STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MICHAEL NALU, )

)

Petitioner, )

)

vs. ) CASE NO. 83-343

) DEPARTMENT OF PROFESSIONAL, ) BOARD OF ARCHITECTURE, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Tallahassee, Florida, on April 28, 1983, before the Division of Administrative Hearings A and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by:

For Petitioner: Mr. Michael Nalu

29810 Evergreen Road

Southfie1d, Michigan 48075

For Respondent: John J. Rimes, Esquire

Department of Legal Affairs Office of the Attorney General The Capitol

Tallahassee, Florida 32301

This matter arose on Respondent's denial of Petitioner's application for licensure by endorsement as an architect. The findings herein are based on the testimony and evidence submitted at the final hearing, as well as Petitioner's late filed Exhibit One. It should be noted that this exhibit contains several documents which are not supported by testimony and have not been evaluated by the Florida Board of Architecture. 1/ Therefore, only those items pertaining to work experience, registration and significant dates have been considered.

FINDINGS OF FACT

1. Petitioner is a licensed architect in the State of Michigan. He began working in this field in 1964 as a designer-draftsman. He later served as a job captain, supervising draftsmen and designers. He began practicing architecture as a principal in February, 1974, and has been active as an architect since that time.

   
   

2. Petitioner began his education in architecture at the University of Oklahoma in 1960, but did not obtain an architectural degree. He began graduate studies at the University of Detroit in 1974 and was awarded a Masters of Architecture Degree in December, 1975.

3. Petitioner was originally registered as an architect in Michigan on February 2, 1975. He obtained his registration without an architectural degree on the basis of his training, experience and national examination results.

   
   

   CONCLUSIONS OF LAW

   
   

4. Subsection 481.213(3), Florida Statutes (1981)(F.S.), provides in part:

   
   

   1. The board shall certify as qualified for a license by endorsement an applicant who:

      
      

      1. Qualifies to take the examination as set forth in Section 481.209; has passed a national, regional, state, or United States territorial licensing examination which is substantially equivalent to the examination required by Section 481.209; and has satisfied the experience requirements set forth in Section 481.211;

         
         

      2. Holds a valid license to practice architecture issued by another state or territory 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

         
         

      3. Has engaged in the practice of architecture as a registered architect in another state for not less than 10 years.

         
         

5. Subsection (3)(a) quoted above establishes three mandatory criteria: qualification to take the Florida examination; 2/ passing of a national examination and satisfying experience requirements set forth elsewhere. 3/ Petitioner has passed the national examination and has the two years experience required of a Masters of Architecture degree holder. However, he does not meet the requirements for qualification to take the Florida examination, which necessitates denial of this application.

   
   

6. Petitioner's master's degree was awarded with less than 45 quarter credits required by Florida rule. 4/ This apparently resulted from a waiver by the degree granting institution of some 21 hours of technical courses based on Petitioner's experience.

   
   

7. Subsection (3)(b) and (3)(c), quoted above, are alternative requirements. Petitioner does not meet the (3)(c) criteria since he was first registered as an architect less than 10 years ago (1975). Whether Petitioner meets the alternative criteria that licensing requirements in Michigan in 1975 were "substantially equivalent" to those existing in Florida at the time can be determined by reference to Florida Statutes (1974 Supp.) 5/

   
   

8. At the time of his Michigan registration in 1975, Petitioner did not, in the view of Respondent, have the equivalent of a professional degree. This determination is rejected based on Petitioner's testimony and late filed exhibit. Petitioner had over ten years of architectural experience and was Satisfactorily engaged in graduate architectural studies at the time of his

   Michigan registration. He thus meets the alternative requirement set forth in Subsection (3)(b). 6/

   
   

9. Petitioner has failed to demonstrate that his architectural degree meets Florida requirements as discussed herein. His success and current recognition in the field of architecture cannot be substituted for licensure by endorsement Standards established by law. However, denial of the application considered in these proceedings does not preclude Respondent's consideration of Petitioner's now amended application.

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED:

That Respondent enter a Final Order affirming its denial of Petitioner's application for licensure by endorsement.

DONE and ENTERED this 28th day of June, 1983, in Tallahassee, Florida.

R. T. CARPENTER, Hearing Officer 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 28th day of June, 1983.

ENDNOTES

1/ Neither parts submitted proposed findings of fact or conclusions of law.

2/ Subsection 481.209(b), F.S., requires an applicant to have graduated from a five year course in architecture which meets rule standards of the Florida Board of Architecture.

3/ Subsection 481.211(1)(b), F.S., requires two years experience for an applicant holding a Masters of Architecture implicit in this requirement.

4/ Rule 21(b) 13.03 requires 45 quarter credits in prescribed technical subjects to satisfy this requirement.

5/ Subsection 467.08(1)(b)5 and Section 467.11 required a five year degree in architecture or training fully equivalent to such degree.

6/ The rule provision mandating 45 technical hours (Footnote 4) was not in effect in 1975 and therefore does not apply

to this specific criteria.

COPIES FURNISHED:

Mr. Michael Nalu 29810 Evergreen Road

Southfield, Michigan 48075

John J. Rimes, Esquire Department of Legal Affairs Office of the Attorney General The Capitol

Tallahassee, Florida 32301

Herbert Coons, Jr., Executive Director Board of Architecture

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Fred M. Roche, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 83-000343

Orders for Case No: 83-000343