STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOHN ALFRED McGILL, )

)

Petitioner, )

)

vs. ) CASE NO. 80-1594

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF ENGINEERS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal administrative hearing was conducted in the above matter before the undersigned Hearing Officer on July 31, 1981, in Miami, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Appeared on his own behalf For Respondent: John J. Rimes

Tallahassee, Florida

Petitioner has filed an application for admission to take the examination administered by the Department of Professional Regulation which would entitle him to licensure as a professional engineer in Florida. The application was filed with the State Board of Professional Engineers on January 18, 1980. The Board reviewed the application and determined that the Petitioner lacked the necessary years of experience to entitle him to admission to the examination. Petitioner requested a formal hearing, and the matter was forwarded to the office of the Division of Administrative Hearings and was filed on August 29, 1980. The hearing was originally scheduled to be conducted in November, 1980, but was continued in order to allow petitioner an opportunity to present additional evidence directly to the Board of Engineers. The Board persisted in its opinion that the Petitioner lacked sufficient experience, and the final hearing was scheduled as set out above.

At the final hearing, the Petitioner testified as a witness on his own behalf. The Petitioner's file that had been submitted to the Board was received in evidence. The testimony of Eugene N. Bechamps, a registered professional engineer in Florida and a member of the Florida State Board of Engineers, was taken in the form of two separate depositions which were received into evidence. The Respondent has submitted proposed findings of fact and conclusions of law.

To the extent that the proposed findings and conclusions have not been specifically adopted in this Recommended Order, they have been rejected as either irrelevant to the issues, or as not supported by the evidence.

The issue in this matter is whether Petitioner has sufficient active engineering experience to entitle him to admission to take the examination for licensure as a registered professional engineer.

FINDINGS OF FACT

1. Petitioner has not completed an approved engineering curriculum. From 1955 through 1958, he was enrolled in an engineering program at the University of Florida. He received an associate in arts degree. During 1961 he was enrolled for three semesters in an engineering program. Petitioner's other educational experiences have not been in the field of engineering. Since the Petitioner did not complete the requirements for a degree program, it is appropriate that his educational experience be viewed as engineering work experience in order to determine his eligibility to take the examination for licensure as a professional engineer. Since he has completed only the earlier stages of an engineering program, it is not appropriate that his years of educational background be credited directly as years of work experience. It is appropriate, however, that he be considered as having had one year of engineering work experience as an engineer based upon his total educational background.

   
   

2. From 1964 until 1970, Petitioner worked for the Department of of Coastal and Oceanographic Engineering at the University of Florida. He was in charge of field experiments considering littoral drift on the east coast of Florida. He assisted in setting up programs for beach erosion control. Petitioner was in charge of conducting various experiments to observe beach erosion, to locate sources of offshore sand for use in erosion prevention, and in developing models to establish techniques for stabilizing sand movements. Some of the work he performed was clearly engineering work, but a significant portion of it would more properly be classified as surveying work. The Petitioner was directly supervised by James A. Purpura, who was a professional engineer. Unfortunately, Mr. Purpura is deceased. Only three-quarters of a year of the experience that the Petitioner had with the Department of Coastal and Oceanographic Engineering has been verified by a registered professional engineer as engineering experience. In view of the fact that significant portions of the Petitioner's work from 1964 to 1970 was not engineering work, and the fact that his work cannot be verified as engineering work, it is not appropriate that he be credited with more than three-fourths year of engineering work experience for this period.

   
   

3. From 1970 until 1972, Petitioner was employed with Global Oceanic, Inc. Petitioner testified that during this period he designed a submersible dredge; was involved in restoration of beach property in the Bahamas; and designed and constructed a marina, a water desalination plant, various seawalls, and roads. Petitioner testified that he was employed as field engineer during this period. Petitioner presented no verification from a registered professional engineer as to the nature of his work experience with Global Oceanic, Inc. He testified that his director-supervisor, who was a professional engineer, died. From 1972 until 1973, Petitioner was employed with his own company, McGill and Associates. His work during this period was to complete activities with Global Oceanic, Inc., after his employer died. Petitioner testified that his work with McGill and Associates was as a field engineer. Again, however, there has been no verification of his work experience by a registered professional engineer. In view of the fact that the Petitioner's experience wit Global Oceanic, Inc., and with McGill and Associates from 1972 until 1973 has not been verified by a professional engineer as engineering work experience, it is not appropriate that the Petitioner be credited with experience by the Board of Engineers.

4. From 1973 until 1975, Petitioner was employed by Kunde and Associates, an engineering firm. During this period, he oversaw various construction projects, and monitored them to assure that they were being constructed in accordance with engineering specifications. He served as a field engineer, directly responsible for various dredging and road building projects. Petitioner's work experience while at Kunde and Associates has been verified by a professional engineer as engineering work experience, and there does not appear to be any dispute that he should be credited with two years of engineering work experience for this period.

   
   

5. Since 1975, the Petitioner has worked with his own company, McGill and Associates. He has been in the business of designing and constructing swimming pools and whirlpool spas. He has spent a fair amount of his time engaged in the original design of whirlpools. He has also participated in designing swimming pools, but in order to receive construction permits, registered engineers have had to evaluate and approve his designs. A considerable amount of the work that Petitioner has performed since 1975 has been engineering work; however, limited engineering know-how is required in swimming pool and whirlpool design and construction. Only approximately one year of non-repetitive engineering experience can appropriately be credited to such activities.

   
   

6. Crediting Petitioner with one year of engineering work experience resulting from his educational background, three-fourths year of engineering work experience with the Department of Coastal and Oceanographic Engineering at the University of Florida, two years of engineering work experience with Kunde and Associates, and one year of engineering work experience with McGill and Associates, the Petitioner has four and three-fourths years of valid engineering work experience.

CONCLUSIONS OF LAW

7.. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Sections 120.57(1), 120.60, Florida Statutes.

1. Section 471.013(1), Florida Statutes, provides in pertinent part:

   
   

   A person shall be entitled to take an examination for the purpose of deter- mining whether he is qualified to practice in this state as an engineer if the person is of good moral charac- ter and:

   1. Is a graduate from an approved engineering curriculum of 4 years or more in a school, college, or univer- sity which has been approved by the board and has a record of 4 years of active engineering experience of a character indicating competence to

      be in responsible charge of engineering or

   2. Has, in lieu of such education and experience requirements, 10 years or more of active engineering work of a character indicating that the appli-

cant is competent to be placed in responsible charge of engineering.

Petitioner has not graduated from an approved engineering curriculum, and in order to be entitled to take the examination must demonstrate ten years or more of active engineering work. The Board of Engineers has adopted rules respecting the sort of verification of work experience that is required. Board Rule 21H- 20.02, Florida Administrative Code, provides in pertinent part:

(2) In order to verify an applicant's experience record, the Board will require evidence as to employment from employers or supervisors who are prac- ticing or professional engineers or both. Such evidence should be in the form of at least five engineer refer- ences two of which shall be from pro- fessional engineers which shall set forth the quality and character of

the applicant's duties and responsi- bilities. The applicant shall also submit any other evidence which would further explain or describe both the quality and character of his experi- ence. . .

(3)(a) The Board will accept in lieu of actual employment experience cer- tain educational qualifications which the Board deems to be equivalent to active engineering experience of a character indicating competence to be in responsible charge of engineering.

Petitioner has established that he has only four and three- fourths years of engineering work experience in accordance with the Board Rules. Petitioner thus lacks the requisite qualifications to be entitled to take the examination for licensure as a professional engineer.

RECOMMENDED ORDER

Based upon the foregoing findings of fact and conclusions of law, it is, hereby,

RECOMMENDED:

That the Florida State Board of Engineers enter a final order denying the application of John Alfred McGill to take the examination for licensure as a registered professional engineer.

RECOMMENDED this 23rd day of September, 1981, in Tallahassee, Florida.

G. STEVEN PFEIFFER Assistant Director

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 23rd day of September, 1981.

COPIES FURNISHED:

Mr. John A. McGill 6370 Manor Lane Post Office Box 412

South Miami, Florida 33143

John J. Rimes, III, Esquire Assistant Attorney General Department of Legal Affairs The Capitol

Tallahassee, Florida 32301

Ms. Nancy Kelley Wittenberg, Secretary Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 80-001594

Orders for Case No: 80-001594