Medlin v. Florida State Bd. of Architecture

• Decision Date: 09 March 1979
• Docket Number: No. KK-187,KK-187
• Citation: Medlin v. Florida State Bd. of Architecture, 382 So.2d 708 (Fla. App. 1979)
• Parties: Lewis C. MEDLIN, Appellant, v. FLORIDA STATE BOARD OF ARCHITECTURE, Appellee.
• Court: Florida District Court of Appeals

Page 708

382 So.2d 708

Lewis C. MEDLIN, Appellant, v. FLORIDA STATE BOARD OF ARCHITECTURE, Appellee.

No. KK-187.

District Court of Appeal of Florida, First District.

March 9, 1979.

Frederick B. Tygart, Jacksonville, for appellant.

Selig I. Goldin and Robert P. Cates of Goldin & Cates, Gainesville, for appellee.

MILLS, Acting Chief Judge.

This is an appeal from final orders of the Florida State Board of Architecture (Board) suspending Medlin's Certificate of Registration as an architect for 12 months for violating Section 467.14(1)(c), Florida Statutes (1977), which provides that a Certificate of Registration may be suspended for:

"Affixing or permitting to be affixed his seal or his name to any plan, specification, drawing, or other related document which was not prepared by him or under his responsible supervising control."

The Board filed two complaints against Medlin which were consolidated for hearing. Recommended orders were issued, and in each the hearing officer recommended that the complaints be dismissed. In its final orders, the Board accepted the hearing officer's findings of fact, but rejected his conclusions of law and recommendations.

The Taco Bell Plans.

While practicing as an architect in Florida, Medlin was employed by Taco Bell to assist it in gaining the approval of the Division of Hotels and Restaurants of plans for a Taco Bell restaurant to be built at Orange Park, Florida. Taco Bell also had to acquire the approval of the local building officials at Orange Park.

The Board's Exhibit 1 is a set of plans which was drawn by Cheryl Crandall, a project designer for Taco Bell. These plans had been examined and upgraded by Carl W. Carlson, an architect licensed in Florida, who was employed by Taco Bell for this purpose. These plans were subsequently modified by Crandall. Carlson gave Taco Bell permission to use his work product and any modifications which might come out of the basic set of plans. He also expected Taco Bell to hire local architects who would use the plans to the extent necessary to achieve the ends of Taco Bell.

In early March of 1977, Medlin took the basic plans, blue line prints, which were submitted to him by Crandall, and made certain red line changes on the face of the prints, the Board's Exhibit 2. After making the red line changes and completely reviewing the plans for needed modifications, Medlin affixed his name and seal as architect. These plans were submitted to the Division for its approval and plans were approved.

There was no attempt by Medlin to conceal the fact that Crandall originally drafted the plans or that Carlson upgraded the plans as both their names appear on the plans. Red line plans are often submitted to the Division and they are acceptable to the Division if they meet the tests of adequacy as determined by the Division's architect.

The Board charged Medlin with affixing his name and seal as an architect to plans for the Taco Bell restaurant, Exhibit 2, when those plans were not prepared by him or under his responsible supervising control.

The Jacksonville Beach Apartment Plans.

William Stanley Smith, the President of Universal Environmental Control, Inc., hired Donald Peck, a licensed Florida architect, to draw certain plans for a group of apartment buildings that were being constructed by Universal. The Board's Exhibit 1 is a blueprint of the original plans. These plans were used 5 or 6 times in constructing apartments in the Jacksonville Beach area. The plans had been approved by the Division of Hotels and Restaurants and the Jacksonville Beach municipal officials.

Peck moved his base of operation from Jacksonville Beach, notified Smith of his move, and released the original tracings, which were the basis of Exhibit 1, to Smith. Smith was allowed to use these plans in whatever fashion he deemed appropriate.

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