The purpose of the amendment is to update the rule regarding the requirements for registered interior designers.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Architecture and Interior Design

RULE NO.:RULE TITLE:

61G1-12.001Grounds for Disciplinary Proceedings

PURPOSE AND EFFECT: The purpose of the amendment is to update the rule regarding the requirements for registered interior designers.

SUMMARY: The proposed amendment updates the rule text.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 481.2055 FS.

LAW IMPLEMENTED: 481.219, 481.225, 481.2251 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Stacey Buccieri, Executive Director, Board of Architecture and Interior Design, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, [phone] or by electronic mail – [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G1-12.001 Grounds for Disciplinary Proceedings.

(1) through (3) No change.

(4) An architect, registered interior designer, or qualified business organization may not be negligent in the practice of architecture. The term negligence is defined as the failure, by an architect or registered interior designer, to exercise due care to conform to acceptable standards of architectural or interior design practice in such a manner as to be detrimental to a client or to the public at large.

(a) through (b) No change.

(5) An architect or registered interior designer shall not be incompetent to practice architecture. Incompetence in the practice of architecture shall mean the physical or mental incapacity or inability of an architect to practice architecture.

(6) An architect, registered interior designer, or qualified business organization shall not commit misconduct in the practice of architecture. Misconduct in the practice of architecture or interior design shall include but not be limited to:

(a) through (b) No change.

(c) Knowingly becoming involved in a conflict of interest as to an employer or client without the permission of the client or employer. In the event such conflict is suspected or determined to exist an architect or registered interior designer immediately shall:

1. No change.

2. Assure in writing that such conflict will in no manner influence the architect’s or registered interior designer’s judgment or the quality of his services to his employer or client; and

3. Promptly inform his client or employer in writing of any business association, interest or circumstances which may be influencing his judgment or the quality of his services to his client or employer;

(d) No Change.

(e) Soliciting or accepting gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with the architect’s client or employer in connection with work for which the architect or registered interior designer is responsible without the knowledge of the architect’s or registered interior designer’s employer or client;

(f) Violation of any law of the State of Florida directly regulating the practice of architecture or registered interior designer;

(g) Use of architectural or registered interior designer expertise or status as an architect or registered interior designer in the commission of a felony;

(h) No Change.

(i) Undertaking any activity, having any undisclosed significant financial or other interests, or accepting any contribution that either compromises professional judgment or prevents any architect or registered interior designer from serving in the best interest of his client or employer;

(j) through (k) No change.

Rulemaking Authority 481.2055 FS. Law Implemented 481.219, 481.225, 481.2251 FS. History–New 12-23-79, Amended 12-19-82, Formerly 21B-12.01, Amended 9-23-86, 11-8-88, Formerly 21B-12.001, Amended 2-25-98, 4-1-01, 12-7-08, 11-9-20,______________________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Architecture and Interior Design

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Architecture and Interior Design

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 12, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 7, 2023