STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SUZANNE MORGAN DALEY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1283

)

DEPARTMENT OF PROFESSIONAL )

REGULATION, BOARD OF )

ARCHITECTURE, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Tallahassee, Florida, on July 26, 1982, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by:

APPEARANCES

For Petitioner: No Appearance

For Respondent: Arthur C. Walberg, Esquire

Office of the Attorney General The Capitol

Tallahassee, Florida 32301

This matter arose on the denial of Petitioner's application for registration to practice architecture. Hearing was convened on this denial pursuant to Petitioner's request (letter dated April 22, 1982).

FINDINGS OF FACT

1. Respondent presented evidence from Petitioner's application which showed registration in Illinois on February 19, 1980. According to this application, she is not registered in any other state and does not hold an academic degree in architecture.

   
   

   CONCLUSIONS OF LAW

   
   

2. Pursuant to Sections 481.211 and 461.213, Florida Statutes (1979), a person applying for licensure must hold a bachelor's degree in architecture or have engaged in the practice of this profession as a registered architect in another state for not less than ten years. Based on her application, Petitioner does not meet either of these requirements.

   
   

3. An applicant may also be licensed by endorsement if criteria in effect in the original licensing state were substantially equivalent to those in effect in Florida at the time of registration. The application indicates Petitioner was first licensed in 1980, after the current Florida requirements were enacted.

   Therefore, the bachelor's degree or ten year experience requirement would necessarily apply in this situation.

   
   

   Rule 28-6.08(3), Florida Administrative Code, provides:

   Any hearing on the denial of a license shall be conducted in accordance with Section 120. 57, and unless otherwise provided by law the

   applicant shall have the burden of establishing entitlement to the license.

   
   

4. Petitioner, having failed to appear and present evidence at the duly noticed hearing, has failed to carry her burden of establishing entitlement to the license sought as required by the above quoted rule.

RECOMMENDATION

From the foregoing, it is RECOMMENDED:

That the petition be DISMISSED.

DONE and ENTERED this 28th day of July, 1982 in Tallahassee, Florida.

R. T. CARPENTER Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

FILED with the Clerk of the Division of Administrative Hearings this 28th day of July, 1982.

COPIES FURNISHED:

Frederick R. Brock, Esquire GARTNER AND PHILLIPS

Suite 600

1325 San Marco Boulevard Jacksonville, Florida 32207

Arthur C. Walberg, Esquire 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

Samuel R. Shorstein Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-001283

Orders for Case No: 82-001283