Findings Of Fact The Petitioner was an applicant for licensure as a landscape architect in the State of Florida, and he took the licensure examination on June 14th and 15th, 1982. The Petitioner passed one part of this examination, Landscape Architecture Design, with a score of 75, but he failed History of Landscape Architecture, Professional Practice, and Design Implementation. The only part of the exam the Petitioner challenges is Design Implementation for which he received a final grade of 73. His initial Score was 69, but after a review and reevaluation of his designs by the consultant, points were added to his score which brought it up to 73. A score of 75 is required in order to pass the examination. The landscape architecture examination is a national examination, developed and administered by CLARB, Council of Landscape Architectural Registration Boards. The Design Implementation section of the exam is approximately 50 percent of the examination, and is graded by a team of landscape architect experts who have been trained by CLARB in a one-day seminar regarding their responsibilities and evaluation standards. There is always a minimum of two evaluators for each examination. Candidates are identified only by a candidate number, which maintains their anonymity. CLARB utilizes a statistical process to measure the differences among evaluators to eliminate the very hard graders and the very easy ones. In order to arrive at a raw score, CLARB collects all of the examination grades from the entire nation and determines a median score. This is utilized to calculate a coefficient for each individual state that determines the value of each point. The Petitioner was graded on three separate drawings. These drawings were graded by the evaluators for the State of Florida and Petitioner was given a grade of 69. The Petitioner reviewed his examination and made objections to the score given on drawings 1 and 2. These drawings and the Scores given were reviewed by the consultant. addition, the consultant reviewed each one of the scoring items on all three drawings to ensure proper grading Professional judgment must be utilized in grading these examinations, because they are landscape architecture drawings; therefore, the evaluators are professional landscape architecture experts, as is the Department's consultant. The Petitioner's drawings did not meet the Standards set by CLARB for minimal competency in the area of landscape architecture. For example, he did not place elevation figures in proper places, he failed to indicate grades where they were poised to be indicated, he did not show proper contours, and he did not clearly preserve all trees as required by the examination guidelines. Certain grading criteria in the Design examination where cumulative, in that each level must have been completed before the next level could be attained. This resulted in low grades for the Petitioner on some of the criteria. The Petitioner's drawings showed a lack of minimal competency, in that he was not clear and precise in the location of grades and contours, and left vague areas that could be misinterpreted by contractors or surveyors. The Petitioner's testimony consisted largely in going over the parts of the drawings in question, and pointing out areas where he contended more credit should have been given. However, insufficient real evidence, as opposed to the opinion of the Petitioner, was presented to support a finding of fact that his examination score should be upgraded more than was already done. The Petitioner's expert witness had been the Petitioner's employer for two years and, although he supported the Petitioner's contentions that the score on his drawings should be upgraded, the Petitioner's expert had no prior experience in the grading of examinations. Thus, his conclusions were unpersuasive, and have not been found as facts.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of law, it is RECOMMENDED that the application of Augustus A. Perna, Jr., for licensure as a landscape architect be denied, based on his failure to achieve a passing grade on the June, 1982, examination. THIS RECOMMENDED ORDER entered on this 27th day of September, 1983, in Tallahassee, Florida. WILLIAM B. THOMAS 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 27 day of September, 1983. COPIES FURNISHED: Augustus A. Perna 6850 S. W. 40th Street Miami, Florida 33155 Drucilla E. Bell, Esquire 130 North Monroe Street Tallahassee, Florida 32301 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Herbert Coons, Jr. Executive Director Department of Professional Regulation, Board of Landscape Architecture 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Petitioner, Joseph A. Kopec, was a candidate on the real estate salesman examination given on December 17, 1984 in Orlando, Florida. The test is administered by Respondent, Department of Professional Regulation, Division of Real Estate (Division), and requires a score of 75 to pass. Petitioner received a score of 73. The salesman's licensing examination is developed by Respondent and is based on reference books authorized and published by the Division. It contains 100 questions, each having a value of one point. As noted above, seventy five questions must be answered correctly in order to pass the examination. If a candidate wishes to review his examination after his test score is received, he may request a review session with a Division representative in Orlando. Kopec did so, and was given a copy of examination questions and the appropriate answers in order that he might compare the same with the answers which he gave on the test. After reviewing this material, he notified the Division that he wished to challenge questions 58, 62 and 71, and the grading procedures used on the examination. Thereafter, a validation committee comprised of an attorney, the Division education director, and the Division examination development specialist met and reviewed the three questions, found the Division's answers to be correct, and the grading procedures consistent with Division rules. Petitioner was so notified, thereby triggering this proceeding. Other than his own testimony, Petitioner offered no evidence to show that his answers to the above questions were the most correct. At hearing he conceded that his answer to question 58 was incorrect leaving only two questions under challenge. Uncontroverted expert testimony clearly established that Petitioner's answers to the two remaining questions were incorrect, that the challenged questions were drawn from the authorized reference books, and were not "unclear" or "ambiguous" in any respect. Moreover, the procedures used to grade the examination were consonant with agency rules and instructions on the test booklet.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that no change be made to Petitioner's grade on the real estate salesman examination. DONE and ORDERED this 23rd day of July, 1985, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, FL 32301 (904)488- 9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of July, 1985. COPIES FURNISHED: Mr. Joseph A. Kopec 1107 Live Oak New Smyrna Beach, FL 32069 H. Reynolds Sampson, Esq. 130 N. Monroe St. Tallahassee, FL 32301
The Issue The ultimate issue in the instant case is whether Petitioner's challenge to the failing grade he received on the Building Design section of the June, 1989, architecture licensure examination should be sustained.
Findings Of Fact Based upon the record evidence, the Hearing Officer makes the following Findings of Fact: The architecture licensure examination utilized by the Department of Professional Regulation is a national examination prepared by the National Council of Architectural Registration Boards (NCARB). In June, 1989, Petitioner took the Building Design section of this licensure examination, which was the only section of the examination he had not previously passed. A candidate must pass all sections of the examination to qualify for licensure. The Building Design section of the examination is a practical test. Candidates are given a test booklet which contains a description of the environmental and programmatic requirements for a hypothetical building and site and then directs the candidates to "synthesize this information into a coherent, aesthetic concept for the building and site and to graphically convey [their] solution in the required drawings." The required drawings must be completed within twelve hours. Because of its length, this portion of the examination can be physically demanding. Moreover it is typically difficult to pass. Normally only 35-40% of the candidates receive a passing grade on this section of the examination. 1/ The candidates' solutions are graded by jurors who are selected in accordance with guidelines developed by NCARB. Jurors must have a minimum of five years experience as a licensed architect. Jurors gather at regional sites throughout the country where they grade the solutions over a two and a half to three day period. Each juror is furnished with a NCARB Jurors' Manual in advance of the grading session. The manual provides detailed information regarding the standards and criteria the jurors are expected to apply in evaluating the drawings submitted by the candidates. The jurors also receive training and instruction regarding the grading process at the grading site before they begin grading the candidates' solutions. The training and instruction are provided by master jurors, who have considerable experience in grading this portion of the examination. Each master juror oversees approximately eight to ten jurors. A master juror will not permit a juror under his or her supervision to commence grading until he or she is satisfied that the juror understands the grading process and will reasonably apply the requisite standards and criteria in evaluating the candidates' drawings. The master juror's supervisory responsibilities with respect to a juror do not end when the decision is made to allow the juror to begin grading. The master juror regularly monitors the grades given by the juror. If the juror's grades are on the average markedly higher or lower than the grades given by the other jurors, the juror will be counseled by the master juror. Jurors are reminded throughout the grading session that, in grading the candidates' work, they should take into consideration that the candidates merely need to demonstrate that they can perform "at minimum level capability" and that the candidates had only 12 hours to prepare their drawings. Test solutions are randomly distributed to the jurors for grading. The jurors are unaware of the identities of the candidates whose drawings they are evaluating. Generally, jurors spend approximately three to five minutes reviewing a candidate's drawings before deciding on the grade to give the candidate. This is a sufficient amount of time to evaluate the candidate's work. After coming to a decision on the matter, the grade is recorded on a score sheet and entered in a computer. The juror must assign one of the following five numeric grades to each set of drawings he or she reviews: 0 (when the candidate submits blank pieces of paper); 1 (very poor); 2 (unacceptable); 3 (acceptable); and 4 (very good). The latter two grades are passing grades. The remaining grades are failing grades. The grade given is intended to reflect the juror's assessment of the candidate's entire work product on this portion of the examination. In addition to assigning one of the foregoing numeric grades, the juror is required to check the appropriate box on the score sheet to indicate "up to three areas of weakness" if he or she has assigned a failing grade. Each candidate's drawings are graded by a least two different jurors,. They assign grades without knowing what grade the other juror has given. If the candidate receives a grade of 3 or 4 from both jurors, he or she passes. If the candidate receives a grade of 0 or 1 from both jurors, he or she fails. If the candidate receives any other combination of grades, a third juror will review and grade the candidate's drawings. If the third juror assigns a grade of 3 or 4 and one of the other juror's had also assigned a grade of 3 or 4, the candidate passes. If the third juror assigns a grade of 0, 1 or 2 and one of the other jurors had also assigned a grade of 0, 1 or 2, the candidate fails, unless his or her three grades are 1/2/3, 2/3/2, 2/4/2 or 2/2/3. Under such circumstances, the candidate's work product will be reviewed and graded by a master juror. If the master juror assigns a grade of 3 or 4, the candidate passes. If the master juror assigns a grade of 0, 1 or 2, the candidate fails. The Building Design section of the June, 1989, examination involved the design of a two-story religious life center on a college campus located in Kalamazoo, Michigan. The test booklet that Petitioner and the other candidates received upon their arrival at the testing location described in a clear and concise manner the environmental and programmatic requirements of the project, as well as the type of drawings that had to be produced, to wit: an upper level floor plan/site, lower level floor plan, east elevation and building section. In addition, the booklet gave notice that these drawings would be evaluated in accordance with the following grading criteria: Your solution will be graded based on the following categories. To pass this examination, a solution must be at least minimally acceptable in every major category. Program Requirements Development of All Programmed Spaces Conformance to Square Footage Requirements Compliance with Required Spatial Relationships Design Logic Circulation Spatial Relationships/Proportions/ Adjacencies Compatibility to Existing Context Code Compliance Fire Wall Separations Means of Egress Handicapped Accessibility Requirements Technical Aspects Material Selection and Wall, Floor and Roof Assemblies Structural Systems, their Appropriateness and Integration Mechanical Systems Completeness and clarity of Presentation, Adherence to Test Instructions, or Required Drawing(s) Missing NOTE: Solutions which have a required drawing missing, are unintelligible, or are drawn with the use of color, press- on letters, or transfer drawings, will automatically receive a grade of FAIL. Petitioner's drawings were reviewed and graded by three jurors and a master juror. He received grades of 2, 3 and 2 from the jurors and a grade of 2 from the master juror. The score sheets submitted by the master juror and the jurors who gave Petitioner a grade of 2 reflect the following: one found Petitioner's drawings to be weak in the areas of design logic-circulation and technical aspects-structural systems 2/; another deemed the drawings to be deficient in the areas of design logic- circulation and code compliance-means of egress; and the third was of the view that the drawings were unacceptable in the area of code compliance-means of egress. Petitioner's drawings, in fact, were deficient in all of these areas 3/ and he therefore deserved to receive a failing grade on the Building Design section of the June, 1989, licensure examination. 4/ CONCLUSION$ OF LAW Any person seeking a license to practice architecture in the State of Florida must apply to the Department of Professional Regulation to take a licensure examination if he or she is not qualified for licensure by endorsement. Section 481.209(1), Fla. Stat. The licensure examinations given by the Department must "adequately and reliably measure an applicant's ability to practice [architecture.]" Section 455.217(a)(a), Fla. Stat. The Department must "use professional testing services to prepare, administer, grade and evaluate the examinations, when such services are available and approved by the [B]oard of Architecture." Section 455.217(1)(a), Fla. Stat. The National Council of Architectural Registration Boards (NCARB) offers professional testing services that have been approved by the Board of Architecture by rule. Fla. Admin. Code Rule 21B-14.001. In accordance with the mandate of Section 455.217(1)(a), Florida Statutes, the Department utilizes these services in testing applicants seeking to become licensed architects. NCARB's "testing format . . . recognizes that some subjectivity is inherently part of the examination [grading process]. But the testing system seeks to minimize professional bias of individual graders by a training and testing format which [is designed to produce] fairly uniform results." Harac v. Department of Professional Regulation, Board of Architecture, 484 So.2d 1333, 1337 (Fla. 3d DCA 1986). An applicant who fails to attain a passing grade on the licensure examination is entitled to an administrative hearing on the matter conducted pursuant to Chapter 120, Florida Statutes. Sections 455.229 and 455.230, Fla. Stat.; Fla. Admin. Code Rule 21-11.012. The burden is on the applicant to establish by a preponderance of the evidence that his examination was erroneously graded. See Harac v. Department of Professional Regulation, Board of Architecture, 484 So.2d 1333, 1338 (Fla. 3d DCA 1986)("Ordinarily one who fails a licensure examination would shoulder a heavy burden in proving that a subjective evaluation by an expert is arbitrary"); Florida Department of Health and Rehabilitative Services v. Career Service Commission 289 So.2d 412, 414 (Fla. 4th DCA 1974)("the burden of proof is on the party asserting the affirmative on an issue before an administrative tribunal"'). The proof Petitioner submitted at hearing was insufficient to satisfy this burden of proof. Indeed, the preponderance of the record evidence establishes that the failing grade Petitioner received on the Building Design section of the June, 1989, licensure examination was warranted. In addition to alleging that he should have been given a passing grade on this portion of the examination, Petitioner also advanced the following claims in his petition for an administrative hearing filed in the instant case: 1) the exam was graded improperly insufficient time was allotted for the proper grading of the exam by jurors. a subjective process is used to grade the exam. see additional specific items below. * * * the grading process is unfair confidentiality of previous jurors grades are not kept from subsequent jurors. confidentiality of test taker's probable nationality, etc. is not maintained. the ETS was contracted by the State of Florida without proper bidding procedures. 5/ non-subjective grading is a prerequisite for fair grading and was not provided. The Dept. of Professional Regulation has allowed a campaign by private interests to influence the grading and licensure of architect candidates. The American Institute of Architects has acted on a campaign to increase architect's compensation by limiting the number of professionals licensed by the Department of Professional Regulation. This influenced the grading of the exam and licensure of architects in Florida. No non-A1A member architects are state board members and A1A membership is a de facto requirement. The attempts to limit the number of architects to be licensed comes at a time when large numbers of women and minority applicants are applying for licensure. d. Mr. Garcia is a minority applicant and was substantially affected. Petitioner's claim that "a subjective process is used to grade the exam" finds support in the record. That subjectivity plays some role in the grading process, however, is not, standing alone, a basis upon which to overturn the results of a licensure examination. To prevail, an unsuccessful applicant must also show that those who subjectively evaluated his or her examination acted arbitrarily or without reason or logic in giving him or her a failing grade. See Harac v. Department of Professional Regulation, Board Qf Architecture, 484 So.2d 1333, 1337 (Fla. 3d DCA 1986); State v. Board of Electrical Examiners for Jacksonville Beach, 101 So.2d 583, 586 (Fla. 1st DCA 1958). No such showing was made in the instant case. The remaining allegations made in paragraphs 1, 3 and 4 of Petitioner's petition are not supported by any persuasive competent substantial evidence. Accordingly, these allegations are also without merit.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Board of Architecture reject Petitioner's challenge to the failing grade he received on the Building Design section of the June, 1989, architecture licensure examination. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 17th day of April, 1990. STUART M. LERNER 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 17th day of April, 1990.
Findings Of Fact On March 9, 1973 Peterson, an architect registered in Florida, submitted a proposal "for preparation of design and construction drawings" for remodeling an existing residence to a new law office (Exhibit P-5). This was assigned on March 13, 1978 by attorney Anderson, who also remitted the required $200 retainer fee. Pertinent to this case, the contract provided for services to be rendered as: "Contract documents for permits and construction to include architectural plans (site floor plan, elevations and sections) and engineered structural and electrical drawings; "fee was $1,000 payable $200 on signing and $800 upon completed contract documents for permits." Any other services were at $20 per hour, including design changes after approval of preliminary drawings. The plans Peterson prepared showed the removal of a load bearing wall, without comment or provision for structural additions required by the demolition of the wall. Although the plans were not sealed, Anderson paid the $800 balance and bids were requested. The one bid (Exhibit R-4) was considerably more than budgeted, therefore the project was delayed. After a time, Anderson got interested in the project again but Peterson was unavailable so another architect was used and the project was completed. Thereafter, Anderson's requested reimbursement from Peterson was refused and this complaint was filed. Two registered Florida architects testified as experts for the Petitioner. Peterson's plans did not meet minimum architectural standards, particularly as to omission of substitute structural members for the removal of the load bearing wall. Although, structural changes could have been added by addendum, plans must be complete prior to obtaining permits and bids, and the acceptance of the full amount of the fee. In mitigation, Respondent agreed that he misinterpreted Anderson's understanding and desires but thought the standard procedure was followed; he indicated that this is the first time he has been in this type of situation. More particularly, Peterson intended to exercise his right to prepare an addendum that would have provided an appropriate structural substitution for the load bearing wall, after the ceiling was opened up; he considered the original plans for the wall as schematic only. He assumed the project was not going forward and the bidding process was merely to get prices.
Findings Of Fact Richard Berry, an applicant for licensure as a landscape architect, was administered the Landscape Architecture License Examination in June, 1987. This exam is a standardized national test which is prepared by the Council Of Landscape Architectural Registration Boards and administered through the Florida Department of Professional Regulation. Part of the examination requires the implementation of design knowledge through practical application. Mr. Berry's score on the design implementation portion of the exam was not sufficient to constitute a passing score. A weighted score of 75 on each portion is required to pass the examination. Mr. Berry passed all other portions of the examination. Upon initially receiving the failing score, Mr. Berry requested an informal review of the grading, which resulted in an upward adjustment of his score. However the score was still insufficient to raise the score to a passing level. The remaining disagreement centered on five items in the practical examination. The items were related to architectural drawings submitted by the Petitioner as required by question four of the design implementation portion of the exam. The items were as follows: 4b(2) drawing of wood deck attachment detail to wall 4b(4) drawing of concrete sidewalk grade wall detail 4b(5) drawing of metal fence detail 4b(6) qualities/quantities of materials listed 4c(2,3) drawing of deck detail At the hearing, Mr. Berry discussed the relevant exam questions and clearly articulated why he believed his responses were entitled to credit in addition to what had originally been given by the examination graders. The Department's expert witness, Mr. Buchannan, indicated that he had rescored Mr. Berry's exam responses in accordance with the "Examination Evaluation Guide" issued by the Council of Landscape Architectural Examination Boards. Mr. Buchannan testified that one point of additional credit should have been given for Mr. Berry's response on the item 4b(2) and one point of additional credit should be given for the response on item 4b(6) of the design implementation portion of the exam. No additional points were to be credited to the responses on the three remaining items. Juan Trujillo, examination development specialist for the Department of Professional Regulation testified as to the effect of the additional points. According to his testimony, the additional credit would provide Mr. Berry with, a raw score of 71.5, which equates to a weighted score of 74.5. The weighted score is rounded up by the Department to a grade of 75.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That a Final Order be entered by the Department of Professional Regulation, Board of Landscape Architecture, granting to Petitioner, if otherwise qualified, licensure as a landscape architect. DONE and ORDERED this 21st day of November, 1988, in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of November, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-1376 The proposed findings of fact submitted by the Respondent are accepted as modified in the Recommended Older. COPIES FURNISHED: Richard Berry, pro se 6588 Southeast 78th Avenue Keystone Heights, Florida 32656 William Leffler, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Pat Ard, Executive Director Department of Professional Regulation Board of Landscape Architects 130 North Monroe Street Tallahassee, Florida 32399-0750 Lawrence A. Gonzalez, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Bruce D. Lamb, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
Findings Of Fact Petitioner Robert Powers Wheeler is an applicant for licensure by examination to practice architecture in the State of Florida. The architecture examination in the State of Florida consists of two parts, one of which is a written examination given in December of each year, and the other of which is a Site Planning and Design Test given in June of each year. Petitioner meets all requirements for admittance to the licensure examination. Petitioner took the Site Planning and Design Test portion of the National Architectural Examination in June, 1981. This portion of the examination consists of a 12-hour sketch problem involving design and site considerations. The examination is administered by the Department of Professional Regulation and is supplied to the State of Florida as well as to all of the jurisdictions of the United States by the National Council of Architectural Registration Boards (NCARB). The examination itself involves the design of a structure by an applicant including requirements for placing the structure on the site, elevations, building cross-sections, facades, and floor plans. Information supplied to the applicant includes a preexamination booklet setting forth the architectural program to be accomplished and the various requirements to which the applicant is expected to apply himself in order to receive a passing grade. At the time of the examination itself, other information is supplied to the applicant to enable him to more adequately design the structure requested and perform the necessary technical architectural requirements. In general, the purpose of the examination is to require the applicant to put together a design and site plan solution in response to a program submitted to him by NCARB. This portion of the examination allows the national testing service grading the examination and, through them, the Florida Board of Architecture to determine if an applicant is able to coordinate the various structural, design, technical, aesthetic, energy and legal requirements which are tested in written form in the other portion of the examination given in December of each year. The grading of the Site Planning and Design Test is accomplished by the review of the applicant's product by at least three architects selected by the various architectural registration boards of some 20 states, who are then given training by NCARB to standardize their conceptions of the minimal competence required for a passing grade. Each architect-grader is then asked to review various solutions submitted by applicants on a blind grading basis, that is, the grader has no knowledge of the name or state of origin of the applicant whose solution he is grading. Further, the grader does not know the grade assigned to any applicant's solution by any other grader. Graders are instructed to make notations for areas of strength and of weakness on the grading criteria and are required to determine, based upon an overall conception of the applicant's solution, whether a passing grade of "3" or "4" should be assigned to each applicant's solution. In order for an applicant to pass, he must receive at least two passing grades from the three architects who independently grade the applicant's solution. Petitioner received a grade of "2," which is a failing grade, from each of the three graders who graded his examination. Although the Executive Director of the Florida Board of Architecture, who is also an architect, testified that Petitioner made a valiant effort to pass the examination, he identified several material areas wherein Petitioner failed to achieve minimal competency in his presentation or wherein Petitioner failed to observe program requirements. Petitioner failed to meet the owner's goals in that he approached the minimum square footage requirement while failing to provide amenities, which was a prime directive in the examination program. Petitioner had difficulty with regard to the pedestrian traffic flow on his third-floor plan. Petitioner had difficulty with his parking solution as well as with fulfilling the requirement of keeping the building architecturally compatible with surrounding structures. The Board's Executive Director, who has many years' experience in grading Site Planning and Design Tests, would have also given to Petitioner an overall grade of "2." The graders of Petitioner's examination were not uniform in identifying areas of concern regarding Petitioner's weaknesses in his solution. However, the procedure to be utilized by graders is set forth in the Grader's Manual and specifies that under the holistic grading system each grader is to determine his overall impression of a candidate's submission in order to assign a passing or a failing grade. After making his determination based upon the overall project, the grader then returns to his areas of special concern. Although the different graders may have identified different areas of concern, all graders found Petitioner's submission to be below minimal competency requirements. Although Petitioner disagrees with his grade, he presented no evidence to show that his examination was graded in an arbitrary or capricious way or in a manner different than that utilized in grading the examination of every candidate taking the same examination throughout the United States.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore, RECOMMENDED that a final order be entered finding that Petitioner has failed to achieve a passing score on the June, 1981, architecture examination and upholding the grade awarded to Petitioner on that examination. DONE and RECOMMENDED this 11th day of January, 1983, in Tallahassee, Leon County, Florida. LINDA M. RIGOT, 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 11th day of January, 1983. COPIES FURNISHED: Mr. Robert Powers Wheeler 5501 South West 147th Terrace Miami, Florida 33158 John J. Rimes, III, Esquire Department of Legal Affairs The Capitol - 1601 Tallahassee, Florida 32301 Frederick Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Herbert Coons, Jr., Executive Director Board of Architecture 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Petitioner is an applicant for licensure by examination to practice architecture in Florida. The exam consists of two parts: the written part is given in December of each year and the site and design problem is given in June of each year. Todaro graduated from Ball State University, Muncie, Indiana in 1977 and had met the requirements for admittance to the licensure examination. Todaro took the design and site planning portion of the national architectural exam in June, 1980. This consists of a 12 hour sketch problem involving the design of a structure by the applicant, including requirements for placing the structure on the site, elevations, building cross-sections, facades, and floor plans. The exam is prepared by the National Council of Architectural Registration Boards (NCARB) and is used by all states. Pre-test information supplied to each applicant includes a booklet providing the architectural program to be accomplished and the various requirements to which applicants are expected to apply themselves in order to receive a passing grade. At the examination, other information is supplied to enable the applicant to more adequately design the structure requested and perform the necessary technical architectural requirements. The purpose of the examination is to require the applicant to put together a design and site plan solution in response to a program submitted by NCARB and allows the national testing service grading the examination (and through them the Florida Board of Architecture) to determine whether the applicant is able to coordinate the various structural, design, technical, aesthetic, energy and legal requirements which were tested in written form in the other portion of the examination given in December. The grading of the site and design problem is accomplished by the review of the applicant's product by at least three architects selected by the various architectual registration boards of some 20 states who are then given training by NCARB to standardize their conceptions of the minimal competence required for a passing grade. Each architect-grader is then asked to review various solutions submitted by applicants on a blind grading basis. That is, the grader has no knowledge of the name or state of origin of the solution which lie is grading. The grader is instructed in how to consider the appropriate criteria. Graders are also instructed to make notations for areas of strength and of weakness on the grading criteria and then determine, based upon an overall conception of the applicant's submission, whether or not a passing grade is warranted. A passing grade is a three, and an applicant must receive at least two passing grades from the three architects who independently grade the applicant's submission. In the instant cause, Todaro received two 2's and one 3. He was therefore notified of his failure to pass the examination and of his right to this hearing. While Petitioner established that an effort had been made on his part to comply with the instructions, it is clear that in several material areas he failed to achieve sufficient clarity of presentation, particularly as to adequate consideration to grading and site planning, adequate consideration to marking elevations on his floor plans and adequate notation regarding the type of materials to be used in his elevations, floor plans, and wall sections. In general Todaro failed to place within his solution adequate information to allow the graders to determine that his program could be used; he failed to synthesize the information which he had learned in his educational process, in such a manner as to prepare adequate plans to respond to the requirements of good architectural practice in the formulation of design and site plans.
Recommendation From the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the petition of Stephen Todaro to change his grade on the June, 1980, site and design architectural examination be denied. DONE and ENTERED this 8th day of January, 1981, in Tallahassee, Florida. H. E. SMITHERS Hearing Officer Division of Administrative Hearings 101 Collins Building Tallahassee, Florida (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of January, 1981. COPIES FURNISHED: Stephen A. Todaro 1507 N. E. 5th Avenue Ft. Lauderdale, Florida 33304 John J. Rimes, Esquire Assistant Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32301
Findings Of Fact At all times pertinent to this proceeding, respondent held a license to practice land surveying in the State of Florida. In March 1984, Joseph L. Abrams a land developer, hired the respondent to perform certain professional services in connection with a proposed development known as Doug's Unit Number One. Mr. Abrams hired the respondent because he had previously performed land surveying services for Mr. Abrams and had done a good job. Doug's Unit Number One involved six acres of land which had been preliminarily subdivided by an engineer into 14 separate lots. The preliminary drawing by the engineer, showing set backs, easements, and other matters, had been approved by the City of Winter Springs, but Mr. Abrams needed a sealed drawing to record. He therefore hired the respondent as a professional surveyor, to describe the lots in surveying terms and prepare a sealed set of drawings. On March 27, 1984, the respondent prepared a bill for the services and itemized the total cost of $756 as follows: drafting of S/D on linen, $250; cost of linen $6; engineering, calculations telephone calls specifications, Winter Springs conference, etc., $500. Mr. Abrams paid the bill the same day. Mr. Abrams was informed that respondent had paid Burl (Mike) Drennen to do the drafting, and, as soon as the drafting was done, either respondent or Mr. Drennen would deliver the drawings, properly sealed, to Mr. Abrams. The drawings were to be delivered in two to three weeks. Respondent also informed Mr. Abrams that respondent was leaving for New Jersey and would be gone for a few weeks. Respondent gave Mr. Abrams his phone number in New Jersey and Mr. Drennen's phone number. After two weeks elapsed and the drawings had not been delivered, Mr. Abrams began calling the respondent and Mr. Drennen. Sometime in April or May, Mr. Abrams was able to contact respondent in New Jersey and the respondent explained that he would be unable to return to Florida for another two to three weeks due to his wife's serious illness. Mr. Abrams also contacted Mr. Drennen, who informed him that he would not deliver the drawings because he had not been fully paid for his drafting services and because he would have to receive authorization from the respondent before the drawings were released since the respondent had hired him. Mr. Drennen told Mr. Abrams that he would try to contact respondent to get the authorization to release the drawings, but Mr. Drennen was unable to contact the respondent. However after several more conversations with Mr. Abrams, Mr. Drennen agreed to deliver the drawings if Mr. Abrams paid him the remaining money he was owed. 1/ On June 6, 1984, Mr. Drennen delivered the drawings and was paid $180 by Mr. Abrams. However, when Mr. Abrams looked over the sheet, he realized that the sheet had not been sealed. He tried to contact the respondent, and when he was unable to do so, he decided to go to another surveyor. The new surveyor could not simply take the drawing and seal it; he had to do the entire project over again. Mr. Mims, the new surveyor, charged $1,250 which was paid in October or November of 1984 and the sealed drawings were delivered and recorded on December 20, 1984. By letter dated June 7, 1984, Mr. Abrams filed a complaint with the Department of Professional Regulation, and on August 15, 1984, Mr. Alvin Lewis Smith, an investigator with the Department, contacted respondent by telephone in New Jersey to inquire about the matter. The respondent admitted that he had not completed the project, but he stated that he had his seal in New Jersey and, if Mr. Abrams had sent the drawings to him, he could have signed and sealed the drawings and sent them back to Mr. Abrams. However, when asked if he had done any field work for the project, respondent said that he had not and that he couldn't seal the drawings because he hadn't done the field work. Nevertheless, on August 16, 1984, respondent wrote to Mr. Abrams stating that he had taken his seal to New Jersey and that he could sign and seal the linen and have it back to Mr. Abrams in two days if Mr. Abrams would send the drawings to him by Federal Express. At the hearing the respondent testified that the $756 payment was for drawing up the plat and performing calculations and engineering work on the project, but it was not for doing the field work. However respondent acknowledged that the field work had to be done before the plat could be sealed and recorded. All the other evidence and testimony presented at the hearing indicates that the respondent agreed to deliver drawings to Mr. Abrams that were properly prepared and sealed for recording. It is therefore apparent that the $756 paid by Mr. Abrams to respondent was to cover all the work necessary, including the field work, for the plat to be recorded. Without being sealed, the drawings were useless. During the time of this incident the respondent had personal problems which required him to stay in New Jersey. His wife was quite ill and his wife's parents' estate had to be settled. Respondent has been a registered surveyor for over 30 years and, until the instant action, had never had a complaint filed against him.
Recommendation Based on the foregoing findings of fact and conclusions of law, and upon due consideration of respondent's personal circumstances at the time of this incident and respondent's previously unblemished record, it is RECOMMENDED that a final order be entered finding respondent guilty of those acts set forth in Sections 472.033(1)(g) and 472.033(1)(h), Florida Statutes, reprimanding the respondent, and placing him on probation for a period of one year with such terms and conditions as may be deemed necessary by the Board of Professional Land Surveyors. DONE and ENTERED this 23rd day of August, 1985, in Tallahassee Leon County Florida. DIANE A. GRUBBS 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 23rd day of August, 1985.
Findings Of Fact Petitioner is an unsuccessful candidate for the landscape architects examination given in June, 1990, (the "examination"). Petitioner achieved a passing grade on Sections 2 and 5 of the examination but failed Sections 3 and 4. Petitioner received a score of 72.8 percent on Section 3 of the examination. The minimum passing score is 75 percent. At Petitioner's request, Respondent regraded Petitioner's answers to Section 3 of the examination. Petitioner's score upon regrade was 73 percent. Petitioner needs 2 percentage points to pass Section 3 of the examination. Petitioner received a score of 54.3 percent on Section 4 of the examination. The minimum passing score for Section 4 of the examination is 75 percent. At Petitioner's request, Respondent regraded Petitioner's answers to Section 4 of the examination. Petitioner's score upon regrade was 60 percent. Petitioner needed 25 percentage points to pass Section 4 of the examination, but waived his challenge to Section 4 during the formal hearing. Petitioner was given proper credit for his answers to Section 3 of the examination. Petitioner should have received and received a score of 73 percent when Respondent regraded Petitioner's answers to Section 3 of the examination.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order denying Petitioner's challenge to the score he received for Section 3 of the landscape architect examination given in June, 1990. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 24th day of September 1991. DANIEL MANRY 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 24th day of September 1991. APPENDIX TO RECOMMENDED ORDER Respondent has submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. No notation is made for unnumbered paragraphs. Petitioner did not submit proposed findings of fact. The Respondent's Proposed Findings of Fact Proposed Finding Paragraph Number in Recommended Order of Fact Number of Acceptance or Reason for Rejection Accepted in Finding 2 Accepted in Finding 3 Accepted in Findings 3-4 COPIES FURNISHED: Angel Gonzalez Executive Director Board of Landscape Architecture Board 1940 N. Monroe Street Tallahassee, Florida 32399-0750 Jack McRay General Counsel 1940 North Monroe Tallahassee, Florida 32399-0792 Vytas J. Urba Assistant General Counsel Department of Professional Regulation 1940 North Monroe Tallahassee, Florida 32399-0792 Case No. 91-2120 (continued) Mr. Dale R. Smith 28225 Southwest 172d Avenue Homestead, Florida 33030
Findings Of Fact At all pertinent times respondent Amons D. Courtney, Jr., has been registered as a professional land surveyor holding license No. LS 002819 issued by petitioner. By order entered October 3, 1985, in case No. 0052302, the Board of Professional Land Surveyors placed respondent on probation for the second time. As a condition of probation, he was required to submit 25 surveys representative of his land surveying practice which shall be accompanied by field notes and record plats to the Board for its review. . . . Five surveys shall be submitted within three months from the filing of the final order; thereafter, five surveys shall be submitted at six month intervals during the period of probation. Petitioner's Exhibit No. 11. As far as the evidence disclosed, Mr. Amons submitted the requisite number of surveys for review, within the times specified by the Board's order, but pertinent record plats did not always accompany these submissions. Among the surveys submitted to the Board in accordance with the probation condition was a survey done for James Harvey by Mr. Courtney, doing business as "Courtney-Tisdale Ent., Inc." Petitioner's Exhibit No. 1. "Courtney & Tisdale Ent., Inc." has never been licensed in Florida, nor did petitioner ever issue a certificate of authorization to any such entity. Petitioner's Exhibit No. 8. Among the surveys Mr. Courtney furnished to the Board in accordance with his probation condition, was one he did for Cynthia Cotton. On this survey, respondent failed to report or resolve a discrepancy between a distance he had measured, as reported in field notes, and the calculated distance he set out without qualification, on the survey. He also reported the length of one side of the lot as precisely 125 feet, despite the absence of any field notes to support this conclusion. Petitioner's Exhibit No. 3. Mr. Courtney performed a survey of a rectangular lot for Kim Shepherd, and subsequently furnished a copy of it to the Board. The accuracy of this survey is open to serious question. Petitioner's survey reported lengths for the lot's sides that correspond precisely to what appears on the record plat. This is also the case with the angles the sides form when they meet, even though "it's almost impossible to repeat [such measurements] to the nearest second of ar[c]." T.123. The field notes reflect no measurements that would support these findings. Mr. Amons reset a back monument nevertheless. Petitioner's Exhibit No. 4. On the Larry Holly survey, also chosen by respondent for Board review, Mr. Courtney failed to disclose a discrepancy between the measured distance, as reported in field notes, and a distance set out on a record plat. Petitioner's Exhibit No. 5. On the Robert and Connie Baxley survey, Mr. Courtney indicated a discrepancy between the south boundary line and a fence along the line but did not show whether the fence encroached on the Baxley property or on the neighbor's. Petitioner's Exhibit No. 6. The field notes reflect "a startling lack of precise measurements." On the Randy Enslow survey, too, the field "notes are insufficient to support the precision of the measurements that are shown . . ." T.13l. The survey is not tied to the closest street corner or to any other outside reference point for control. In short, even though the Board's final order in case No. 0052302 left it to respondent to select "representative" surveys for review, the surveys he submitted, twenty in all, were riddled with errors, including errors and omissions that constituted negligence in the practice of surveying. The uncontroverted evidence established that "Mr. Courtney is either unable or unwilling to comply with the Minimum Standards based on the surveys that were submitted by him under probation." T.134. As to penalty only, petitioner proved that respondent was a subject of disciplinary action in case No. 33882, before either the present proceedings or the proceedings that eventuated in the probation order were instituted.
Recommendation Under Rule 22 HH-9.002, Florida Administrative Code, permissible penalties for these offenses range from reprimand to revocation "depending upon severity of offense and injury to the client or public". No injury was proven here, but expert testimony established the seriousness of the negligence. Also pertinent under Rule 22 HH-9.003, Florida Administrative Code, are previous offenses, respondent's disciplinary history, and "status of the . . . licensee at the time the offense was committed", Rule 22 HH-9.003(1)(f), Florida Administrative Code, all of which weigh against respondent, and financial hardship for the licensee, as to which there is no evidence. It is, accordingly, RECOMMENDED: That petitioner revoke respondent's license to practice land surveying. DONE and ENTERED this 20th day of November, 1989, at Tallahassee, Florida. ROBERT T. BENTON, II 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 20th day of November, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NOs. 88-2743, 89-3399 Petitioner's proposed findings of fact Nos. 1 through 6 and 18 have been adopted, in substance, insofar as material. Petitioner's proposed findings of fact Nos. 7 through 13 are properly proposed conclusions of law. Petitioner's proposed findings of fact Nos. 14 through 17 relate to subordinate matters. COPIES FURNISHED: Elizabeth R. Alsobrook, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32390-0729 R. Glenn Arnold Warfield, Santurri & Arnold 25 West Cedar Street Post Office Box 13410 Pensacola, Florida 32591 Amons D. Courtney, Jr. Route 4, Box 892 Milton, Florida 32570
