The Issue The issue in this case is whether Florida Administrative Code Rule 61G15-21.004(2) is an invalid exercise of delegated legislative authority.
Findings Of Fact The Parties Petitioner is an applicant for licensure as a professional engineer ("P.E.")2 in Florida, and currently works in the discipline of environmental engineering in Florida. His practice focuses primarily on water-related areas within that discipline. Petitioner is not currently licensed as a P.E. Respondent is a board within the Department of Business and Professional Regulation ("Department"). It is the state agency created pursuant to section 471.007, Florida Statutes, and charged with licensing professional engineers in Florida. Respondent is vested with the authority to adopt rules to implement chapter 471, regarding the regulation of the practice of engineering in Florida, as defined in section 471.005(7). Respondent adopted the Challenged Rule at issue in this proceeding. Statutory and Rule Background The engineering profession in Florida is regulated pursuant to chapter 471. A person may become licensed as a P.E. in Florida by applying for licensure, fulfilling specified educational and experience requirements, and 2 For purposes of this Final Order, the terms "professional engineer" or "P.E." will be used to refer to persons who are licensed engineers under chapter 471, Florida Statutes. either being endorsed for licensure as provided in sections 471.015(3) and (5), or passing the required licensure examinations. § 471.015, Fla. Stat. Pursuant to section 471.015, Respondent has adopted Florida Administrative Code Chapter 61G15-20, which codifies, in rule, the requirements for licensure as a P.E. in Florida. An applicant for licensure must be a graduate of a Board-approved engineering program; have the requisite number of years of engineering experience; and have passed the specified licensure exams. Fla. Admin. Code R. 61G15-20.0010. Section 455.217(1)(d) authorizes Respondent to adopt, by rule, the use of a national professional licensing examination that the Department has certified as meeting requirements of national examinations and generally accepted testing standards. To implement section 455.217(1), Respondent has adopted rule 61G15- 21.001, titled "Examination Designated; General Requirements." This rule requires that, unless an applicant qualifies for licensure by endorsement, he or she must pass the National Council of Examiners for Engineering and Surveyors ("NCEES") licensure exam. Part I of the NCEES exam is the Fundamentals of Engineering ("FE") exam, and part II of the NCEES exam is the Principles and Practice Exam ("PP") exam. Respondent has entered into a contract with NCEES to provide the FE and PP exams in Florida. A person must pass both the FE and PP exams to be licensed as a P.E. in Florida. § 471.015(1), Fla. Stat. The Challenged Rule states: "[t]he passing grade for Principles and Practice Exam is determined by the National Council of Examiners for Engineering and Surveying, where psychometric statistical methods are used to determine the level of performance that corresponds with minimal competence in the discipline." Fla. Admin. Code R. 61G15-21.004(2). The Challenged Rule is a subsection of rule 61G15-21.004, which is titled "Passing Grade." The Challenged Rule specifically and exclusively addresses the method for determining the passing grade on the PP exam. Sections 455.217(1)(d) and 471.013 are cited as the rulemaking authority for the Challenged Rule, and sections 455.217(1)(d) and 471.015(1) are cited as the law implemented by the Challenged Rule. The term "engineering," as used in section 471.005(7), includes the term "professional engineering," and defines the types of services and creative work that constitutes "engineering." An "engineer," as defined in section 471.005(5), includes the terms "professional engineer" and "licensed engineer," and means a person who is licensed to engage in the practice of engineering under chapter 471. By contrast, an "engineer intern," as defined in section 471.005(6), means a person who has graduated from a Board-approved engineering curriculum and has passed the FE exam. By definition, these are distinct terms. The term "engineer" is used to describe a person licensed as a P.E. under chapter 471, while the term "engineer intern" is used to described a person who may engage in the kinds of activities described within the term "engineering," as defined in section 471.005(7), but who is not licensed as a P.E. in Florida, and, therefore, is not authorized to hold himself or herself out as a licensed engineer in Florida. The Rule Challenge Petition The Rule Challenge Petition alleges four grounds under section 120.52(8) for invalidating the Challenged Rule. Alleged Invalidity of Challenged Rule under Section 120.52(8)(c) In paragraph 15 of the Rule Challenge Petition, Petitioner asserts that section 455.217(1)(c)—which, at the time the Rule Challenge Petition was filed, was cited as the specific authority for, and law implemented by, the Challenged Rule—did not authorize the Challenged Rule, so that the Challenged Rule enlarged, modified, or contravened the specific provisions of law implemented, pursuant to section 120.52(8)(c). As a result of Petitioner having filed the Rule Challenge Petition, Respondent discovered that it had not updated its citation of the specific authority for, and law implemented by, the Challenged Rule, when section 455.217(1) was amended and renumbered in 1997, so that section 455.217(1)(c) no longer was the correct citation to the law implemented by the Challenged Rule. Respondent requested the Department of State, Administrative Code and Register Section ("DOS"), to make a technical, non-substantive change to the Challenged Rule. As authorized by Florida Administrative Code Rule 1-1.010(10), DOS updated the statutory citation to section 471.217(1)(d), which is the correct citation to the law implemented by the Challenged Rule. This technical change nullifies the alleged invalidity ground set forth in paragraph 15 of the Rule Challenge Petition, and Petitioner concedes this. In paragraph 16 of the Rule Challenge Petition, Petitioner also alleges that the Challenged Rule enlarges, modifies, or contravenes section 455.217(1)(a), because the PP examination does not adequately and reliably measure an applicant's ability to practice the profession regulated by the Department. However, as discussed below, section 455.217(1)(a) is not cited as a specific provision of law implemented by the Challenged Rule, so cannot form the basis of a challenge to the Rule under section 120.52(8)(c). Alleged Invalidity of Challenged Rule under Section 120.52(8)(d) In paragraph 17 of the Rule Challenge Petition, Petitioner alleges that the Challenged Rule is invalid under section 120.52(8)(d) because it is vague, fails to establish adequate standards for agency decisions, or vests unbridled discretion in the agency. In support of this alleged invalidity ground, Petitioner asserts that the Challenged Rule is vague because "the level of performance on the PP exam is stated to correspond with minimal competency, yet there are no rules which provide definitive guidance to NCEES on what constitutes the general areas of competency in regards to engineering practice."3 Petitioner also alleges, in paragraph 19 of the Rule Challenge Petition, that the Challenged Rule is invalid under section 120.52(8)(d) because it equates passage of the PP exam with a 30-year practice experience requirement for licensure by endorsement set forth in section 471.015(5)(b). To this point, Petitioner states: "I can't think of anything more arbitrary than the principles and practice exam equating to near[-]retirement level experience."4 Alleged Invalidity of Challenged Rule under Section 120.52(8)(e) In paragraph 18 of the Rule Challenge Petition, Petitioner alleges that the Challenged Rule is invalid pursuant to section 120.52(8)(e) because it is arbitrary, for several reasons. Paraphrased, these reasons are: passage of the PP exam does not accurately reflect, or equate to, minimal competence in the discipline; the PP Exam does not accurately evaluate an individual's engineering ability level, but instead evaluates an individual's exam performance compared to average group exam performance; the PP exam does not reliably distinguish between minimal competence and incompetence to practice engineering, as evidenced by the fact that engineers who fail the PP exam still competently perform, and, thus, keep, their engineering jobs; passing the PP exam, by itself, does not certify an individual to competently perform any engineering service or creative work as defined in 3 Section 455.217(1)(b) requires, for each exam developed by the Department or a contracted vendor, that the general areas of competency covered by the exam be specified by rule. The last sentence of that subsection states that the requirements of subsection (b) do not apply to national exams, such as the NCEES PP exam, which are approved and administered pursuant to section 455.217(1)(d). Thus, the law implemented by the Challenged Rule does not require areas of competency to be specified in the Challenged Rule. 4 Because paragraph 19 of the Rule Challenge Petition alleges that the rule is arbitrary, the undersigned considers this paragraph to constitute a challenge to the Challenged Rule under section 120.52(8)(e), rather than under section 120.52(8)(d), as cited in the Rule Challenge Petition, and has addressed this ground in the Conclusions of Law section dealing with that alleged invalidity ground. section 471.005(7); the PP exam does not reliably determine if an examinee is minimally competent, due to an incorrect reference point; and the PP exam does not reliably distinguish between individuals whose practice of engineering would protect the public health and safety and those whose practice of engineering would constitute a danger to public health and safety. Alleged Invalidity of Challenged Rule under Section 120.52(8)(f) In paragraph 20 of the Rule Challenge Petition, Petitioner alleges that the Challenged Rule is invalid pursuant to section 120.52(8)(f) because it imposes regulatory costs on the regulated person, county, or city, which could be reduced by the adoption of less costly alternatives that substantially accomplish the statutory objectives. To this point, Petitioner proposes a state- conducted investigation of an applicant as a substitute for the PP exam, and contends that "there's a premium associated with a national exam. It's also clear that the regulatory cost imposed on me and all future examinees could be substantially reduced if the Board conducted their exam as an investigation and did not incorporate the NCEES exam." However, as more fully discussed below, this challenge ground is time- barred by section 120.541(1)(g), and, therefore, is not a legally-cognizable basis for invalidating the Challenged Rule in this proceeding. The Parties' Stipulated Facts Petitioner is an Engineer Extern, Texas EIT 56990. Pursuant to section 471.015(1), the Florida Engineers Management Corporation "shall issue a license to any applicant who the Board certifies is qualified to practice engineering and who has passed the [FE] exam and the [PP] exam." Both the FE exam and the PP exam are created by NCEES, pursuant to section 455.217(1)(d), which states, in pertinent part: "a board . . . may approve by rule the use of any national examination which the [Department of Business and Professional Regulation] has certified as meeting the requirements of national examinations and generally accepted testing standards pursuant to department rules." Pursuant to section 471.015(1), Petitioner passed the FE exam on September 3, 2016. Passing the FE is a prerequisite to take the PP exam. Petitioner registered to take the NCEES computer-based PP exam for environmental engineering on April 22, 2020. He paid the $350 exam fee and additional monies for test preparation material, and spent at least 100 hours preparing for the exam. He was notified, on April 6, 2020, by Pearson Vue, the test center company, that the exam was cancelled due to the Covid-19 pandemic. On April 7, 2020, Petitioner registered to take the exam on July 15, 2020, which was the earliest available date for taking the exam in his local area. On April 9, 2020, Petitioner canceled his registration for the July 15, 2020, exam and decided to apply for licensure as a P.E. without passing the PP exam. Pursuant to section 471.015(2)(a)1., on May 18, 2020, Petitioner filed his application for licensure with the Board. The application provides information stating that Petitioner meets the requirements of section 471.013(1)(a)1., and has at least four years of active engineering experience of a character indicating competence to be in responsible charge. In compliance with the education requirements of section 471.013(1)(a)1., Petitioner earned a Bachelor of Science degree in Chemical Engineering from the University of Florida, which is accredited by ABET. Petitioner provided an official transcript to the Board for verification purposes. In compliance with rule 61G15-20.002, Petitioner states in his application that he has at least four years of acceptable engineering practice, consisting of one year of experience equivalent through his Master of Engineering degree from the University of Texas at Austin, an ABET- accredited institution; and over three years of professional engineering work verified by licensed engineers. According to rule 61G15-20.002, an applicant must list three current personal references who are professional engineers. Thirteen licensed engineers submitted documentation to the Board regarding Petitioner's type of qualifying experience, level of engineering competency, and professional integrity. All references circled "yes" to the question "would you employ the applicant in a position of trust?" Two additional references in the engineering industry also provided their opinion on Petitioner's integrity and competence. On June 1, 2020, Petitioner received notification from the Board that his Florida 0901 1031-P.E. Endorsement application was incomplete. Petitioner addressed all items listed in a timely fashion to participate in the June 10, 2020, Board meeting. The Board stated during an informal hearing on June 10, 2020, that Petitioner would not be granted P.E. licensure due to not having passed the PP Exam. Petitioner is substantially affected by the Challenged Rule because it disqualifies him from becoming a licensed engineer in Florida without passing the PP exam. Findings of Fact Based on Evidence Presented at the Final Hearing A. Findings Regarding the Evidence Presented in Petitioner's Case Testimony of Witnesses Hoot and Grace David Hoot and Nigel Grace, both of whom are licensed professional engineers, testified regarding Petitioner's abilities and skills as a practicing engineer. Neither Hoot nor Grace was qualified as an expert in the field of psychometrics or related topics. Therefore, any opinions regarding these subject matters to which they testified at the hearing have been treated as personal opinions, rather than expert opinions. Hoot characterized Petitioner as a good, diligent young engineer, and described Petitioner's role in various projects on which they worked together. Based on his work with Petitioner, it was Hoot's personal opinion that Petitioner possesses the integrity and competence to work as a licensed engineer who would serve the public health and safety. Hoot testified that when he took the PP exam approximately 38 years ago, it was a free response exam. He stated that he was "not exactly sure" that a multiple-choice exam captures an examinee's ability to apply reason and judgment, but he acknowledged that he does not know how the PP exam currently is developed. He offered his personal opinion that it was possible for a competent engineer to fail the PP exam. Hoot also offered his personal view that engineering licensure constitutes a standard of care; however, he did not think anything provides a guarantee of competence. It was his personal view that experience tended to make one more competent. He also offered his personal view that as an engineer gains more experience and becomes more specialized, it is understandable that he or she would not score as well as an engineer who is gearing up toward the four-year experience goal which enables them to apply for licensure as a P.E. As Hoot put it, "life happens. You have children involved. You move jobs. I think you . . . maybe have less time to study. . . you get farther away from the study habits of . . . learning to be able to take tests." Grace, who is employed as a P.E. with Brown and Caldwell ("B&C"), a large U.S. engineering firm, testified regarding Petitioner's work experience while he was employed by B&C. Petitioner's experience included working on drinking water projects, utilities, upgrading process equipment, site evaluations, bench scale testing, and other projects. Based on Grace's work with Petitioner, it was his personal opinion that Petitioner possesses the integrity and competence to work as a licensed engineer who would serve the public health and safety. Grace took the PP exam approximately 28 years ago, and at the time, a major portion of the exam consisted of long-form written exam questions that provided the opportunity for examinees to provide free response answers and earn partial credit for partially-correct answers. He testified that the exam also had a multiple-choice component. Grace testified that, "based on instinct," he knows well-designed multiple-choice questions can provide the same insight into an examinee's decision-making judgment as long-form questions. Grace's personal view is that passing the PP exam does not guarantee competence, and it is possible for an engineer to be competent in some engineering disciplines but not others. Grace also agreed that it was logical that an examinee with approximately four years' experience would perform better on the PP exam because he or she would have better-honed test-taking skills and be fresher in some areas tested on the exam. By contrast, engineers who have practiced longer have more experience, but often have become specialized and further removed from the test-taking environment. Thus, passing a broad-spectrum exam becomes a bigger hurdle for engineers who have practiced longer. Petitioner's Testimony Petitioner testified on his own behalf at the final hearing. As discussed above, Petitioner holds a bachelor of science degree in chemical engineering from an ABET-accredited institution, and holds a master of engineering degree from an ABET-accredited institution. Although Petitioner, through his training as an engineer, is skilled at mathematics and statistics, he is not trained, and does not have any substantial experience, in the field of psychometrics.5 5 As discussed in greater detail below, psychometrics is a specialized field of study that concerns the theory and technique of objective psychological measurement of skills, knowledge, abilities, and educational achievement. Petitioner acknowledged that he does not have a degree in psychometrics and that he is not trained in, or knowledgeable about, preparing and administering high-stakes professional examinations. At the time he filed the Rule Challenge Petition, Petitioner had no personal knowledge of the work done by psychometricians; did not know what a "cut score" was; and was not familiar with the Modified Angoff Method, item response theory, the specifics of converting raw scores to scaled scores, or other any psychometric tools and methods employed to prepare and score the PP exam. Petitioner acquired some rudimentary knowledge in a few of these areas in preparing for the final hearing in this proceeding.6 Section 90.701(2), Florida Statutes, prohibits a lay witness from testifying as to an opinion regarding a matter involving specialized knowledge.7 Accordingly, it is determined that Petitioner is not competent to provide an expert opinion regarding psychometrics and related areas, such as item response theory. He was not qualified, tendered, or accepted at the final hearing as an expert in psychometrics or any related areas. Because Petitioner was not qualified to testify as an expert witness at the final hearing, Petitioner's testimony regarding psychometrics, item response theory, scaled scores, the Modified Angoff Method, high-stakes professional testing, and all other specialized subject matters, consisted of opinion testimony by a lay witness. The only instances in which a lay witness 6 Petitioner does not have any special knowledge, formal training, education, or experience in the specialized field of psychometrics. His knowledge about these areas was acquired by reading and study in preparation for the final hearing. Because Petitioner lacks special knowledge, experience, training, and education in psychometrics, he is not qualified to testify as an expert in psychometrics or related topics, such as item response theory. See Chavez v. State, 12 So. 3d 199, 205 (Fla 2009)(in determining whether a witness is qualified to render an opinion as an expert in a specialized field, the court must determine whether the witness is adequately qualified to render an opinion based on special knowledge, experience, training, or education). 7 Chesser v. State, 30 So. 3d 625 (Fla. 1st DCA 2010)(it is error for a court to accept opinion testimony of a lay witness in a specialized subject matter area). may provide opinion testimony are when the lay witness's opinion is based on firsthand knowledge through personal perception.8 As the undersigned explained during the final hearing, rather than excluding Petitioner's lay opinion testimony, she would consider these pertinent evidentiary principles in determining the weight to be afforded Petitioner's lay opinion testimony in this proceeding. Applying these evidentiary principles, it is determined that Petitioner's testimony regarding psychometrics and related topics, such as item response theory, classical response theory, and high-stakes test reliability and validity, concerned specialized subject matters not within the realm of common knowledge or based on Petitioner's personal perception. Rather, such specialized subject matters required expert witness testimony, pursuant to section 90.702, and as addressed above, Petitioner was not shown to be an expert in any of these specialized subject matters. Because Petitioner's testimony constituted the type of opinion testimony that is not permissible by a lay witness, pursuant to section 90.701, such testimony is not afforded weight in this proceeding. Petitioner testified that "minimal competence," which is the standard measured on the PP Exam, equates to "competence" as defined in the dictionary—that is, the "sufficient ability for a specific need or requirement." However, this position ignores that, for purposes of the Challenged Rule, "minimal competence" is a term of art specifically used, in the psychometric measurement context, to describe the level of competence that corresponds to a passing score on the PP exam. As more fully discussed below, the PP exam is developed and scored using psychometric tools and methods. 8 Nat'l Commc'ns. Indus., Inc. v. Tarlini, 367 So. 2d 670, 671 (Fla. 1st DCA 1979)(lay witness testimony regarding a specialized subject matter was not admissible into evidence because the testimony was not regarding a subject matter about which the witness could testify based on common knowledge or his personal perception.) Petitioner contends that engineering experience is, by itself, a reliable measure of competence, so it is unnecessary to also pass the PP exam. Petitioner testified "the application process and [PP] exam have two entirely different methods to identify the same result: whether an engineer in training is competent enough to become a licensed engineer It is not logical for two checks of competence to come up with different results. There should be consistency." In support of this position, Petitioner relies on section 471.015(2)(a), which requires "at least 4 years of active engineering experience of a character indicating competence to be in 'responsible charge' of engineering." § 471.015(2)(a), Fla. Stat. "Responsible charge" is defined in rule 61G15-18.011(1) as the degree of control an engineer is required to maintain over engineering decisions made personally or by others over which the engineer exercises supervisory direction and control authority. An engineer in responsible charge is the "engineer of record," as defined in rule 61G15-30.002(1). Rule 61G15-30.002(1) defines "engineer of record" as a Florida professional engineer who is in responsible charge. Thus, an engineer who is qualified, for purposes of being in responsible charge pursuant to section 471.015(2)(a) must, in addition to having the minimum statutory experience, be a licensed P.E. This means that he or she necessarily must have passed the PP examination. These statutory and rule provisions collectively reinforce the point that for an engineer to demonstrate competence for purposes of holding himself or herself out as an "engineer," as defined in section 471.005(7), he or she must satisfy all three requirements of section 471.015(2)(a)—i.e., education, experience, and passing the licensing exam.9 9 The requirement to meet these three requirements, including the PP exam, is codified in section 471.051(2)(a). Eliminating the exam requirement and relying strictly on education and/or experience for licensure would require the Florida Legislature to amend this statute Petitioner echoed the testimony of Hoot and Grace that licensure is not a guarantee of competence, and that passing the PP exam does not guarantee minimal competence. To this point, he testified that he does not believe that the PP exam adequately and reliably measures an applicant's ability to practice engineering, and that experience is a better indicator of competence than passing the exam. By way of example, Petitioner described his own experience10—which he characterized as "directly matching" the activities in which a licensed engineer engages—and compared that experience to measuring competence by an exam, which Petitioner characterized as "attempt[ing] to indirectly measure my ability as an engineer." Based on his personal experience, Petitioner contends that experience better demonstrates competence to be licensed as a P.E.; that passing the PP exam does not indicate minimal competence to practice engineering; and that failing the PP exam does not mean that the examinee is not minimally competent. He further testified that examinees who fail the PP exam likely are minimally competent, since the engineering jobs they hold when applying for licensure likely would require that they be minimally competent in order to have been hired.11 to eliminate the exam requirement. The undersigned is not authorized by statute or the Florida Constitution to eliminate the PP exam requirement for licensure under chapter 471. 10 Petitioner's experience, set forth in his P.E. licensure application, was verified by his supervising engineers. 11 Petitioner appears to conflate being determined not "minimally competent" for purposes of passing the PP exam, with "incompetence," which is defined in Florida Administrative Code Rule 61G15-19.001(5) as the "physical or mental incapacity or inability of a professional engineer to perform the duties normally required of the professional engineer." Part of this confusion may be due, in part, to Respondent's response to one of Petitioner's interrogatories asking for a definition of "minimal competence." Rather than directly answering the interrogatory, Respondent referred Petitioner to the definition of "incompetence" for purposes of imposing discipline under Respondent's disciplinary rules—thus causing Petitioner to understandably assume that failing to demonstrate minimal competence through passing the PP exam equates to "incompetence," as defined in rule 61G15-19.001(5). However, the fact that Petitioner has not demonstrated "minimal competence" on the PP exam does not mean that he is incompetent; it simply means that he has not yet passed the PP exam for licensure as a P.E. in Florida. To this point, if failing to demonstrate "minimal competence" by passing the PP exam equated to being incompetence, every person who performs engineering work in To further illustrate this point, Petitioner noted that the data regarding passage rate of the PP exam shows that examinees having zero years of experience are almost twice as likely to pass the PP exam as examinees having 11 or more years of experience. However, as Hood and Grace explained, and as further discussed below, engineers having more than four to five years of experience begin to specialize in narrower fields and "life happens," in that personal and professional circumstances render it more difficult to prepare for and take a high-stakes test. Petitioner also disputed the accuracy of the PP exam preparation and scoring process. In particular, he took issue with the "model law engineer" standard to which the exam is designed. As discussed more extensively below, this standard equates to the competence level of an engineer having four years of engineering experience and who is capable of practicing engineering in a manner that protects the public health and safety. In particular, Petitioner contends that designing the PP exam to the "model law engineer" standard is unfair to anyone taking the exam that does not have exactly four of years of engineering experience. Notably, however, section 471.015(1), which is the statute implemented by the Challenged Rule, establishes four years as the engineering experience required for licensure as a P.E. Thus, the "model law engineer" standard is rationally related to the statutory minimum experience level for purposes of demonstrating minimum competency to be licensed. Petitioner also contends that the subject matters tested on the PP exam are unfairly broad, so that engineers who specialize in a particular area within an engineering discipline—such as specializing in water-related areas in environmental engineering—are disadvantaged by being required to take Florida but has not passed the PP exam would be "incompetent," and, thus, potentially subject to disciplinary action. an exam that covers a broad range of areas beyond his or her area of specialty. Petitioner further contends that it is irrational to test an examinee on particular areas that are irrelevant to his or her work and/or desired career path. However, the PP exam for a particular discipline is specifically designed to ensure that a licensed P.E. is competent to practice over a range of specific areas encompassed within that particular discipline. This is because once a person becomes a licensed P.E., he or she may practice engineering within any discipline or specific area within that particular discipline, subject to the professional and ethical requirements to limit practice to the disciplines and areas in which the engineer is actually competent. Thus, the breadth of the PP exam is designed to help ensure minimal competence to practice engineering in a manner that protects the public health and safety. Petitioner also contends that because the PP exam for some engineering disciplines tests a broader range of areas than the PP exam may test for other disciplines, the exam inconsistently measures minimal competency across the range of engineering disciplines. However, as discussed in detail below, the subject matters tested on the PP exam for a given discipline are chosen by subject-matter experts who are licensed engineers practicing in that particular engineering discipline, and are deemed, by those subject matter experts, to be most important to test for purposes of measuring competency in that discipline. Thus, while the number of discrete subject matters tested on the PP exams may differ across the various engineering disciplines, this difference is, factually and logically, a function of expert consensus regarding which subject matters need to tested to demonstrate minimal competence. Petitioner also contends that the Challenged Rule is vague because it does not specifically identify the disciplines, and the areas within each discipline, that are tested on the PP exam. Respondent has contracted with NCEES to be responsible for preparing, administering, and scoring the PP exams, pursuant to section 455.217(1)(d). NCEES conducts a methodical process, discussed in detail below, to determine the specific disciplines for which to develop a PP exam and the areas to be covered on the PP exam for a discipline. Exam specifications are then developed by subject matter experts within that discipline, and are published by NCEES. These specifications inform prospective examinees regarding the particular areas that will be tested on the PP exam for the discipline, and the number of questions for each specific area that will appear on the exam. Thus, prospective examinees are not left to wonder or guess about which disciplines will be tested; the areas within each discipline that will be tested; or the relative weight that will be assigned to each area tested.12 Although the Challenged Rule does not identify the specific disciplines tested on the PP exam, rule 61G15-21.001(1)(b)—which actually adopts the PP exam as an engineering licensure exam in Florida—states that the PP exam "is given by discipline." Therefore, even if section 455.217(1)(d) required the specific areas of competency to be identified by rule, such areas would have been identified in rule 61G15-21.001(1), rather than in the Challenged Rule.13 12 See Cole Vision v. Dep't of Bus. And Prof'l Reg., 688 So. 2d 404, 410 (Fla. 1st DCA 1997)(a rule is impermissibly vague if it is drafted in terms so vague that men of common intelligence must necessarily guess at its meaning or application. 13 Neither sections 455.217(1)(d) nor 471.015(1) specifically authorize or require Respondent to adopt rules identifying the general areas of competency tested on the PP exam. By contrast, exams developed by the agency pursuant to section 455.217(1)(b) must identify, by rule, the general areas of competency to be tested. Had the Legislature intended for exams authorized under section 455.217(1)(d)—of which the PP exam is an example—to adhere to the same requirement, the statute would have so stated. See Pro-Art Dental Lab, Inc. v. V- Strategic Grp., LLC, 986 So. 2d 1244, 1258 (Fla. 2008)(the specific mention of one thing in a statute implies the exclusion of another). Furthermore, section 120.54(1)(g) expressly requires a rule to address only one subject. Thus, if the Challenged Rule also addressed the areas of competency to be tested on the PP exam, it would violate section 120.54(1)(g). Petitioner also asserted, at the final hearing, that Respondent did not certify the PP exam as meeting the requirements of national examinations and generally accepted testing standards pursuant to department rules, as required by section 455.217(1)(d). However, Petitioner did not raise this alleged invalidity basis in the Rule Challenge Petition, so he is foreclosed from raising and litigating it at the final hearing. See § 120.56(1)(b), Fla. Stat. Petitioner also testified that, in transitioning from paper-and-pencil PP exams to computer-based exams, NCEES is relying on two different theories—classical test theory and item response theory—and that this reliance does not comport with generally accepted testing standards. However, as discussed above, Petitioner was not qualified as an expert in the specialized area of high-stakes examination preparation and scoring; thus, his testimony constitutes lay opinion regarding this specialized subject matter. He did not present any competent substantial evidence to support his contention that the PP exam does not meet generally accepted testing standards.14 Petitioner also testified that item response theory, which is a psychometric tool used in developing and scoring the PP exam, is an invalid means of determining the competence of an engineer. To this point, Petitioner testified that the "model law engineer" is not a real person, but is instead an imaginary person created by subject matter experts to define what a minimally competent engineer should know. Thus, according to Petitioner, 14 Because Petitioner was not qualified, tendered, or accepted as an expert in these specialized subject matters, and because his testimony on these matters consists of inadmissible lay opinion testimony, this testimony has not been afforded weight. §§ 90.701 and 90.702, Fla. Stat. the model law engineer standard is the wrong reference point for determining minimal competency to practice engineering.15 Petitioner also testified that the PP exam does not accurately measure ability, which is a latent trait for which an arbitrary measurement scale must be created. He testified that the model law engineer standard is the midpoint of this scale, and that the purpose of the scale is to determine whether examinees fall above or below that midpoint.16 He further contended that the PP exam does not accurately measure ability, because performance on the exam may be influenced by extraneous variables, such as test anxiety. Petitioner also testified regarding item response theory, which, as previously noted, is a psychometric tool used in developing and scoring high- stakes exams—a subject about which Petitioner had no training in, or knowledge about, until he prepared for the final hearing in this proceeding. Specifically, Petitioner testified that the item characteristic curve is the basic building block of item response theory, and that there are two technical properties of an item characteristic curve: difficulty of the item, and the ability of the item to discriminate between examinees' abilities. Petitioner testified that another basic principle of item response theory is that the examinee's ability is a variable with respect to the items used to determine it. According to Petitioner, this principle rests on two 15 Petitioner's testimony on this point was based on excerpts from a book titled Item Response Theory and a book titled The End of Average. The Item Response Theory book is a treatise on psychometrics, a highly specialized field about which Petitioner was not qualified to testify as an expert, and which is not susceptible to lay witness opinion testimony. Thus, Petitioner's testimony on these points is not assigned weight. See §§ 90.701 and 90.702, Fla. Stat. Additionally, excerpts from The End of Average were determined irrelevant, so were not admitted into evidence. 16 As support for this testimony, Petitioner selectively cited and quoted the deposition testimony of Timothy Miller, Respondent's expert on the development and scoring of NCEES's psychometric-based PP exams. The specific context of Miller's deposition testimony was that when an exam item is overexposed, it is subject to drift, which means that the percentage of correct answers for the item increases to the point that the item no longer is a good discriminator. As further discussed below, Petitioner's testimony on this point was directly and persuasively countered by Miller's expert testimony regarding scaled scores and setting the passing score for the PP exam. conditions: that all items measure the same underlying latent trait, and the values of all item parameters are in a common metric. According to Petitioner, this principle reflects that the item characteristic curve spans the entire ability scale; thus, the practical implication is that a test located anywhere along the ability scale can be used to estimate an examinee's ability, such that an examinee could take a test that is easy or hard, and on average, would score at the same estimated ability level. Petitioner testified that this stands in contrast to classical test theory, which he contends is a better discriminator of examinee ability.17 Petitioner also testified that the psychometric methods used to develop and score the computer-based PP exams are flawed because "difficulty" is subjective and entirely dependent on the individuals developing the PP exam. Thus, according to Petitioner, in scoring a computer-based multiple-choice PP exam, it is impossible to know whether a particular examinee got the answer right due to a reasonable approach in answering the question, or by guessing. Petitioner contends that for this reason, multiple-choice test questions developed using item response theory are not good discriminators of examinees' ability; thus, even if an examinee does not correctly answer enough questions to pass the exam, that does not mean that the examinee is not knowledgeable in that area.18 Petitioner further testified that because difficulty is a subjective parameter, different forms of the PP exam inherently have different levels of difficulty. Thus, according to Petitioner, it is a matter of luck whether an examinee takes a more difficult form or an easier form of the exam. Further to this point, Petitioner testified that because an examinee does not take multiple forms of the exam, but instead takes only one form, the determination of the examinee's ability is solely dependent on a subjective 17 Refer to note 15, supra. 18 Refer to note 15, supra. parameter—i.e., the difficulty of the test questions as determined by subject matter experts. Petitioner contends that, as a result, the PP exam does not accurately measure an examinee's ability, and, therefore, is not a valid exam.19 Petitioner also testified that because statistical indices of reliability and validity are not attributes of an exam, a researcher may select what seems to be an appropriate test for his or her purposes, when, in fact, the selected test does not have any level of reliability or validity. Thus, Petitioner testified, reliability and validity are values that reside in test scoring, not in the test itself. Petitioner testified that validation, in statistics, is the process of accumulating evidence that supports the appropriateness of the inferences that are made of student responses for assessment uses. He testified that validity refers to the degree to which the evidence indicates these interpretations are correct and the manner in which the interpretations are used is appropriate.20 Petitioner testified regarding three types of validity evidence: content, construct, and criterion evidence.21 Specifically, Petitioner testified that content evidence refers to the extent to which an examinee's responses to a given assessment reflect the examinee's knowledge of the content being tested; thus, to the extent an exam inadvertently measures a parameter that is not related to the examinee's knowledge of the content being tested, it is invalid. 19 Refer to note 15, supra. 20 Petitioner's testimony relied on, or was paraphrased from, a document titled The Scoring Rubric Development. Again, because this topic and document address a matter within the specialized fields of psychometrics, high-stakes testing, and test-scoring statistics, which are areas in which Petitioner was not qualified as an expert, and which are not susceptible to lay opinion testimony, pursuant to sections 90.701 and 90.702, Petitioner's testimony relying on this document, including his testimony regarding content, construct, and criterion-related evidence, is not afforded weight. 21 Refer to note 15, supra. This determination regarding the weight afforded Petitioner's testimony applies to paragraphs 94 through 100 herein. According to Petitioner, the content-related evidence for the PP exam for each discipline is inconsistent, so that the PP exam for a given discipline does not accurately measure minimal competence for that discipline. Petitioner also testified that the weighting of different topics on the PP exam necessarily creates an advantage for engineers who work in areas more heavily weighted on the exam, while creating a disadvantage for engineers who work in areas that are less heavily weighted on the exam. Petitioner also testified that to accurately determine minimal competence in all engineers, the model law engineer standard should be keyed to, and the content tested on the exam should be directed toward all engineers, including those having more than four years of experience. Petitioner also testified that construct-related evidence consists of external benchmarks, such as results and explanations, of internal evidence of psychological processes, such as reasoning. Petitioner testified that because multiple-choice exams do not provide evidence of an individual's reasoning process, they do not generate construct-related evidence for purposes of determining exam validity. Petitioner testified that free response paper-and pencil-exams provide construct-related evidence, so are better indicators of an examinee's knowledge. Petitioner also testified regarding criterion-related evidence, which relates to the extent to which the results of an assessment, such as the PP exam, correlate with a current or future event. By way of illustration, Petitioner testified that criterion-related evidence considers the extent to which a student's performance may be generalized to other relevant areas. Petitioner testified that an examinee's performance on the PP exam is not generalizable to other relevant activities, so it is impossible to determine whether the exam actually corresponds to minimal competence in the workplace. In sum, Petitioner testified that the PP exam does not meet content, construct, or criterion-based evidence for purposes of determining whether it is a valid exam. Thus, Petitioner reasons, it is logical to conclude that because the PP exam is not a good discriminator between minimally competent and incompetent engineers, it does not reliably and adequately measure competence. Petitioner also testified that because passing the PP exam is only one component of licensure, it fails to meet criterion-based validity, in that the exam, by itself, does not certify a passing examinee to practice as a P.E. As Petitioner put it, "you're just passing the exam as part of the requirement for licensure." Petitioner reasoned that if passing the PP exam corresponds to minimal competence, the experience and education requirements of section 471.015(2)(a) are redundant. Also to this point, Petitioner testified that the preapproval process to take the PP exam is directly related to an examinee's actual work experience as an engineer, while taking the exam merely entails answering questions about engineering work. Thus, Petitioner contends, a competent engineer, as shown through Respondent's preapproval process, may nonetheless fail the exam. Petitioner asserts that this further shows that the exam does not accurately measure minimal competence. Petitioner also testified that, in his view, delaying licensure of potentially competent engineers due to postponing the exam due to the Covid-19 pandemic does not serve the interest of public health and safety. To that point, he testified that the inability to obtain a variance, which would relieve examinees from having to take and pass the exam under such circumstances, renders the Challenged Rule arbitrary.22 Petitioner also contended that passing the PP exam should not be required, because other engineering professional associations—specifically, the European Federation of National Engineering Associations ("FEANI"), which represents engineers in European countries—allow licensure through 22 Petitioner's point regarding inability to obtain a variance or waiver is addressed in the Conclusions of Law. education and experience requirement, without requiring a professional exam to be taken and passed. However, because section 471.015, which governs the licensure of engineers in the state of Florida, requires a professional licensure examination to be taken and passed as part of the P.E. licensure requirements, Petitioner's testimony and argument regarding FEANI's practices and requirements take issue with the statute, rather than the Challenged Rule, and, thus are irrelevant. Petitioner also contends that the examination fee for the PP exam is arbitrarily set, rendering the Challenged Rule arbitrary. However, as discussed above, the Challenged Rule only addresses determining the passing grade for the PP exam using psychometric methods. The Challenged Rule has nothing to do with establishing or setting an examination fee. Thus, this challenge ground has no basis in fact or law.23 C. Findings Regarding the Evidence Presented in Respondent's Case Respondent's Expert Witnesses Respondent presented the testimony of Timothy Miller, P.E., who serves as Director of Examination Services for NCEES. Miller has held this position for approximately 15 years. His job-related activities and responsibilities include directing exam development, publication, scoring, and fulfillment of the licensing exams for engineers and surveyors; coordinating exam development committees consisting of over 800 volunteer subject matter experts who work on developing each NCEES exam; overseeing the exam development process and providing advice and guidance regarding engineering exam development, administration, production, scoring, analysis, and reporting; serving as a testing process consultant to exam development committees; and other exam-development and administration-related matters. 23 Additionally, this challenge ground was not raised in the Rule Challenge Petition, so is not at issue in this proceeding. See § 120.56(1)(b), Fla. Stat. Before Miller was promoted to his current position, he served as an examination development engineer for NCEES. In that position, Miller was responsible for planning and coordinating engineering exam development, production, administration, scoring analysis, and reporting for certain assigned examinations; serving as a testing consultant working with engineering exam development committee chairs regarding quality and number of exam development volunteers; and overseeing development and administration of the licensing exams in the specific fields of environmental controls systems, metallurgical engineering, and mechanical engineering. Through his experience in these positions with NCEES, Miller is an expert in professional examination development and scoring, particularly with respect to the development and scoring of the NCEES FE and PP examinations. Before being employed with NCEES, Miller practiced civil and structural engineering with several private-sector engineering firms. He has been a professional engineer since 1984, and is licensed as a P.E. in South Carolina, North Carolina, Maryland, Delaware, Pennsylvania, and New Jersey. Respondent also presented the testimony of Dr. Michelle Rodenberry, P.E., an associate dean and associate professor at the Florida A&M University–Florida State University College of Engineering. Her engineering expertise is in the field of structural engineering—specifically, bridge engineering. Rodenberry was appointed to the Board in 2012, and she served as a Board member until 2018. She is now an emeritus Board member. While on the Board, she served as chair of the education committee, and was involved in reviewing applications for licensure as a P.E. in Florida. Development, Scoring, and Validation of the PP Exam The NCEES engineering exams are national licensing exams that are recognized by every engineering licensing entity in each of the U.S. states, as well as by the engineering licensing entities in Washington, D.C.; Puerto Rico; the U.S. Virgin Islands; and the other U.S. territories and protectorates. There are approximately 26 different engineering disciplines, each of which is tested by a separate PP exam specific to that discipline. In the 1990s, NCEES decided to transition from subjectively-graded pencil-and-paper examinations to an objectively-graded computer-based multiple-choice exam format. Currently, approximately one-third of the PP exams, including environmental engineering, have been converted to a computer-based format, and all but one of the exams in the other disciplines is in the process of being converted. The reason NCEES is transitioning the PP exam from a pencil-and- paper format to a computer-based format consisting of multiple-choice questions is to help eliminate subjectivity in grading, so that the exam papers are consistently graded across groups of examinees. Additionally, a computer-based format consisting of objective multiple-choice questions allows the difficulty of the exam to be psychometrically evaluated for purposes of determining the passing score for a particular administration of the exam. To that point, because computer- based multiple-choice exams are objectively scored, exams offered at different times during the year are able to be compared, or equated, for purposes of setting the passing grade for a particular exam administration.24 Respondent entered into a contract with NCEES in 2009, pursuant to which NCEES provides the FE and PP exams for engineer licensure in Florida. In 2013, the contract was amended to allow NCEES to provide the exams by computer-based testing, using Pearson Vue as its exam 24 As Miller explained,"[i]f they were different on a difficulty level, the harder exam, the standard would actually be lowered so that it would be fair across administration so everybody was treated consistently. Or if my exam was less difficult, the standard would be raised. I would have to get more questions right." administering entity. The FE and PP exams are administered by Pearson Vue at its testing centers. NCEES develops model laws and rules that represent best practices with respect to state licensing of engineers. The aim of these model laws and rules is to achieve uniformity and consistency throughout the states and the U.S. territories and protectorates in the licensure of professional engineers. A significant benefit of such consistency and uniformity is the resulting "mobility" for licensed professional engineers—that is, the ability to more easily become licensed to practice engineering in multiple states. The NCEES model laws and rules establish the "model law engineer," which defines and constitutes the standard for minimal competence in a specific engineering discipline for purposes of being licensed as a P.E. in that discipline. The model laws and rules define the "model law engineer" as a person who holds a degree from an engineering educational program accredited by ABET, has four years of active engineering practice experience, and passes the FE and PP exams. The model law engineer standard equates to the competence level of an engineer having four years of engineering experience who is capable of practicing engineering in a manner that protects the public health and safety. This constitutes the minimum competence level that an applicant must demonstrate for purposes of being licensed as a P.E.25 in the 50 states and the U.S. territories and protectorates. Thus, the NCEES PP exam is constructed to test engineering ability keyed to the model law engineer standard. That is, the PP exam is designed to determine the ability level of an applicant for P.E. licensure for purposes of 25 Refer to note 12, supra. The term "minimal competence," as used in the Challenged Rule, is specifically keyed to the "model law engineer" standard for purposes of being licensed as a P.E. It is not meant to indicate or imply that an engineer who does not take or pass the PP exam is per se incompetent, such that he or she is not competent to engage in work constituting engineering, as defined in section 471.005(7). comparing that ability level to that of an engineer having four years' experience who is able to practice engineering in a manner that protects the public health and safety. Examinees having four years of engineering experience after graduation have the highest pass rates on the PP exams. Pass rates for examinees with more or less than four years of experience are lower, typically in proportion to the length of time before or after the four-year experience mark when they take the PP exam. Miller explained, credibly and persuasively, that the reason for the drop-off in PP exam performance after the four-year mark is that "life happens." Engineers gain more experience, and many become specialized in a relatively narrow niche, or move into managerial, non-technical positions. Additionally, because the PP exam does, in part, test subjects that one learns in college, the longer an examinee is out of college, the less subject matter recall in certain areas he or she may have. "Psychometrics" is the specialized field of study concerned with the theory and technique of psychological measurement. Specifically, psychometrics entails the objective measurement of skills and knowledge, abilities, and educational achievement. Among other specialized areas of practice, psychometricians focus on the construction and validation of assessment instruments, and theories, such as item response theory, that relate to psychological measurement. Psychometricians typically have graduate training and all possess specialized qualifications that enable them to engage in objective psychological measurement. PP exams are designed to determine minimal competence in a specific engineering discipline. "Minimal competence" is the minimal amount of knowledge required to practice in that particular engineering discipline in order to protect the public health and safety. For any specific engineering discipline for which it has been determined that a PP exam should be given,26 there is an approximately three-year due diligence period in which subject matter experts in that discipline work to determine the topics that should be tested on the exam. The PP exam for each specific discipline is developed by subject matter experts, who volunteer and meet on a monthly basis to develop, review, and evaluate the questions for the PP exam for that specific discipline.27 The process of determining which topics should be tested on a PP exam, termed the Professional Activities and Knowledge Study ("PAKS") process, is a standard practice used to determine the specific topics to be tested on a PP exam. As part of the PAKS process, a consulting psychometrician28 employed by Pearson Vue; 15 to 20 engineers who are licensed in another engineering discipline; and subject matter experts who may teach a particular engineering discipline for which the PP exam is being developed, work together to develop consensus regarding the specific topics that engineers having four years of experience practicing in that discipline need to know in order to safely practice engineering in a manner that protects the public health and safety.29 26 For a PP exam to be developed for a new engineering discipline, at least ten NCEES- member state engineering boards must request that such exam be developed, and at least one ABET-accredited program in that specific discipline must exist. 27 Over the years of development and administration of the PP exam, hundreds of licensed engineers have provided input regarding the topics that should be, and are, tested in each discipline and the relative weight given to each topic on the PP exam. 28 Pearson Vue's psychometricians who develop, score, and evaluate NCEES's exams have Ph.D. degrees in psychometrics or statistical analysis. 29 Subject matter experts selected to develop the PP exam questions are chosen based on consideration of the type of practice, such as governmental and private practice; gender; ethnicity; length of time of licensure as a P.E.; and geographic considerations. All subject matter experts must be licensed as a P.E. by a state engineering licensure board in order to The consulting psychometrician builds a questionnaire that lists the specific topics identified by the PAKS committee, and distributes an online survey to engineers who practice in the discipline for which the PP exam is being developed. The survey seeks input regarding the relative importance of each specific topic for purposes of testing to demonstrate minimal competence in the discipline. Based on the survey responses from engineers practicing in the discipline, exam specifications are developed. The exam specifications identify each specific topic to be tested on the PP exam, and the number or percentage of exam questions that will address each specific topic within that discipline. The exam specifications must be approved by an oversight committee. Once the exam specifications have been approved, the subject matter experts for that specific engineering discipline for which the PP exam is being developed prepare the PP exam questions—also termed "items"—and review and evaluate them for clarity, demographic neutrality, and other parameters, so that the items will reliably and validly test engineering ability. In computer-based multiple-choice PP exams, the questions are prepared such that for each question, there is only one correct answer and three other plausible, but incorrect, alternative choices. The individual exam questions are reviewed numerous times by the subject matter experts before they are moved into an exam question bank for use on the PP exam. Once the exam questions have been developed and banked for use on a PP exam, a standard-setting committee, consisting of ten to 15 licensed engineers having diverse backgrounds, experience, and demographic features, reviews the exam to determine the minimum passing score—or "cut score"—on the exam. The cut score equates to the ability level of an engineer serve in this capacity. As noted above, over the years of development and administration of the PP exam, hundreds of engineers have provided input in developing each PP exam. having four years of experience who is minimally competent to practice engineering at a level that protects the public health and safety. This method of using subject matter experts to examine the content of each exam question and predict how many minimally-qualified examinees would answer each question correctly is termed the "Modified Angoff Method." The standard-setting committee then takes the exam, and the psychometrician analyzes the data from the committee's exam sitting. Using this data and analysis, the standard-setting committee then reviews, and reaches consensus, regarding each question, for purposes of determining the proportion of minimally competent engineers who would answer that specific question correctly. Based on the information generated by this process, the psychometrician develops the "panel recommended passing score," with a statistical margin of error. The psychometrician presents this recommended passing score to a committee of five persons, consisting of two state licensing board members and three subject matter experts who observed the exam development process. Based on the psychometrician's recommendation, the committee makes the final decision regarding the minimum passing score for the exam. Each PP exam question is developed and evaluated using the process described above, and is placed in bank for use on a PP exam. The psychometrician uses item response theory to "calibrate"—i.e., determine the relative difficulty level of—each exam question.30 An exam question is not banked for use on future sittings of the exam unless it has had at least 200 responses on a previous exam, so that statistics for each item's performance can be generated for purposes of item calibration. 30 Item response theory is one of many psychometric methods, or tools, used to weight exam questions for purposes of creating different forms of exams having the same level of difficulty. Depending on the specific discipline, a question bank for a PP exam may consist of many thousands of questions.31 Using item response theory, the psychometrician converts the passing score to create a scale from -5 to +5, which will equate to the examinee's ability level as measured by the exam. Once the passing score for the PP exam has been determined, different PP exam "forms" are created for administration in different exam sittings. Exam "forms" are essentially different versions of the PP exam that consist of different individual questions of the same difficulty level, as determined using item response theory, for each specific topic on the exam. Thus, if a PP exam was administered, for example, in April and October, the different exam administrations would consist of different forms—meaning that the exam would consist of different questions, but the questions would be of the same difficulty level for a specific topic tested on the exam.32 Additionally, because exam item difficulty has been calibrated using item response theory, different forms of a PP exam can be given during the same exam administration at different locations.33 Importantly, because the difficulty of the exam items has been calibrated using item response theory, the different exam forms are statistically equivalent in difficulty. 31 The only items that will be used on the graded portion of the PP exam are questions that have known statistics such that they have been calibrated for difficulty. However, there may be other "pretest" questions on the exam strictly for purposes of gathering statistics regarding performance on the questions for potential inclusion in the exam item bank; these "pretest" exam questions are not graded for purposes of determining the examinee's score on the exam. 32 As Miller explained, for an administration of an exam at different locations at the same time, the form administered at a particular location consists of different questions than the form administered at another location; however, the exam forms are equivalent in terms of the number of questions addressing a particular topic and the difficulty of the items addressing that topic. 33 Using the "linear-on-the-fly" ("LOFT") method to generate different forms of the exam also helps ensures exam security, since persons sitting near each other during an administration of the exam will not have the same exam form. As a result of using these processes, including the Modified Angoff Method, and applying item response theory to calibrate the exam items for purposes of constructing different, but statistically equivalent, forms of the PP exam, examinees are not graded on how they perform against each other, but instead are graded against the cut score set for the exam. To ensure that different forms of the exam are statistically equivalent in difficulty, Pearson Vue uses the LOFT method,34 which employs an algorithm to ensure that, across all of the exam forms, all examinees get the same number of questions of the same level of difficulty on the same topics. The algorithm randomly generates, or assembles from banked exam questions, different exam forms based on the exam specifications (i.e., the specific topics tested and relative weight/number of exam questions for that topic) and the difficulty level of the exam questions, such that the different exam forms generated by LOFT are statistically equivalent to each other. Using item response theory to calibrate specific exam question difficulty based on the statistical probability of being answered correctly enables examinees taking different, but statistically equivalent, forms of the exam to be compared to the passing standard for purposes of determining whether they pass the exam. Thus, examinees are compared to an ability level—here, minimal competence—rather than to each other.35 This method ensures that all examinees take an exam of equivalent difficulty, which, in turn, helps ensure the fairness of the exam. 34 For the engineering disciplines having too small a group of examinees to employ item response theory or LOFT to generate different exam forms, each examinee takes the same exam instead of taking different forms of the exam, and the exam typically is offered only on one day, rather than multiple days, per year. 35 By way of example, Miller explained that if two examinees each answer five questions on the same topic on the exam, and one examinee answers four easier questions correctly and the other examinee answers two comparatively more difficult questions correctly, the examinee answering the two more difficult questions correctly may have a higher ability level on that particular topic, due to the comparative difficulty of the questions that examinee answered correctly. Once a PP exam is administered, Pearson Vue scores the examination and sends NCEES the information regarding whether each examinee has passed or failed the exam. Pearson Vue also provides each examinee the information regarding his or her performance on the exam compared to the minimum competence standard. The examinee's performance is expressed as a scaled score, for each specific topic tested on the exam, and for the entire exam. Specifically, using psychometric statistical methods, the ability level of the examinee is expressed as "theta," and is placed on a scale of 0 to 15 for each of the specific topics tested. The examinee's overall theta across all specific topics tested is then compared to the "minimal competence" passing standard, which is also expressed as a scaled score using the same 0 to 15 scale. After an exam is taken and scored, the consulting psychometrician analyzes this data, called "response data," for each exam question, for each examinee, to calibrate the items for purposes of determining whether a particular question performs well in discriminating ability level of the examinees. The psychometrician may recommend that an exam question be "retired" because it is not performing as a good discriminator of ability level. Examples are where an exam question is too difficult or too easy, such that it does not discriminate well in determining ability level; where an item takes too long to answer or is ambiguous; where an item has been "overexposed" by having become publicized such that future examinees have access to the question and scores on the question become high; or where an exam contains "bad pair" items, such that the answer to one item may suggest, or lead to, the answer on another similar item. Having a psychometrician involved in tracking and analyzing exam data enables such circumstances and situations—which may influence the scores on a test item for reasons not related to the examinee's ability—to be identified and corrected. Returning to a free response, paper-and-pencil exam format for the P.E. licensing exam would provide a far less objective, fair, and accurate measure for determining minimal competence for purposes of being licensed to practice engineering. It also would negatively affect the ability of licensed engineers to become licensed in other states. Due to the use of psychometric methods in developing and scoring, the PP exams are very reliable across multiple administrations of the exam— to the point that all of NCEES's psychometric-based PP exams score upwards of .9 on a scale of 1.0.36 Psychometric methods, including item response theory, are used in developing, administering, and scoring many different types of high-stakes professional and academic examinations, including medical school admissions examinations, and nursing, medical examiner, internal auditor, and architecture licensure examinations. NCEES audits approximately one-third of the exams administered by Pearson Vue on an annual basis, to independently evaluate the accuracy of the psychometric services provided by Pearson Vue, and to ensure that the exams have been created pursuant to NCEES's guidelines, procedures, and requirements. NCEES also retains independent psychometricians to review Pearson Vue's exam-related reports and analyses, to ensure that Pearson Vue is following standard psychometric rules of good practice. In sum, the use of objective psychometric methods, including the methods discussed above, to develop, score, and evaluate the PP exam ensures that minimal competence, for purposes of licensure as a P.E., is accurately measured by the exam. Role of the PP Exam in Licensure of PEs in Florida As discussed above, to be licensed as a P.E. in Florida, an applicant must have a college degree from an ABET-accredited institution, four years of 36 Test reliability refers to the degree of consistency with which a test measures a particular subject matter across different administrations of the test. A test has a high reliability score if it consistently produces similar results under consistent conditions. A 1.0 reliability score reflects perfect consistency in results across different administrations of a test. An acceptable reliability score target for high-stakes tests is .7 or higher. active experience in engineering practice, and have passed the FE and PP exams. Thus, the P.E. exam is a vital component of determining that an engineer licensed as a P.E. to practice in Florida is able to practice at a competence level that protects the public health and safety. Unlike the education and experience requirements for licensure— both of which may entail a great deal of variability in quality and breadth across applicants—the PP exam constitutes an objective, consistent tool37 to measure an applicant's level of competence for purposes of determining whether the applicant possesses the minimal competence needed to practice engineering in a manner that protects the public health and safety. As such, the PP exam constitutes a uniform measure of minimal competency for purposes of licensure as a P.E. in Florida. As discussed above, this does not mean that a person who engages in engineering work but has not passed the PP exam is incompetent; it merely means that he or she has not demonstrated minimal competency on this required objective measure of competency for licensure purposes. As discussed above, the PP exam is specifically designed to ensure that a licensed P.E. is competent to practice over a range of specific areas encompassed within a particular discipline. This is because a licensed P.E. is authorized to practice engineering within any discipline or area, subject to professional and ethical standards. The breadth of the PP exam thus helps ensure minimal competence to practice engineering in a manner that protects the public health and safety. 37 This consistency and uniformity is the direct result of the psychometrically-based exam development, scoring, calibration, and validation methods discussed above. The purpose of P.E. licensure is to inform and protect the public, which is entitled to rely on such licensure as indicating that the licensee is competent to practice engineering.38 Administration of the PP Exam During the Covid-19 Pandemic As discussed above, Petitioner has alleged that the Challenged Rule is arbitrary on the basis that it does not address contingencies for offering the exam if unforeseen circumstances prevent regular administration of the PP exam. Specifically, Petitioner points to the fact that Pearson Vue cancelled the April 2020 PP exam administration due to the Covid-19 pandemic. Pearson Vue has rescheduled the PP exams for various times and at various locations around the country in an effort to make the PP exam available for prospective examinees during the pandemic.39 Pearson Vue also is taking substantial steps to protect persons who have applied to take the PP exams during the Covid-19 pandemic. To that point, Pearson Vue has retrofitted its testing centers to help ensure the safety of the examinees as they sit for the PP exam. Specifically, the number of examinees who will be in a testing room has been reduced; masks are required to be worn by examinees and proctors; testing stations are cleaned between each use; some additional test center locations have been added; and some states have relaxed rules to allow examinees to sit for the exam in states other than the one for which they are applying for licensure. At present, the exams are not able to be offered over the internet so that examinees are able to take the exam at a remote location. A substantial reason for this is lack of exam security, which is necessary to protect and 38 As noted above, a person does not have to be licensed as a P.E. to engage in engineering work in Florida. However, if a person wishes to hold himself or herself out to the public as a P.E., then that person must satisfy the requirement to pass the PP exam, which is an indicator of minimal competence for purposes of licensure. 39 Among other things, Petitioner alleges, in paragraph 19 of the Rule Challenge Petition, that the Challenged Rule is invalid under section 120.52(8)(d) because it does not address circumstances where an examination cannot be administered due to force majeure. As maintain the exam's integrity. Additionally, the lack of guarantee of internet service reliability and functionality for every examinee is a crucial consideration, since failed internet connections could significantly affect the fairness of the exam.
The Issue Whether Petitioner is entitled to additional credit for his responses to question numbers 21 and 24 of the Principles and Practice of Engineering Examination administered in April 1998.
Findings Of Fact Petitioner took the April 24, 1998 professional engineering licensing examination with an emphasis in civil engineering. A score of 70 is required to pass the test. Petitioner obtained a score of 69. In order to achieve a score of 70, Petitioner needs a raw score of 48. Therefore, Petitioner is in need of at least one additional raw score point. Petitioner is challenging question numbers 21 and 24. They are both multiple-choice questions and worth one point each. Exhibit 10 contains a diagram for the candidate's use in answering question numbers 21 and 24. Question 21 requires the examinee to calculate the percentage of wooded land on the diagram. The diagram contains a rectangle labeled "woodlot," and within the rectangle are three non-contiguous areas marked with schematics of trees. The Petitioner reduced the percentage of wooded area to conform to the portion of the area labeled "woodlot" marked with schematics of trees. In regard to question number 21, the Petitioner asserts that as a matter of convention, by failing to put the trees everywhere in the wooded lot, one may assume that there are trees only where there is a schematic of the trees. The Petitioner's challenge was rejected on the basis that the scorer opined that it is standard practice that drawings are only partially filled with details, and the most reasonable interpretation of the site plan drawings is that the woodlot fills the entire area enclosed by the rectangle. John Howath, a professional engineer, testified regarding accepted conventions in engineering drawings. In Howath's opinion the drawing on the examination used inconsistent methodologies and was confusing regarding whether all of the area designated by the label or "call out" of woodlot was in fact wooded. Both the Petitioner and Mr. Howath referred to drawings in the Civil Engineering Reference Manual which showed areas on drawings totally covered with visual indications of a particular material or condition. Peter Sushinsky, a professional engineer, testified as an expert for the Respondent. Mr. Sushinsky acknowledged the Petitioner's exhibits; however, Mr. Sushinsky noted that these were only a few examples of drawings that are available. Mr. Sushinsky referenced construction drawings he had seen in his practice with partial "cross-hatching" just like the diagram on the examination. In sum, Mr. Sushinsky's experience was that diagram might be totally or partially "cross-hatched." In Mr. Sushinsky's opinion it was not a bad diagram, only subject to a different interpretation by a minor group. Question number 24 asked the candidate to calculate the weir peak discharge from the catchment area using the rational formula. The Petitioner asserts the question is misleading and should read, "What is the peak discharge from the watershed?" The Petitioner bases his assertion on the ground that the "rational formula" is used to compute discharge from a watershed not a weir, as mandated by the question. The scorer did not address the Petitioner's concerns. The scorer stated, "It is clear from the item statement that the weir equation is not to be used." However, the questions ask the candidate to compute the weir discharge. Jennifer Jacobs, a professor of engineering, testified regarding the rationale formula that it was used to calculate watershed discharge and not weir discharge. All experts agreed that the rational formula is not used to compute weir discharge. The experts all agree that the question was confusing because the rational formula is not used to calculate the discharge from a weir. The Respondent's expert justifies the answer deemed correct on the basis that if one uses the rational formula and computes the watershed discharge, one of the answers provided is close to the result. The Respondent's expert calculated the watershed discharge as 230.6 cubic feet per second (cfs). The answer deemed correct was 232 cfs. The expert stated the weir attenuates flow. If the weir attenuates flow one would expect an answer less than 230.6 cfs., not an answer equal to or greater than 230.6 cfs. The amount of attenuation is based upon the physical features of the impoundment area and the mouth of the weir. Weir Attenuation varies. The only answers smaller than 230.6 are 200 or 32. Is the 232 cfs. answer wrong because it does not allow for attenuation by the weir? How much did the weir attenuate the flow? Under these facts, the question is capricious. The Respondent argues that the Petitioner didn't follow instructions while acknowledging that the "correct" answer is not the answer to the question that was asked.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is RECOMMENDED: That the Respondent enter a final order awarding Petitioner two raw points and a passing score on the Principles and Practice of Engineering Examination. DONE AND ENTERED this 20th day of May, 1999, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of May, 1999. COPIES FURNISHED: Mark W. Nelson 720 Northwest 31st Avenue Gainesville, Florida 32609 Natalie A. Lowe, Esquire Board of Professional Engineers 1208 Hays Street Tallahassee, Florida 32301 Dennis Barton, Executive Director Board of Professional Engineers 1208 Hays Street Tallahassee, Florida 32301 William Woodyard, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issue is whether Petitioner is eligible to take the Principles and Practices Examination for licensure as a professional engineer.
Findings Of Fact In 1994, Petitioner passed the Secondary School Certificate Examination (a ten-year academic course) in India. Petitioner passed this high school course of study with classes in the core subjects of English, Sanskrit, Hindi, Mathematics, Science, and Social Sciences. In 1996, Petitioner passed the Higher Secondary School Certificate Examination in India. For this two-year high school course of study, Petitioner completed classes in English, Mathematics and Statistics, Physics, Chemistry, and Comprehensive Science. Petitioner completed his undergraduate degree in December 2001. He graduated from the Sardar Patel College of Engineering (SPCE), an affiliate of the University of Mumbai in Mumbai, India, with a Bachelor of Engineering Degree (Civil). The SPCE is accredited by the National Board of Accreditation of the All India Council for Technical Education (NBA-AICTE). At the time of Petitioner's graduation, the SPCE was not accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology, Inc. (ABET). For 75 years, ABET has accredited college and university programs in the United States in the following areas: (a) applied science; (b) computing; (c) engineering; and (d) technology. It is a federation of 28 professional and technical societies representing these fields. ABET accredits approximately 2,700 programs at over 550 colleges and universities nationwide. In April 2003, Petitioner passed the Engineer Intern Examination. Petitioner passed this eight-hour written examination in Ohio. In May 2003, Petitioner earned a Master of Science in Civil Engineering at the University of Toledo, Toledo, Ohio. Petitioner worked for a design engineer located in Vicksburg, Mississippi, from July 2003 to April 2004. Since May 2004, Petitioner has worked for an engineering firm located in Jacksonville, Florida. The Washington Accord, signed in 1989, is an international agreement among bodies responsible for accrediting engineering degree programs. It recognizes the substantial equivalency of programs accredited by signatories and recommends that graduates of programs accredited by any signatory be recognized by the other signatories as having met the academic requirements for entry to the practice of engineering. ABET, as a signatory of the Washington Accord, recognizes the substantial equivalency of foreign academic programs accredited by other signatory members; it does not accredit them. Further, ABET only recommends that graduates of programs from the signatories be recognized as substantially equivalent. Respondent does not follow the recommendations of ABET regarding the substantial equivalency of foreign academic programs in part because ABET and the other signatories of the Washington Accord recognize engineering technology degrees. Respondent has statutory authority to recognize engineering technology degrees only if the applicant was enrolled in a state university system prior to July 1, 1979. See § 471.013(1)(a)2., Fla. Stat. In 2007, the Washington Accord members granted provisional membership status to the NBA-AICTE. As a provisional member, the NBA-AICTE must demonstrate that the accreditation system for which it has responsibility, appears to be conceptually similar to those of the other signatories of the Washington Accord. By conferring provisional status, the signatories have indicated that they consider the provisional signatory to have the potential capability to reach full signatory status; however, the awarding of provisional status does not in any way imply a guarantee of the granting of full signatory status. April 2007, Petitioner applied to take the Principles and Practices Examination for licensure as a professional engineer. He specifically sought to be recognized as a civil engineer with proficiency in water resources. In order to show substantial equivalency pursuant to Florida Administrative Code Rule 61G15-20.007(1), Petitioner had his engineering degree from SPCE evaluated by Joseph Silny and Associates, Inc. (Silny). Respondent has approved Silny to conduct the substantial equivalency evaluations required by Florida Administrative Code Rule 61G15-20.007(3). Silny's evaluation showed that Petitioner's degree from SPCE lacked 13.59 semester credit hours of math and basic sciences, and 16 semester credit hours of humanities and social sciences. Silny concluded that Petitioner’s SPCE degree failed to meet the substantial equivalency requirements rule requirements. Petitioner submitted his transcript from the University of Toledo to Respondent for further evaluation. After reviewing the transcript, Respondent gave Petitioner credit for coursework in Numerical Analysis I and Numerical Analysis II, totaling six semester credit hours toward the math and basic science requirements. The credit reduced Petitioner's academic deficiency to 7.59 semester credit hours in math and basic science. During the hearing, Petitioner submitted transcripts and his secondary school certificates as evidence of coursework prior to his Bachelor of Science degree at SPCE. This coursework is not acceptable to meet the substantial equivalency rule requirements because they are college preparatory classes taken in high school for which Petitioner received no college credit. Many of Petitioner's high school courses cover subjects also taken in his undergraduate program, such as physics, chemistry, math, and statistics. Petitioner has already received credit for these courses that cannot be counted twice.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Respondent enters a final order denying Petitioner's application to take the second part of the professional engineer examination. DONE AND ENTERED this 14th day of April, 2008, in Tallahassee, Leon County, Florida. S SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of April, 2008. COPIES FURNISHED: Rahul Parab 496 Monet Avenue Ponte Vedra, Florida 32081 Michael T. Flury, Esquire Office of the Attorney General The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050 Nancy S. Terrel, Hearing Officer Office of the General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Paul J. Martin, Executive Director Patrick Creehan, Esquire Board of Professional Engineers Department of Business and Professional Regulation 2507 Callaway Road, Suite 200 Tallahassee, Florida 32303-5267 Ned Luczynski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Leslie H. Roth is a licensed CPA in the State of Florida, holding License No. R0004593. He was employed by the CPA firm of Rachlin & Cohen from December 2, 1974, through August 26, 1977. During that period of employment he was paid a salary plus a commission based upon the number of clients he brought to the firm and the fees he generated. The Respondent left that firm on August 26, 1977, and became an employee of Holiday Inn at Calder Race Course in Miami. Upon leaving the firm of Rachlin & Cohen the Respondent signed acknowledgements disclosing the status of the clients' work to which he had been assigned and the related amount of money owed to the firm. When he left that firm, the firm owed him no additional commissions or salaries. The Respondent failed to remit to Rachlin & Cohen the fees collected from their clients for whom he had performed services and when Rachlin & Cohen attempted to collect those fees some of the clients claimed they had already paid the Respondent. Rachlin & Cohen, therefore, filed suit in circuit court and obtained a judgment against the Respondent in the amount of $550 representing the firm's fees collected by the Respondent. In early 1978, while working as a CPA for Holiday Inn at Calder Race Course, the Respondent prepared some unaudited financial statements in order to help the business maintain or keep a loan with a financial institution. These unaudited financial statements are required to comply with applicable generally accepted accounting principles and auditing standards. They contained a technical deficiency because the Respondent failed to disclose an aggregate future minimum lease payment and a potential deficiency in that the notation that the statements were "before final year-end adjustments" did not disclose whether material adjustment needed to be made. The Respondent also was shown to have performed the service of filing a "1120-SK-1 form" for Pro-Management, Inc., while Pro-Management, Inc., was a client of Rachlin & Cohen. Filing s such a form is normally the duty of the regularly retained accounting firm for that company. The Respondent's "reestablishment period" for his CPA license was 1977 through 1979. He was required to file yearly continuing professional education reports related to his reestablishment period. These were due by January 15, of each following year, reporting on his level of compliance with continuing professional education (CPE) requirements for the preceding year. In 1977, when the period started, the CPE requirements were 30 hours per year, with at least 8 hours of accounting and auditing. If not completed the first year and any time during the 3-year period, he would have to completed 120 hours of CPE courses, including at least 32 hours of accounting and auditing. In October, 1977, the law changed and licensees could choose to complete the old requirements or the new ones which were 24 hours per year including at least 64 hours of auditing and accounting, but licensees could not use a combination of those. If a licensee files such a form substantially late it must be accompanied by a verification of attendance at the subject CPE courses. The CPA is also required to maintain documentation of CPE courses attended for 3 years following his reestablishment period. The Respondent filed a CPE education report for 1977 on January 1, 1978. It was reviewed and returned February 1, 1978, with a letter by the Board explaining that the Respondent had reported one course incorrectly for "accounting and auditing" when it was only half-approved for that category. He also was informed by the Board that he reported 7 hours of accounting and auditing credit for Dade County, Florida Institute of CPA Monthly Meetings, but with no dates and no titles of sessions attended. The Respondent returned the 1977 form to the Board's office January 7, 1980, along with the 1978-1979 CPE report forms, approximately 2 years late with regard to the 1977 form and 1 year late with regard to the 1978 reporting period. The forms filed by the Respondent reflected that in 1977 he had obtained 22 hours of accounting and auditing and 34 hours total CPE. He still supplied no dates for the meetings of the Dade County Chapter of FICPA, nor had he apportioned hours properly. He reported 15 hours accounting and auditing and 37 hours total CPE for 1878, but again he included FICPA monthly meetings for 4 hours of his accounting and auditing requirement and 4 hours for "other." Under the category "Accountants for Public Interest," he reported 3 hours accounting and auditing and 10 hours "other," but with no itemization of the programs attended on his 1979 form. The 1979 form was, however, timely filed. The hours reported by the Respondent which were verified still did not fulfill the continuing professional education requirements imposed by the Board for the years involved. The staff of the Board attempted to notify the Respondent of the deficiencies in his reporting and requested verification of his courses attended. The Board received no response from the Respondent. In view of his lack of response and the deficiency in reporting CPE courses attended, the Continuing Education Committee recommended to the Board of Accountancy that the Respondent's license be reverted to inactive status. The Respondent was accordingly notified on March 1, 1980, that his continuing professional education appeared deficient and he was given 30 days to correct the situation. The Respondent did not respond and on May 1, 1980, he was informed by the Continuing Professional Education Committee that it would recommend to the Board that it relegate his license to inactive status. On July 30, 1980, the Respondent was sent another letter with essentially the same information giving him an additional period of time to resolve his difficulty. Finally, at the August, 1980, meeting of the Board of Accountancy the reversion to inactive status was accomplished. The Respondent's license has thus legally been inactive since August 20 of 1980. Since May of 1980, to the date of the hearing, the Respondent has been employed by Gerson, Preston & Co., a CPA firm, where he has utilized his accounting skills and worked as a staff accountant. He has thus practiced as a CPA since August 20, 1980.
Recommendation Having considered the foregoing findings of fact, conclusions of law, the candor and demeanor of the witnesses and the pleadings and arguments of the parties, it is RECOMMENDED that the Respondent, Leslie H. Roth, be found guilty of the charges in the Administrative Complaint herein and that his License No. ROOO4593 be placed in a suspended status for 3 months from the date of the final order herein; that his licensure then be returned to active status, but that he be placed on probation for 3 years and be required to complete 120 hours of continuing professional education, including at least 32 hours of accounting and auditing and that he be fined the sum of $1,000. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 5th day of October, 1981. P. MICHAEL RUFF Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of October, 1981. COPIES FURNISHED: Drucilla E. Bell, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Leslie H. Roth Post Office Box 9174 Pembroke Pines, Florida 33024
The Issue Is Petitioner entitled to one additional point on the October 1996 Professional Civil Engineer Examination so as to achieve a passing score for licensure in Florida?
Findings Of Fact Petitioner took the Civil Engineer Examination given in October 1996. The Department of Business and Professional Regulation's Bureau of Testing notified Petitioner by Examination Grade Report dated February 17, 1997, that she had earned a score of 69.00 on the Civil Engineer Examination. The minimum passing score for the Civil Engineer Examination is 70.00. Petitioner timely requested formal hearing and challenged only Question 120, for which she received no points. Petitioner is trained as a materials engineer. Question 120 is a soils and foundation problem outside her concentrated area of study. It is an open book examination question. Petitioner selected the correct equation from the applicable manual, but acknowledged that she solved the variables of that equation incorrectly. The National Council of Examiners for Engineering and Surveying (NCEES) produced, distributed, and was responsible for grading the examinations. Petitioner contended that the examiner who graded her answer sheet applied different criteria than the examination criteria published by the NCEES. Petitioner further contended that since one criterion her grader actually used was merely to "write the correct equation," she should be awarded at least one point on that basis. However, a comparison of the actual grader's handwritten "summary" on Petitioner's Solution Pamphlet (Respondent's Exhibit 3) and the NCEES's Solutions and Scoring Plan (Respondent's Exhibit 2) does not bear out Petitioner's theory. It is clear that out of five possible parts of the question, which five parts total two points' credit each, merely selecting the correct equation from an open text would not amount to two points, or even one point, credit. I accept as more competent, credible and persuasive the testimony of Eugene N. Beauchamps, the current Chairman of the NCEES Examination Policy Committee and a Florida licensed Professional Engineer, that the grader's "summary" describes what he actually reviewed in Petitioner's written solution to Question 120 rather than establishing one or more different grading criteria. In order to receive a score of two on Question 120, the candidate was required to demonstrate any one of five requirements listed in the NCEES Solution and Scoring Plan for "2-Rudimentary Knowledge." The first requirement in the NCEES Solution and Scoring Plan (Respondent's Exhibit 2) for receiving a score of two points is, "Determines effective overburden stress at mid- depth of clay layer." The remaining four NCEES scoring criteria required that the examinee: Computes the change in effective stress at mid- depth of the clay layer due to placement of the fill. Computes the primary consolidation settlement, based on a change in effective stress, due to the fill surcharge. Evaluates the Average Degree of Consolidation and the Time Factor. Determines the waiting period after fill placement recognizing the existence of double-drained conditions. In order to gain two more points (total 4 points) so as to demonstrate "More Than Rudimentary Knowledge But Insufficient to Demonstrate Minimum Competence," Petitioner would have to have met two of the five bulleted criteria. For two more points (total 6 points) for "Minimum Competence," Petitioner would have had to score three bullets. For two more points (total 8 points) for "More than Minimum But Less Than Exceptional Competence," Petitioner would have had to score four bullets. Finally, to attain "Exceptional Competence" for 10 total points, Petitioner would have had to score all five bullets. In the first correct equation for answering Question 120, "p sub zero" (p naught) equals the present effective overburden pressure, which represents what clay was present before anything was put on top of the clay layer. "P" equals the total pressure acting at mid-height of the consolidating clay layer or the pressure of the dirt and the water in the dirt. "H" equals the thickness of the consolidating clay layer. Petitioner's solution for the first bullet, "determining the effective overburden stress at mid-depth of clay layer," indicated p sub zero (p naught) as the "present effective overburden pressure," but it incorrectly calculated p sub zero equaling 125 pounds multiplied by 13 feet. This is incorrect because the effective overburden pressure would not include 13 feet of fill. The 13 feet of fill is not part of p sub zero, the present effective overburden pressure. Petitioner's solution for the first bullet, also multiplied water, represented by 62.4, by 12, which is incorrect. She should have used a multiplier of 10 to receive credit for this problem. The grader indicated the correct equation was used incorrectly by Petitioner because of the two foregoing incorrect calculations. The equation, as Petitioner stated it, was correct and her multiplication was correct. Her solution identified P sub zero as present effective overburden pressure but present effective overburden pressure would not include the fill. Petitioner had the correct equation for the present effective overburden pressure and her mathematics were correct. However, she did not use the consolidation equation correctly, not obtaining the correct percentage of primary consolidation. As stated, the problem did not consider the fill as part of the present effective overburden pressure. Her solution also contained the correctly written time rate of settlement equation but failed to use it, and no waiting period was determined. The practical result of Petitioner's error could range from a cracked building to a collapsed building, depending upon the degree of error to site and materials.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department of Business and Professional Regulation enter a Final Order denying Petitioner's challenge and affirming her score as one point below passing. RECOMMENDED this 3rd day of March, 1998, in Tallahassee, Leon County, Florida. ELLA JANE P. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of March, 1998. COPIES FURNISHED: Susan E. Wilson 3581 Jose Terrace Jacksonville, Florida 32217 R. Beth Atchison Assistant General Counsel Department of Business and Profession Regulation 1940 North Monroe Street Tallahassee, Florida 32399 Angel Gonzalez, Executive Director Department of Business and Profession Regulation 1940 North Monroe Street Tallahassee, Florida 32399 Lynda L. Goodgame General Counsel Department of Business and Profession Regulation 1940 North Monroe Street Tallahassee, Florida 32399
The Issue The issue is whether Rules 21H-21.002(1) and 21H-21.004(1) are an invalid exercise of delegated legislative authority.
Findings Of Fact Ronnie F. Taylor, of Post Office Box 697, Cedar Key, Florida, is employed by the engineering firm of Ingley, Campbell, Moses and Associates of Gainesville, Florida, which engages in mechanical, electrical and plumbing engineering. Taylor has been with this engineering firm for four years and is currently a vice president in charge of production of electrical engineering documents. Prior to this employment, Taylor spent 14 years as an electrical engineer with the engineering firm of Reynolds, Smith and Hill of Jacksonville, Florida. When Taylor left Reynolds, Smith and Hill, he was the senior design engineer. Taylor served in the military as an electrician. Upon completing military service in 1967, Taylor entered Florida Junior College. He received an Associate of Science degree in Electrical Engineering Technology in 1970 from that institution. Following that degree, Taylor began employment with Reynolds, Smith and Hill, where his responsibilities included the design of electrical projects for commercial buildings, including writing specifications, making cost estimates and producing a finished product. Taylor has spent his entire career in electrical engineering and has no experience with other specialties of engineering. He has extensive experience in electrical engineering having designed and completed numerous large commercial projects. However, because Taylor is not a licensed professional engineer, a licensed professional engineer must oversee all projects during the course of design and completion and must sign and seal all completed work. Taylor is not a licensed professional engineer because he has failed to pass the Fundamentals of Engineering (FE) portion of the engineering examination. He has failed in fourteen attempts to pass the FE exam. Taylor did pass the Principles and Practices (P & P) portion of the exam in 1982. Licensure requirements specify that both sections must be passed prior to licensure. Taylor became qualified to take the engineering exam in 1977 pursuant to Section 471.21(1)(c), Florida Statutes (1977), which permitted an applicant to take the exam with "a specific record of 10 years or more of active practice in engineering work of a character indicating that the applicant is competent to be placed in responsible charge of such work." This so-called 10 year cycle permitted an applicant to qualify for the exam without the otherwise required 4- year college degree and 4 additional years of experience. In 1979, Section 471.013, Florida Statutes, was enacted, allowing persons in the final year of engineering school to take the FE exam to qualify as an engineer intern. This provision has been in effect since 1979. The FE exam, as required by Rule 21H-21.002(1), which is challenged here, includes questions on the subjects of mathematics, mathematical modeling of engineering systems, nucleonics and wave phenomena, chemistry, statistics, dynamics, mechanics of materials, fluid mechanics, thermodynamics/heat transfer, computer programming, electrical circuits, statics, structure of matter, engineering mechanics, electronics and electrical machinery. While Taylor scored highly on the subjects relating to electrical engineering, he had difficulty with other areas of the exam. The course work completed by Taylor in 1970 did not include some of these areas with which Taylor had difficulty. Taylor has had no course work in computer programming, thermodynamics, statistics, nucleonics and wave phenomena. The subjects tested in the FE exam are updated in order to test applicants on the most current information and knowledge of engineering fundamentals. Herbert A. Ingley is a licensed professional engineer and holds a Bachelors degree in Chemical Engineering, a Masters degree in Mechanical Engineering, and a Ph.D. in Mechanical Engineering with a minor in Environmental-Mathematics. He taught full time on the faculty of the University of Florida in Mechanical Engineering for 11 years. In his opinion, it is more difficult for applicants to pass the FE exam the further they are from their formal education and, therefore, applicants in the 10 year cycle have more difficulty passing the exam. According to Ingley, the requirement that persons such as Taylor wait 10 years before taking the FE exam is not logical. However, Ingley also opined that it is important for a professional engineer to have a fundamental knowledge of engineering and that there is a need to test the fundamental basics of engineering for each person who is going to become a licensed professional engineer. George Edward Rabb is a licensed professional engineer, having been licensed in 1965. He was grandfathered and therefore only had to pass the P & P exam. The FE exam was waived based on specific portions of statute and rule which waived the FE exam for persons with fifteen years experience. The waiver was only available to persons qualifying prior to November, 1970. According to Rabb, an engineer needs to have a working knowledge of fundamentals and to understand the general concepts of engineering. Robert D. Kersten, who has been the Dean of the Department of Engineering at the University of Florida for 20 years, has a Bachelors degree in Mathematics and Chemistry, a Masters degree in Civil Engineering, and a Ph.D. in Civil Engineering, Water Resource/Hydrologic Engineering. Dean Kersten has served in numerous capacities with both state and national professional associations involved in accreditation of engineers and served on the Board of Professional Engineers in Florida and on the National Council of Engineering Examiners. The FE exam is prepared by the National Council of Engineering Examiners and is designed to cover the fundamental areas essential to the basic practice of engineering. The FE exam tests both the common body of knowledge that is essential to practice in the profession and the ability to apply that knowledge. According to Dean Kersten the FE exam tests items which should be within an engineer's basic knowledge and which are necessary to communication between engineers in a design team approach to project design. Dean Kersten acknowledges that the FE exam is more difficult for applicants who lack a degree or who have been out of the academic area for a period of time, but opines that those factors do not excuse an applicant from mastering and retaining the basic fundamentals important to the practice. In fact, the FE exam is designed so that 70 percent of the applicants with-the 4- year college educational background pass the exam. Only 40 percent of the applicants in the 10 year cycle pass the exam.
The Issue The issue in this case is whether the Petitioner's academic record meets the academic requirements that are prerequisites to taking the Fundamentals of Engineering examination.
Findings Of Fact The Petitioner submitted an application for approval to take the Fundamentals of Engineering examination. The Petitioner studied engineering at the Tongji University in the People's Republic of China from 1991 to 1995. He majored in Building Engineering and was awarded the degree of Bachelor of Engineering on July 10, 1995. Beginning in September of 1995, the Petitioner studied engineering at the graduate level at Tongji University. His graduate studies lasted until April of 1998, at which time he was awarded the degree of Master of Engineering with a major in Structural Engineering. During the course of his graduate studies at Tongji University from September of 1995 until April of 1998, the Petitioner completed a total of 38 semester credit hours. Those semester credit hours included the following courses with their indicated semester credit hours: Applied Statistics 2 credit hours Numerical Analysis 3 credit hours The courses titled Applied Statistics and Numerical Analysis are both higher mathematics courses. In the fall of 2000, the Petitioner began further graduate studies in engineering at Auburn University. He studied at Auburn University through the spring of 2002. The courses taken by the Petitioner at Auburn University included the following, with the indicated number of semester credit hours: Advanced Structural Analysis 3 credit hours Advanced Stress Analysis 3 credit hours Structural Dynamics I 3 credit hours Finite Element Methods in Structural Mechanics 3 credit hours The course titled Finite Element Methods in Structural Mechanics is a higher mathematics class. The other three Auburn courses listed immediately above, if not pure mathematics courses, are certainly courses which involve the application of advanced principles of mathematics. To successfully complete such courses, a person would have to be well-grounded in higher mathematics. In the fall of 2002, the Petitioner transferred to the University of Florida where he continued his graduate studies in engineering. On December 20, 2003, the University of Florida awarded the Petitioner the degree of Master of Engineering with a major in Civil Engineering. Pursuant to Florida Administrative Code Rule 61G15- 20.007 the Petitioner submitted his educational credentials to an educational evaluator approved by the Board. The evaluator selected by the Petitioner was Josef Silny & Associates, Inc. (Silny). Following its evaluation of the Petitioner's educational credentials, Silny prepared a Report of Evaluation of Educational Credentials (Silny Report) dated June 15, 2005. The Silny Report reached the conclusion that the Petitioner's undergraduate education at Tongji University was not the equivalent of a degree in engineering earned from a program approved by ABET. Silny was of the view that the Petitioner's undergraduate course of study at Tongji University was not equivalent because his curriculum was deficient five semester credit hours in higher mathematics and basic sciences and was deficient one semester credit hour in humanities and social sciences.1 The conclusions reached in the Silny Report were based on an evaluation of the Petitioner's undergraduate course work at Tongji University from 1991 to 1995. The Silny Report did not take into consideration any of the courses taken by the Petitioner during his graduate studies at Tongji University from 1995 to 1998, during his graduate studies at Auburn University from 2000 to 2002, or during his graduate studies at the University of Florida from 2002 to 2003. During his undergraduate engineering studies at Tongji University, the Petitioner completed 36 semester hour credits of course work in the areas of higher mathematics and basic sciences. Silny is of the opinion that semester credit hours completed at Tongji University represent less study than semester credit hours completed at an accredited engineering school in a university in the United States of America. Specifically, Silny is of the opinion that semester credit hours completed at Tongji University are the equivalent of only 75 percent of semester credit hours earned in accredited engineering programs in the United States of America. Accordingly, when Silny evaluated the Petitioner's undergraduate education credentials, Silny multiplied the 36 semester credit hours the Petitioner had completed at Tongji University in the areas of higher mathematics and basic sciences by a factor of 0.75, and concluded that those 36 semester credit hours were equivalent to only 27 semester credit hours at an accredited engineering program in the United States of America.2 Florida Administrative Code Rule 61G15-20.007 includes the following requirements regarding applicants with degrees from foreign institutions: Applicants having degrees from foreign institutions shall be required to document “substantial equivalency” to the 2002 ABET Accreditation Yearbook for Accreditation Cycle Ended September 30, 2002 engineering criteria. This document is hereby incorporated by reference. In order to document “substantial equivalency” to an ABET accredited engineering program, the applicant must demonstrate: 32 college credit hours of higher mathematics and basic sciences. The hours of mathematics must be beyond algebra and trigonometry and must emphasize mathematical concepts and principles rather than computation. Courses in probability and statistics, differential calculus, integral calculus, and differential equations are required. Additional courses may include linear algebra, numerical analysis, and advanced calculus. As for the hours in basic sciences, courses in general chemistry and calculus-based general physics are required, with at least a two semester (or equivalent) sequence of study in either area. Additional basic sciences courses may include life sciences (biology), earth sciences (geology), and advanced chemistry or physics. Computer skills and/or programming courses cannot be used to satisfy mathematics or basic science requirements. 16 college credit hours in humanities and social sciences. Examples of traditional courses in this area are philosophy, religion, history, literature, fine arts, sociology, psychology, political science, anthropology, economics, and no more than 6 credit hours of languages other than English or other than the applicant’s native language. Courses in technology and human affairs, history of technology, professional ethics and social responsibility are also acceptable. Courses such as accounting, industrial management, finance, personnel administration, engineering economics and military training are not acceptable. Courses which instill cultural values are acceptable, while routine exercises of personal craft are not. 48 college credit hours of engineering science and engineering design. Courses in this area have their roots in mathematics and basic sciences but carry knowledge further toward creative application. Examples of traditional engineering science courses are mechanics, thermodynamics, electrical and electronic circuits, materials science, transport phenomena, and computer science (other than computer programming skills). Courses in engineering design stress the establishment of objectives and criteria, synthesis, analysis, construction, testing, and evaluation. In order to promote breadth, at least one engineering course outside the major disciplinary area is required. In addition, evidence of attainment of appropriate laboratory experience, competency in English, and understanding of the ethical, social, economic and safety considerations of engineering practice must be presented. As for competency in English, transcripts of course work completed, course content syllabi, testimonials from employers, college level advanced placement tests, Test of English as a Foreign Language (TOEFL) scores of at least 550 in the paper- based version, or 213 in the computer-based version, will be accepted as satisfactory evidence.
Recommendation On the basis of the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued concluding that the Petitioner has met the requirements of Florida Administrative Code Rule 61G15-20.007, and is eligible to take the Fundamentals of Engineering examination. DONE AND ENTERED this 29th day of March, 2006, in Tallahassee, Leon County, Florida. S MICHAEL M. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 29th day of March, 2006.
Findings Of Fact L.B. Thanki received a degree in Civil Engineering at the University of Durham at Kings College, Newcastle Upon Tyne in the United Kingdom in 1956. Petitioner received a batchelor of law degree from Sardar Patel University (India) in 1967. This degree is the equivalent of two years study in law. The degree obtained from the University of Durham is not the equivalent of the degree received from an ABET approved university in the United States because it lacks 16 credit hours in Humanities and Social Sciences. Petitioner presented no evidence that his degree from the University of Durham or the curriculum he completed at any other university included the missing 16 hours in Humanities and Social Sciences. Petitioner presented a certificate (which was not offered into evidence) that he had completed a course in computer services meeting the board's evidentiary requirements of computer skills.
Recommendation Based on foregoing Findings of Fact and Conclusions of Law, it is recommended that a Final Order be entered denying Petitioner's application for licensure by examination as an engineering intern. RECOMMENDED this 10th day of May, 1991, in Tallahassee, Leon County, Florida. N. AYERS 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 10th day of May, 1991. COPIES FURNISHED: B. Thanki 1106 East Hillsborough Avenue Tampa, Florida 33604 Edwin A. Bayo, Esquire Assistant Attorney General Department of Legal Affairs The Capitol, Suite LL04 Tallahassee, Florida 32399-1050 Carrie Flynn, Acting Executive Director Florida Board of Professional Engineers Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0755 Jack L. McRay, General Counsel Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Petitioner is entitled to credit for his answers to questions 42 and 81 of the morning session of the Fundamentals of Engineering Examination portion of the engineering licensure examination given on April 15, 2000.
Findings Of Fact Worku took the Fundamentals of Engineering Examination portion of the examination for licensure to practice as an engineer intern on April 15, 2000. The examination is a national multiple-choice examination developed and administered by the National Council of Examiners for Engineers and Surveyors (NCEES). The examination is divided into a morning session and an afternoon session. The questions in the morning session are worth one raw point each. The questions in the afternoon session are worth two raw points each. Worku challenged questions 42 and 81, which were on the morning session of the examination. Worku received 56 raw points for the morning session and 52 raw points for the afternoon session for a total raw score of 108 on the examination. Based on the NCEES' Score Conversion Table, a raw score of 108 converts to a score of 69. A converted score of 70, which equates to a raw score of 109-113, is a passing score. Question 81 asked the examinee to identify the geometric shape that was given by an equation provided in the question. Each examinee was given a reference manual during the examination. The manual contains general formulas for the types of geometric shapes listed as possible answers to question 81. The equation given in question 81 was for a specific shape and was not listed among the general formulas in the reference manual. Worku felt that because the general equation was not used that the equation was stated incorrectly. However, the equation was stated correctly. The equation differed from the equation listed in the reference manual because it was for a special shape of the geometric figure. Worku did not answer question 81 correctly. Question 42 dealt with recrystallization as it relates to metal. The question asks the examinee to pick the answer which explains the reference to the term "recrystallization" in the question. Worku contends that there are two correct answers to question 42 and that the answer which he provided is one of the correct answers. The answer which Worku provided is not a correct answer. It refers to the process of annealing, which is the process of decreasing the toughness of a metal. Recrystallization can be a part, but is not always part of annealing. Recrystallization and annealing are not synonymous terms; thus Worku is not entitled to credit for question 42.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding that Amanuel Worku failed the Engineering Fundamentals Examination with a score of 69. DONE AND ENTERED this 5th day of January, 2001, in Tallahassee, Leon County, Florida. ___________________________________ Susan B. Kirkland Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of January, 2001. COPIES FURNISHED: Amanuel Worku 18492 Northwest 52nd Path Miami, Florida 33055 Douglas Sunshine, Esquire Florida Engineers Management Corporation 1208 Hays Street Tallahassee, Florida 32301 Natalie A. Lowe, Executive Director Board of Professional Engineers 1208 Hays Street Tallahassee, Florida 32301 Barbara D. Auger, General counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Petitioner should be afforded a passing grade on the contract administration part of the building contractor's examination administered to him on September 8, 1994 and November 3, 1994.
Findings Of Fact Respondent is the state agency responsible for testing and licensing of individuals who seek licensure as building contractors in the State of Florida. Petitioner is an applicant for licensure, having taken the building contractor's examination on September 8, 1994 and November 3, 1994. The minimum score required to pass the examination is 70. Petitioner received a score of 67 on the September 8, 1994 examination. He received a score of 63 on the November examination. Examination materials were clearly and unambiguously presented on each occasion that Petitioner took the examination. Further, Respondent provided information regarding protest procedures to Petitioner, sufficient to permit him to protest what he has alleged to be poor graphic quality of examination blue prints. The challenged examinations contained sufficient and correct information for a candidate to select correct responses. Correct responses to the exam questions are supported by approved reference materials. Correct responses did not require knowledge beyond the scope of knowledge that could be reasonably expected from a candidate for licensure. The examinations challenged by Petitioner were reliable and valid. The challenged exams are not arbitrary, capricious or devoid of logic. There exists no evidentiary basis to award Petitioner additional credit for his examination responses.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that a Final Order be entered denying the relief requested by Petitioner. DONE and ENTERED in Tallahassee, Florida, this 24th day of May, 1995. DON W. DAVIS, 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 May, 1995. APPENDIX In accordance with provisions of Section 120.59, Florida Statutes, the following rulings are made on the proposed findings of fact submitted on behalf of the parties. Petitioner's Proposed Findings 1.-8. Rejected, Petitioner's proposed findings obviously reflect his heart felt concern that he has not been treated fairly in the testing process. Unfortunately, the weight of the evidence supports a finding that the scores received by him in this instance were not improperly awarded. Respondent's Proposed Findings 1.-3. Rejected, unnecessary to result. 4.-11. Accepted. COPIES FURNISHED: Bernard F. Aebly 1251 Ida St. Jacksonville, FL 32208-3572 William M. Woodyard, Esq. D B P R 1940 N. Monroe St. Tallahassee, FL 32399-0750 Richard Hickok Executive Director D B P R 7960 Arlington Expwy., Ste. 300 Jacksonville, FL 32211-7467 Jack McRay General Counsel D B P R 1940 N. Monroe St. Tallahassee, FL 32399-0792
