FILED Florida Engineers Management Corporation SEP { 5 2065 “ Deputy Agency Clerk a \ va Evette Lawson-Proctor 9/15/2015 Clerk: STATE OF FLORIDA ; FLORIDA BOARD OF PROFESSIONAL ENGINEERS > Zor te i FLORIDA BOARD OF PROFESSIONAL re ENGINEERS, rm Petitioner, ; \4: L lif gp L “ Coe! err om v. FEMC Case No. 20150197795 OLIVER TURZAK, P.E., Respondent, / ADMINISTRATIVE COMPLAINT. COMES NOW the Florida Engineers Management Corporation (“FEMC”) on behalf of Petitioner, Florida Board of Professional Engineers (“Petitioner,” “Board,” or “FBPE”), and files this Administrative Complaint (“Complaint”) against OLIVER TURZAK, P.E. (“Respondent”). This 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, The Board is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes. This Complaint is filed by the 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); 2. 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 18230. Respondent’s last known and Address of Record is $405 Water Street, New Port Richey, FL 34652. Page 1 of 5 3. On June 24, 2014, a Final Order (Final Order) was entered by the Board in FEMC Case No. 2011032162. The Order was not appealed. 4. The Final Order provided for disciplinary action to be imposed upon Respondent as follows: - Reprimand; - Fine of $2,000 to be paid within 30 days of the date of the Final Order; - One year Suspension; - Two years’ Probation with terms; co After reinstatement of Respondent's license from Suspension, Project Review at six and eighteen months; o Study Guide to be completed within 30 days of the date of the Final Order. 5. Pursuant to the Final Order, the FINE and STUDY GUIDE were initially due on July 24, 2014. On July 25, 2014, Trishia Finkey, the Probable Cause & Final Order Compliance Coordinator corresponded with counsel for Respondent. The email stated: Your client, Oliver Turzak, is overdue on the successful completion of the Board approved Study Guide (which he is unable to take until you give me an email address for him, as I asked in the attached email). If you would, please send me a working e-mail address for Mr. Turzak. The Study Guide does not cost Mr. Turzak any money. 6. On August 25, 2014, Ms. Finkey again corresponded with counsel for Respondent. The email stated: The Administrative Fine of $2,000.00 pursuant to the Final Order entered by the Florida Board of Professional Engineers and filed with the Department of Business and Professional Engineers on June 24, 2014 was due on July 24, 2614, I have not yet received payment of those funds. Please comply with the Final order, which is attached hereto for your convenience. 7. On October 9, 2014, Respondent’s request for extension of time to pay the administrative fine was heard by the Board and an extension of time was granted. The extension of time provided for payment of the fine no later than six months or by February 27, 2015. a ee FRPE v, Oliver J. Turzak, P-E., Case No: 2015019772 Page 2 of 5 Administrative Complaint 8. On November 21, 2014, Ms. Finkey again corresponded with counsel for Respondent. The email stated: The deadline for the completion of the Board Approved Study Guide was July 24, 2014, Mr. Turzak, you have been set up in the Study Guide data base at the Florida Board of Professional Engineers for some months now — since July 30, 2014, due to me not having an email address for you until then. There is no cost associated with taking the Study Guide. It is just a 30 page document. You need to study the document (or review for most engineers) and answer the 33 questions that are included along with the Study Guide. The Study Guide can only be accessed through your e-mail. I will send you the link to you, again, today. Please take care of this at your earliest convenience. 9. On December 30, 2014, Ms. Finkey again corresponded with counsel for Respondent. The email stated: This is another reminder that you, Mr. Turzak, are extremely overdue in your successful completion of the Board-Approved Study Guide. Please complete that immediately. You were set up in the system with a valid e-mail address (ftgroup@att.net) on July 30, 2014 ~ as soon as I received the e-mail address from your attorney, Mr. Rankin. I, again, re-input your e-mail into the system on November 21, 2014, in an abundance of caution that you, perhaps, did not receive the link in July. There is not cost associated with taking the Study Guide. It isa 30 page document. All that is required is to study the document and successfully answer the 33 questions that are included along with the Study Guide. The Study Guide can only be accessed through your e-mail. If, for some unforeseen issue you are still unable to access the Study Guide, please provide me with the e-mail which will allow you access. Additionally, this is a reminder that the deadline for you to pay the $2,000.00 fine to the Florida Board of Professional Engineers is February 27, 2015, pursuant to the granting of your request for a 6 month extension of time in which to pay that. 10. On December 31, 2014, a letter was provided to Respondent and counsel for Respondent by Ms. Finkey. The letter stated: FBPE y. Oliver J. Turzak, P.E.; Case No: 2015019772 This is another reminder that you, Mr. Turzak, are extremely overdue in your successful completion of the Board-approved Study Guide. Please complete that immediately. You were set up in the system with a valid e-mail address (iftgroup@att.net) on July 30, 2014 ~ as soon as I received the e-mail address from your attorney, Mr. Rankin. I, again, re-input your e-mail into the system on November 21, 2014, in an abundance of caution that you, perhaps, did not receive the link in Administrative Complaint Page 3 of 5 July. There is no cost associated with taking the Study Guide. It is a 30 page document. All that is required is to study the document and successfully answer the 33 questions that are included along with the Study Guide. The Study Guide can only be accessed through your e-mail. If, for some unforeseen issue you are still unable to access the Study Guide, please provide me with the e-mail which will allow you access. Additionally, this is a reminder that the deadline for you to pay the $2,000.00 fine to the Florida Board of Professional Engineers is February 27, 2015, pursuant to the granting of your request for a 6 month extension of time in which to pay that. 11. On April 9, 2015, Ms. Finkey provided her final reminder to Respondent and counsel for Respondent. The email stated: This e-mail is to inform you that Mr. Turzak has still net completed the required Florida Board of Professional Engineers Study Guide, which should have been completed by July 24, 2014. Also, Mr. Turzak’s fine of $2,000.00 was due February 27, 2015 and that has not yet been paid. Please accept this as a courtesy e-mail that I will need to provide this file to the FEMC Investigator to open a new complaint against Mr. Turzak for failure.to comply with the Final Order in his case number 2011032162. I actually have no choice in the matter at this point in time due to the lack of compliance with the Final Order and the extension of time given to pay the $2,000.00 fine. 12. To date, Respondent has not paid the FINE or submitted the SFUDY GIUDE as required by the terms of the Final Order. 13. Section 471.033(1)(k), Florida Statutes, provides that an engineer is subject to discipline for ... “ [v]iolating any order of the board or department previously entered in a disciplinary hearing.” For the reasons set forth in Paragraph Three (3) to Paragraph Twelve (12) above, Respondent has violated the terms of the Final Order in FEMC Case No. 2011032162. 14, Based upon the foregoing, Respondent is charged with violating Section 471.033(1)(k), Florida Statutes. 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 a FBPE v. Oliver J. Turzak, P.E.; Case No: 2015019772 Page 4 of 5 Administrative Complaint 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. tht Zz ; SIGNED this_ /_dayof_ Dep feat ber +2015. Zana Raybon Executive Director ae BY: fe in J. Rimes, Hl Proseguting Attorney COUNSEL FOR FEMC: John J. Rimes, If] Prosecuting Attorney Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 PCP DATE: September 15, 2015 PCP Members: Fiorillo, Matthews & Pepper CERTIFICATE OF SERVICE I HEREBY CERTIFY a copy of the foregoing filed Administrative Complaint was furnished to Oliver J. Turzak, P.E. at his Address of Record of 5495 Water Street, New Port Richey, FL 34652 and to his Attorney, Mr. David Rankin, Esquire 18540, North Dale Mabry Highway, Lutz, FL 33548, by certified mail, on the 427" oF echo O15. ‘ Cf 6 ie, ac. hes: * I dee Ttishia Finkey, Pafaleg: ! i at saya -pememeenrrsmm-ceeeoecareanansemane enue ue nena a a FBPE v. Oliver J. Turzak, P.E.; Case No: 2015019772 Page $ of S Administrative Complaint

Docket for Case No: 15-006198PL