STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOHN G. MORSE, )

)

Petitioner, )

)

vs. ) CASE NO. 88-5261

) FLORIDA DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF PROFESSIONAL ) GEOLOGISTS, )

)

Respondent. )

)

RECOMMENDED ORDER

A final hearing in this proceeding was conducted on March 28, 1989, in Orlando Florida, before Mary Clark, Hearing Officer.

The parties were represented as follows:

For Petitioner: J. Joaguin Fraxedas, Esquire

Two South Orange Plaza Orlando, Florida 32801

For Respondent: Clark R. Jennings, Esquire

Department of Legal Affairs Suite 1603, The Capitol Tallahassee, Florida 32399-1050

BACKGROUND AND PROCEDURAL MATTERS

John Morse requested a formal hearing after receiving a notice of denial of licensure by the Application Committee of the Board of Professional Geologists. The basis for denial was the committee's determination that he had not completed the requisite number of hours of geology courses.

At the hearing Mr. Morse testified in his own behalf and, through counsel, presented his argument that the statutory definition of "geology" also included the hydrology courses which he, undeniably, successfully completed.

The Respondent Board presented the testimony of two of its members, including the chairperson of the application committee.

The entire Morse application file was received in evidence by stipulation.

ISSUE

The issue for determination is whether John Morse is entitled to licensure as a geologist under the provisions of section 492.105, Florida Statutes.

FINDINGS OF FACT

1. John G. Morse graduated from Ohio State University in 1966 with a B. S. degree in physics. He later attended the University of Arizona, and in 1976 was awarded a M. S. degree with a major in hydrology.

   
   

2. Morse's degree was obtained from the University's College of Earth Sciences, which unlike many similar institutions, has a separate Department of Hydrology, focussing on fluids, and a Department of Geology, focussing on minerals.

   
   

3. The courses which Morse presents for the educational requirements for a geologist license are as follows (all from the University of Arizona):

   
   

   Course Title Hours

   Physical Geology 3

   Hydrology 3

   Dynamics of Flow Systems of the Earth (A & B) 6

   Hydrogeology 3

   Geomathematics 3

   Aquifer Mechanics 3

   Advanced Topics in Hydrology 3

   Advanced Topics in Hydrology 3

   Analysis of Hydrologic Systems 3

   30

   
   

   All, with the possible exception of physical geology, were upper division courses and all were successfully completed by Morse.

   
   

   All of the courses, with the exception of physical geology and geomathematics, were offered in the Department of Hydrology.

   
   

4. The hydrology courses, comprising Morse's primary area of concentration, involve the study of the movement of fluids through the earth, in the earth and on the surface of the earth.

   
   

5. Since graduation, Morse has engaged in responsible, professional work related to hydrology and hydrogeology, including work in Carlsbad, New Mexico, related to nuclear waste storage. Since July 1988, he has been employed in Florida by Jammal and Associates, an engineering firm in Winter Park. As Senior Hydrogeologist he is responsible for directing and conducting geoenvironmental studies.

   
   

6. Morse contends that most geologists in Florida are engaged in the area of water supply development and contamination assessment and that there is substantial overlap and cross-over between geologists and groundwater hydrologists.

   
   

7. The Florida Legislature created the Board of Professional Geologists within the Department of Professional Regulation in 1987.

   
   

   Morse filed his application in May 1988, well within the one-year deadline for non-examination licensure.

   
   

8. The Board denied his application on September 13, 1988, citing the provisions of subsection 492.105 (1)(d) 1. and 2., Florida Statutes.

   The application committee identified only two geology courses in Morse's academic transcript: physical geology and geomathematics, a 6-hour total.

   
   

9. Dr. Anthony Randazzo is chair of the application committee. He is also a professor and chair of the University of Florida's Department of Geology, which department also includes courses in hydrology.

   
   

   Two applicants, other than Morse, with degrees in hydrology from the University of Arizona, were granted licensure as geologists because they had sufficient geology courses in addition to their hydrology courses.

   
   

10. Hydrology is an important field related to geology but it is not the discipline itself. A hydrologist might be aware of the dynamics of flow systems, but a professional would need some knowledge of the nature of the rocks through which the fluid flows in order to seal work as a geologist.

    
    

11. The University of Arizona makes a specific distinction between geology and hydrology. The University of Florida includes hydrogeology courses in its Geology Department curricula, but basic geology courses: physical geology, paleontology, field camp, minerology, and the like, are required for a degree in geology.

    
    

    CONCLUSIONS OF LAW

    
    

12. The Division of Administrative Hearings has jurisdiction in this proceeding pursuant to section 120.57 (1), Florida Statutes.

    
    

13. John Morse, Petitioner, has the burden of proving that he is entitled to licensure as a geologist. Balino vs. Department of Health and Rehabilitative Services, 348 So. 2nd 349 (Fla. 1st DCA 1977).

    
    

14. Section 492.102 (3), Florida Statutes defines "geology" as:

    
    

    ...the science which includes the treatment of the earth and its origin and history, in general; the investigation of the earth's crust and interior and the solids and fluids, including all surface and underground waters, and gases which compose the earth; the study of the natural agents, forces, and processes which cause changes in the earth; and the utilization of this knowledge of the earth and its solids, fluids, and gases, and their collective properties and processes, for the benefit of mankind.

    
    

15. A "geologist", as defined in section 492.102 (4), Florida Statutes,

    is:

    
    

    ...an individual who, by reason of his knowledge of geology, solids, mathematics, and the physical and life sciences, acquired by education and practical experience, is capable of practicing the science of geology.

    
    

16. Subsection 492.105 (2)(c), Florida Statutes, permits applicants who

    otherwise meet the requirements for licensure to be licensed without a written

    examination, if application is made in proper form within 1 calendar year of October 1, 1987.

    
    

17. Among other requirements in section 492.105 (1), Florida Statutes is this relevant educational requirement:

    
    

    (d) Fulfills the following educational requirements at a college or university the geological curricula of which meet the criteria established by an accrediting agency recognized by the United States Department of Education:

    1. Graduation from such college or university with a major in geology or other related science acceptable to the department;

       and

    2. Satisfactory completion of at least 30 semester hours of geological courses, 24 of which must be at the third or fourth year or graduate level. (emphasis added)

    
    

18. Unless Morse's hydrology department courses are considered "geological courses", he fails to fulfill the requirements of (d) 2., above.

    
    

19. In a narrow sense, the study of the fluids which are in and on the earth is included within the definition of "geology" in Section 492.102 (3), Florida Statutes above. However, that study, hydrology, is not the same as geology, as it does not include the investigation of the earth's crust, solids and gases.

    
    

20. The courses comprise a piece, but not the whole of the field, and for that reason, are not considered "geology" courses.

    
    

21. In his proof, Petitioner failed to overcome the rational, common sense approach of the Board: that an education in geology requires some ground in basic principles in the field, and that the statute requires at least 30 hours of courses in those principles. Chapter 492, Florida Statutes, was created for the regulation of the practice of geology, not hydrology, nor some other related profession.

RECOMMENDATION

Based on the foregoing, it is hereby

RECOMMENDED: That Petitioner's application for licensure as a geologist in the State of Florida be denied.

DONE and ENTERED this 8th day of May 1989 in Tallahassee, Florida.

MARY CLARK

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of May, 1989.

COPIES FURNISHED:

J. Joaquin Fraxedas, Esquire Two South Orange Plaza Orlando, Florida 32801

Clark R. Jennings, Esquire Department of Legal Affairs Suite 1603, The Capitol Tallahassee, Florida 32399-1050

Kenneth D. Easley, Esquire General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 88-005261

Orders for Case No: 88-005261