines and Costs: $5, fine due September 17, 2017 $6,197 (fine and cost) received on September 21, 2017 $1,197 costs due September 17, 2017 $6,197 (fine and cost) received on September 21, 2017 CE Course(s): MTS course and an Ethics course due within 120 days from entry of the Final Order (October 17, 2017) 5J-17 Minimum Technical Standards for Surveyors, completed August 30, 2017 Ethics for the Design Professional completed September 7, 2017 Proof of Compliance to 5J : Due September 17, 2017 Submitted October 20, nd Set of Surveys: List due June 6, 2018 Surveys received June 22, 2018 Distribution of Surveys: David Schryver Exhibit # Key Biscayne Chris McLaughlin Exhibit #2 726 Peachtree Steve Hyde Exhibit #3 600 Key Largo If you have any questions, please contact me at

9 John W. Cooper Titusville, Florida LS 5093 Case # Licensure Status: Active, Probation Final Order Filed: June 19, 2017 Terms of Final Order: Fine of $5,000 to be paid within 90 days of entry of the final order (September 17, 2017) o Check for $6,197 (fine and cost) received September 21, 2017 Costs of $1,197 to be paid within 90 days of entry of the final order (September 17, 2017) o Check for $6,197 (fine and cost) received September 21, 2017 Proof of professional liability insurance due within 90 days from the entry of the final order (September 17, 2017) o Received October 20, 2017 Complete an MTS course within 120 days from the entry of the final order (October 17, 2017) o Completed 5J-17 Minimum Technical Standards for Surveyors on August 30, 2017 Complete a course in Professionalism and Ethics within 120 days from the entry of the final order (October 17, 2017) o Completed Ethics for the Design Professional on September 7, 2017 List of surveys due within 120 days from completion of the continuing education courses (January 5, 2018) o Received January 4, 2018 o List forwarded to Probation Chair January 8, 2018 o Surveys identified by Probation Chair January 8, 2018 o Surveys requested by Board office January 9, 2018 o Surveys received by Board office January 17, 2018 o Surveys forwarded to Committee members January 18, 2018 o Probation Review Committee met February 6, 2018 and the surveys did not pass survey review. A second survey review will be required. 2 nd list of surveys due within 120 days from 1 st survey review (June 6, 2018) o Received June 1, 2018 o List forwarded to Probation Chair June 6, 2018 o Surveys identified by Probation Chair June 6, 2018 o Surveys requested by Board office June 13, 2018 o Surveys received by Board office June 22, 2018 o Surveys forwarded to Committee members June 25, 2018 Status: Request to remove from probation upon satisfactory survey review

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20 DIVISION OF CONSUMER SERVICES (850) THE RHODES BmLDlNG 2005 APALACHEE PARKWAY TALLAHASSEE, FLORIDA FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM July 16,2018 Mr. John W. Cooper 2326 S. Hopkins Avenue Titusville, Flori~a RE: Case number Dear Mr. Cooper: 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 August 2,2018. Rule 5J , 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 Cocoa Beach Oceanfront 1550 North Atlantic Avenue Cocoa Beach, Florida Seashore Ballroom Do not hesitate to contact me at (850) should you have any questions. S~JruOJfM J enna L. Harper Executive Director Florida Board ofprofessional Surveyors and Mappers HELPFLA

21 MEMORANDUM Date: June 13, 2018 To: From: Subject: The Probation Committee Members Jenna L. Harper, Executive Director (850) Probation Review Mr. James D. Elson has submitted his surveys for review in accordance with the Final Order issued in Case Numbers and We are forwarding one (1) survey for you each 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 6270 License Status: Probation, Active Final Order Date: June 19, 2017 Fines and Costs: $6,300 fine due December 18, 2017 $1,000 received on April 19, 2018, owes $5,300 $1, costs due December 18, 2017 Not yet received CE Course(s): MTS course and an Ethics course due within 120 days from entry of the Final Order (January 17, 2018) Florida: MTS for Surveyors completed January 14, 2018 Ethics for Land Surveyor: Refraining from Conduct Detrimental to the Public completed January 14, 2018 Proof of Compliance to 5J : Due December 18, 2017 Submitted April 11, 2018 Surveys: List due May 14, 2018 Surveys received June 8, 2018 Distribution of Surveys: David Schryver Exhibit #1 940 Oak Ridge Road Steve Hyde Exhibit # Barbara Terrace Chris McLaughlin Exhibit #3 832 White Eagle Circle If you have any questions, please contact me at

22 James D. Elson St. Augustine, Florida LS 6270 Case # s , Licensure Status: Active, Probation Final Order Filed: June 19, 2017 Terms of Final Order: Fine of $6,300 to be paid within 90 days of completion of three-month license suspension (December 18, 2017) o Check for $1,000 received April 19, 2018 Costs of $1, to be paid within 90 days of completion of three-month license suspension (December 18, 2017) Proof of professional liability insurance due within 90 days of completion of three-month license suspension (December 18, 2017) o Sent statement to the board office indicating he does not carry liability insurance, April 11, 2018 Complete an MTS course within 120 days of the completion of the three-month suspension (January 17, 2018) o Completed course Florida: MTS For Surveyors on January 14, 2018 Complete a course in Professionalism and Ethics within 120 days of the completion of the three-month suspension (January 17, 2018) o Completed course Ethics for Land Surveyor: Refraining from Conduct Detrimental to the Public on January 14, 2018 List of surveys due within 120 days from completion of the continuing education courses (May 14, 2018) o Received May 14, 2018 o List forwarded to Probation Chair May 15, 2018 o Surveys identified by Probation Chair May 15, 2018 o Surveys requested by Board office May 15, 2018 o Surveys received by Board office June 8, 2018 o Surveys forwarded to Committee members June 13, 2018 o Status: -January 9, 2018: Mr. Elson called to let me know he was in a serious car accident and has not been able to work for several months. He plans to take the required education within the next week and send the payment in as soon he can. -March 22, 2018: Mr. Elson stated he will mail in the full fine/cost amount next week, as well as a statement that he does not carry professional liability insurance. -April 10, 2018: Left voic for Mr. Elson checking on status. Have not received payment as of this date. -April 24, 2018: ed Mr. Elson confirming receipt of his $1,000 payment. Let him know that the Board does not offer payment plans and that his case would be discussed by the Probation Committee at next week s meeting.

23 - May 3, 2018: Probation Review Committee reviewed Mr. Elson s case and stated that they would extend the payment deadline until June 1, If the payment is not received by that date they directed Ms. Harper to refer the case to Investigations for failure to abide by a Final Order. - June 13, 2018: ed Mr. Elson confirming receipt of surveys, and reminding him that because the fine/cost has not been satisfied, this case will be referred to Investigations. - July 13, 2018: Board office complaint sent to Investigations for failing to abide by a Final Order Awaiting compliance with Final Order

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33 DIVISION OF CONSUMER SERVICES THE RHODES BVILDlNG (850) APALACHEE PARKWAY TALLAHASSEE, FWRlDA FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM July 16,2018 Mr. James D. Elson 103 Seminole Road St Augustine, Florida RE: Case number's , Dear Mr. Elson: Please be advised that the above referenced matter will be brought before the Probation Review Committee of the Board ofprofessional Surveyors and Mappers at 8:30 a.m. on August 2,2018. 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: Hi1ton Cocoa Beach Oceanfront 1550 North Atlantic Avenue Cocoa Beach, Florida Seashore Ballroom Do not hesitate to contact me at (850) should you have any questions. /jlh :r;l14~ J enna L. Harper Executive Director Florida Board of Professional Surveyors and Mappers !it w-w-w-.-fr-e-sh-f-ro-m-f-io-ri-da-.c-o-m HELPFLA.I'IDIIUa.