FILED Florida Engineers Management Corporation MAR 20 205 / / .. Deputy Agency Clerk Evette Lawson-Proctor 15-2.269PL STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS. FLORIDA BOARD OF PROFESSIONAL an ENGINEERS, ea a Petitioner, v. FEMC Case No. 2014037527 R. SCOTT BATTERSON, P.E., Respondent, ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation on behalf of Petitioner, Florida Board of Professional Engineers, and files this Administrative Complaint against R. SCOTT BATTERSON, P.E. This Administrative Complaint is issued pursuant to Sections 120.60 and 471.038, Florida Statutes. Any proceeding concerning this complaint shall be conducted pursuant to Section 120.57, Florida Statutes. In support of this complaint, Petitioner alleges the following: 1. Petitioner, Florida Board of Professional Engineers (“Petitioner,” “FBPE,” or “Board”), is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes. This complaint is filed by the Florida Engineers Management Corporation (*FEMC”) on behalf of Petitioner. FEMC is charged with providing administrative, investigative, and prosecutorial services to the Board pursuant to Section 471.038, Florida Statutes (1997). Page | of 4 2. R. SCOTT BATTERSON, P.E. (“Respondent”) is, and has been at all times material hereto, a licensed professional engineer in the State of Florida, having been issued license number PE 60853. Respondent’s last known address is 4292 Haws Court, Orlando, Florida 32814, 3. On October 17, 2014, after being found Guilty by a jury, Respondent was adjudicated Guilty of the charge of Bribery (solicitation or request) by a Public Servant, a violation of Section 838.015(1) and 838.015(3), Florida Statutes; Solicitation for Receiving Unlawful Compensation for Official Behavior (Performance of Duty), a violation of Section 833.016(1), Florida Statutes; and Solicitation for Receiving Unlawful Compensation for Official Behavior (Exerting Influence), a violation of Section 838.016(2), Florida Statutes. The facts upon which the Guilty verdict were based upon Respondent's actions as a Board Member of the Orange Osceola County Expressway Authority (“OOCEA”). As a result of the above, Respondent was sentenced by the Court to 7.5 years in the Department of Corrections. 4. Section 471.033(1)(d), Florida Statutes, provides that disciplinary action may be taken against a Professional Engineer for “[bJeing convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly telates to the practice of engineering or the ability to practice engineering.” Likewise, Section 455.227(1)(c), Florida Statutes, provides that disciplinary action can be taken against a Professional Engineer for “(bjeing convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession.” 5. Section 471.013(1)(a), Florida Statutes, provides in material part: “A person shall be entitled to take an examination for the purpose of determining whether she or he is qualified FBPE vs. R. Scott Batterson, P.E., Case No. 2014037527 Page 2 of 4 Administrative Complaint to practice in this state as an engineer if the person is of good moral character.” Insofar as being of good moral character is a specific prerequisite to being initially licensed as a Professional Engineer, the maintenance of such good moral character directly relates to the practice of engineering or to the ability to practice engineering. 6. As a result of being adjudicated guilty of Bribery (solicitation or request) by a Public Servant, a violation of Section 838.015(1) and 838.015(3), Florida Statutes; Solicitation for Receiving Unlawful Compensation for Official Behavior (Performance of Duty), a violation of Section 838.016(1), Florida Statutes; and Solicitation for Receiving Unlawful Compensation for Official Behavior (Exerting Influence), a violation of Section 838.016(2), Florida Statutes, Respondent was convicted of committing a crime of moral turpitude and thus has not maintained the good moral character required of a Professional Engineer. As a result, Respondent’s conviction directly relates to the Respondent’s practice of engineering and to Respondent’s ability to practice engineering. 7. Based on the foregoing, Respondent is charged with violating Sections 455.227(1}(c) and 471.033(1)(4), Florida Statutes, by being adjudicated guilty of a crime which directly relates to the practice of engineering or the ability to practice engineering. WHEREFORE, the Petitioner respectfully requests the Board of Professional Engineers to enter an order imposing one or more of the following penalties: permanent revocation or suspension of the Respondent’s license; restriction of the Respondent's practice; imposition of an administrative fine; issuance of a reprimand; placement of the Respondent on probation; the assessment of costs related to the investigation and prosecution of this case, other than costs associated with an attorney’s time, as provided for in Section 455.227(3), Florida Statutes; and/or any other relief that the Board deems appropriate. ne FBPE vs. R. Scott Batterson, P.E., Case No. 2014037527 Page 3 of 4 Administrative Complaint SIGNED this LO —Hay of i CK h . 2015. Zana Raybon Executive Director J. Rimes, IIT ng Attorney COUNSEL FOR FEMC: John J. Rimes, Hl Prosecuting Attorney Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 PCP DATE: March 10, 2015 PCP Members: Fiorillo, Matthews & Pepper ERTIFI IF VICE 1 HEREBY CERTIFY that a copy of the filed Administrative Complaint was furnished to R. Scott Batterson, P.E., via service upon his lawyer, Amy S. Tingley, Esquire, Stovash * Chase * Tingley, Attomeys, The VUE at Lake Eola, 220 North Rosalind Avenve, Orlando, FL 32801, by rel US. Certified Mail, on the 2° or blac hy 2015. NT FBPE vs. R. Scott Batterson, P.E., Case No. 2014037527 Page 4 of 4 Administrative Complaint

Docket for Case No: 15-002259PL