93-004407 Leon Cases vs. Board Of Architecture And Interior Design Status: Closed Recommended Order on Wednesday, May 11, 1994.

Summary: Application for licensure by endorsement should be denied where applicant is not a graduate of a five year architecture program.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LEON CASES, )

)

Petitioner, )

)

vs. ) CASE NO. 93-4407

)

DEPARTMENT OF BUSINESS AND, )

PROFESSIONAL REGULATION, BOARD OF )

ARCHITECTURE AND INTERIOR DESIGN, )

)

Respondent. )

__________________________________)

RECOMMENDED ORDER

Pursuant to Notice, a formal hearing was conducted in this case on November

12, 1993, at Miami, Florida, before Michael M. Parrish, a duly designated

Hearing Officer of the Division of Administrative Hearings. Appearances for the

parties were as follows:

APPEARANCES

For Petitioner: Joseph Paglino, Esquire

11601 Biscayne Boulevard, Suite 301

Miami, Florida 33181

For Respondent: John J. Rimes, III, Esquire

Assistant Attorney General

Department of Legal Affairs

The Capitol, LL 04

Tallahassee, Florida 32399-1050

STATEMENT OF THE ISSUE

The issue in this case is whether the Petitioner is entitled to be licensed

as an architect in the State of Florida by endorsement as provided in Section

481.213(3), Florida Statutes.

PRELIMINARY STATEMENT

At the formal hearing on November 12, 1993, the Petitioner testified on his

own behalf and also presented the testimony of five other witnesses. The

Petitioner also offered three exhibits, all of which were received in evidence.

At the conclusion of the Petitioner's evidentiary presentation, the Petitioner

also filed with the Hearing Officer the Petitioner's Memorandum of Law in

Support of Licensure. The Respondent presented the testimony of one witness and

offered four exhibits, all of which were received in evidence.

At the conclusion of the hearing, the parties requested, and were granted,

fifteen days from the filing of the transcript within which to file their

respective proposed recommended orders. The transcript was filed on December

28, 1993. Thereafter, both parties filed timely proposed recommended orders

containing proposed findings of fact and conclusions of law. Specific rulings

on all proposed findings of fact are contained in the Appendix to this

Recommended Order. With one exception noted in the Appendix, the Findings of

Fact which follow are substantially identical to the findings proposed by the

Respondent, with a few editorial changes in the interest of clarity.

FINDINGS OF FACT

1. The Petitioner, Leon Cases, is an applicant to become licensed as an

architect in the State of Florida by endorsement as provided in Section

481.213(3), Florida Statutes. The Petitioner was originally licensed as an

architect in the State of New York in 1992, and the parties stipulate that he

has passed the national licensure examination as prepared by the National

Council of Architectural Registration Boards (NCARB) and thus has completed all

examination requirements for licensure. The parties also stipulate that the

Petitioner has completed an architectural internship which is substantially

equivalent to that required by Section 481.211, Florida Statutes.

2. The Petitioner graduated from the School of Architecture and

Environmental Studies of the City College of New York on September 1, 1977, with

the degree of Bachelor of Science in Architecture (BS Arch). The School of

Architecture and Environmental Studies at the City College of New York is a

school or college of architecture accredited by the National Architecture

Accreditation Board (NAAB). The degree which the Petitioner received from the

City College of New York is not the professional degree in architecture offered

by that college.

3. NAAB accredits schools and colleges of architecture which offer

curricula and programs leading to a first professional degree in architecture.

A professional degree in architecture in the United States is uniformly

evidenced by a five year degree leading to a Bachelor of Architecture (B. Arch)

or a six or more year two stage degree program (a bachelor's [not a B. Arch

degree] degree followed by a master's degree) leading to a Master of

Architecture (M. Arch). It is not disputed that the Petitioner's degree (a

four-year Bachelor of Science in Architecture degree) is not a professional

degree in architecture as defined by NAAB.

4. The Petitioner completed the course requirements for the BS Arch degree

from CCNY, but did not attempt or complete the course requirements for the fifth

year which results in the B. Arch from CCNY. The fifth year of a five-year

program leading to a professional degree in architecture is an important part of

the educational process which results in the synthesis of all the undergraduate

work which is done in the first four years. This importance is recognized by

CCNY which in its catalogue noted that it is only "with this degree [the

bachelor of architecture, that] the student may begin the internship required

for admission to the examination for licensure as a registered architect."

5. It is in the fifth year of a five-year professional degree program,

that a student usually (via a thesis requirement) develops an architectural

program and completes the design of a structure from concept to completion. It

is this requirement that allows the faculty to measure an individual's capacity

to become a practicing architect. The Petitioner completed none of the fifth

year requirements at CCNY.

6. After the Petitioner graduated from CCNY he moved to the State of

Florida and began working at an architectural firm. He considered applying to

sit for the licensure examination in the State of Florida in the early 1980's;

however, he determined that he would not be eligible to sit for the examination

since he did not have a five-year professional degree in architecture.

7. As a result, the Petitioner determined to apply to New York under the

provisions of that state's licensure laws. He was accepted to sit for the

examination in New York pursuant to his combination of education and experience,

and was licensed after completing all parts of the exam in 1992.

8. The Petitioner was authorized to sit for the examination in New York as

a result of New York's statutes and rules which permit a combination of

education and experience to be used to form the basis for entry to the licensure

examination. The State of New York has confirmed this method by which the

Petitioner was authorized to sit for the examination and ultimately licensed

within New York by a document sent to the Florida Board of Architecture and

Interior Design verifying the Petitioner's licensure in that state and the

manner by which that licensure occurred.

9. Since 1979 the Florida Board of Architecture and Interior Design has

interpreted the provisions of Chapter 481.209, Florida Statutes, relating to

entry to the licensure examination to mandate that a professional degree in

architecture from an accredited school or college of architecture approved by

NAAB is required. The only proviso is that applicants from an unaccredited

school or college of architecture must meet standards which are equivalent to

NAAB. These standards have been set forth by Board Rule 61G1-13.003, F.A.C.,

which mandates a five-year professional degree in architecture.

10. Neither the Board of Architecture and Interior Design nor the

Department of Business and Professional Regulation have compiled a subject

matter index as mandated by Section 120.53, Florida Statutes.

11. No evidence has been adduced to show that the Board has taken a

position contrary to its established position that a professional degree in

architecture is required by the provisions of Section 481.209, Florida Statutes,

prior to licensure in the State of Florida.

12. The Board did produce information relevant to past Board actions on

applications either for licensure by endorsement or to sit for the examination,

which shows that the Board has consistently denied such applications if a

professional degree from an accredited school or college of architecture, or an

equivalent degree from an unaccredited school or college of architecture, or an

equivalent degree from an unaccredited school or college of architecture was not

present in the applicant's educational background.

CONCLUSIONS OF LAW

13. The Division of Administrative Hearings has jurisdiction over the

subject matter of and the parties to this proceeding. Section 120.57(1),

Florida Statutes.

14. Section 481.209, Florida Statutes, reads as follows, in pertinent

part:

(1) A person desiring to be licensed as a

registered architect shall apply to the

department to take the licensure examination.

The department shall administer the licensure

examination to each applicant who the board

certifies:

* * *

(b)1. Has successfully completed all

architectural curriculum courses required by

and is a graduate of a school or college of

architecture accredited by the National

Architectural Accreditation Board; or

2. Is a graduate of an approved

architectural curriculum, evidenced by a

degree from an unaccredited school or college

of architecture approved by the board. The

board shall adopt rules providing for the

review and approval of unaccredited schools

and colleges of architecture and courses of

architectural study based on a review and

inspection by the board of the curriculum of

accredited schools and colleges of architecture

in the United States, including those schools

and colleges accredited by the National

Architectural Accreditation Board; and

(c) Beginning on October 1, 1989, has

completed, prior to examination, 1 year of the

internship experience required by s. 481.211(1).

15. Section 481.211, Florida Statutes, reads as follows:

(1) An applicant for licensure as a

registered architect shall complete, prior to

licensure, an internship of diversified

architectural experience approved by the board

in the design and construction of structures

which have as their principal purpose human

habitation or use. The internship shall be for

a period of:

(a) Three years for an applicant holding the

degree of Bachelor of Architecture; or

(b) Two years for an applicant holding the

professional degree of Master of Architecture.

(2) Beginning on October 1, 1989, each applicant

for licensure shall complete 1 year of the

internship experience required by this section

subsequent to graduation from a school or college

of architecture as defined in s. 481.209(1).

16. Section 481.213(3), Florida Statutes, reads as follows:

(3) The board shall certify as qualified for

a license by endorsement as an architect or as

an interior designer an applicant who:

(a) Qualifies to take the prescribed licensure

examination, and has passed the prescribed

licensure examination or a substantially

equivalent examination in another jurisdiction,

as set forth in s. 481.209 for architects or

interior designers, as applicable, and has

satisfied the internship requirements set forth

in s. 481.211 for architects;

(b) Holds a valid license to practice

architecture or to use the title "interior

designer," as applicable, issued by another

jurisdiction of the United States, if the

criteria for issuance of such license were

substantially equivalent to the licensure

criteria which existed in this state at the

time the license was issued; or

(c) Has passed the prescribed licensure

examination and holds a valid certificate

issued by the National Council of Architectural

Registration Boards, and holds a valid license

to practice architecture issued by another state

or jurisdiction of the United States. For the

purposes of this paragraph, any applicant

licensed in another state or jurisdiction after

June 30, 1984, must also hold a degree in

architecture and such degree shall be equivalent

to that required in s. 481.209(1)(b).

17. The Rules adopted by the Board of Architecture and Interior Design

include the following at Rule 61G1-13.003(2), Florida Administrative Code:

(2) An applicant must have obtained a first

professional degree from an approved program

of study of five years or more.

[Emphasis added.]

18. The Petitioner argues that he is entitled to the licensure he seeks

because he is "a graduate of school or college of architecture accredited by the

Nation Architectural Accreditation Board" within the literal language of Section

481.209(1)(b)1, Florida Statutes. The Board has taken a different view of the

quoted language and has, through rulemaking, interpreted the quoted languages as

requiring graduation "from an approved program of study of five years or more."

While reasonable men might differ as to whether the Board's interpretation of

the subject statutory language is the best interpretation of that language, the

Board's choice in this regard appears to be a reasonable interpretation well

within the permissible scope of the Board's discretion. Such being the case,

the subject statutory language must be applied as interpreted by the Board,

rather than in the literal manner proposed by the Petitioner. When the statute

is applied in a manner consistent with Rule 61G1-13.003(2), Florida

Administrative Code, the Petitioner's application must be denied because he does

not have the required professional degree "from an approved program of study of

five years or more."

19. Relying on Gessler v. Department of Business and Professional

Regulation, 18 F.L.W. 2076 (Fla. 4th DCA, September 22, 1993), the Petitioner

also asserts that he is entitled to the license he seeks because of the Board's

failure to index its order and rules. Nothing in Gessler, supra, requires or

authorizes such a remedy.

RECOMMENDATION

On the basis of all the foregoing, it is RECOMMENDED that the Board of

Architecture and Interior Design issue a final order in this cause denying the

Petitioner's application.

DONE and ENTERED this 11th day of May 1994 at Tallahassee, Florida.

___________________________________

MICHAEL M. PARRISH

Hearing Officer

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

[phone]

Filed with the Clerk of the

Division of Administrative Hearings

this 11th day of May 1994.

APPENDIX

The following are the specific rulings on all proposed findings of fact

submitted by all parties.

Findings proposed by Petitioner:

The findings addressed immediately below are the four paragraphs following

the caption "FINDINGS OF FACT" at pages 11 and 12 of the Petitioner's proposed

recommended order. No effort has been made to make specific rulings on other

factual assertions that appear throughout other portions of the Petitioner's

proposed recommended order in conjunction with arguments and conclusions of law.

Paragraph A: Accepted up to the first comma. The remainder is rejected as

contrary to the greater weight of the evidence.

Paragraph B: Accepted up to the first use of the word "architect." The

remainder is rejected as contrary to the greater weight of the evidence.

Paragraph C: Rejected as constituting argument or proposed conclusion of

law, rather than proposed findings of fact. And, in any event, the argument

lacks merit.

Paragraph D: First sentence rejected as constituting argument or

conclusion of law, rather than proposed finding of fact. Second sentence

rejected as contrary to the greater weight of the evidence.

Findings proposed by Respondent:

All findings of fact proposed by the Respondent have been accepted, with

the exception of the last paragraph of same. The last paragraph proposed by the

Respondent is rejected as constituting subordinate and unnecessary details.

COPIES FURNISHED:

Joseph Paglino, Esquire

11601 Biscayne Boulevard, Suite 301

Miami, Florida 33181

John J. Rimes, III, Esquire

Assistant Attorney General

Department of Legal Affairs

The Capitol, LL 04

Tallahassee, Florida 32399-1050

Angel Gonzalez, Executive Director

Architecture & Interior Design

Department of Business and

Professional Regulation

1940 North Monroe Street

Tallahassee, Florida 32399-0792

Jack McRay, Acting General Counsel

Department of Business and

Professional Regulation

1940 North Monroe Street

Tallahassee, Florida 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended

Order. All agencies allow each party at least 10 days in which to submit

written exceptions. Some agencies allow a larger period within which to submit

written exceptions. You should contact the agency that will issue the final

order in this case concerning agency rules on the deadline for filing exceptions

to this Recommended Order. Any exceptions to this Recommended Order should be

filed with the agency that will issue the final order in this case.