The Board proposes the rule amendment to update the disciplinary guidelines to reflect changes in number of CPE hours required.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Architecture and Interior Design

RULE NO.: RULE TITLE:
61G1-12.004: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
PURPOSE AND EFFECT: The Board proposes the rule amendment to update the disciplinary guidelines to reflect changes in number of CPE hours required.
SUMMARY: The number of CPE hours required will be updated.
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: 455.2273 FS.
LAW IMPLEMENTED: 455.227(1), 455.2273 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony Spivey, Executive Director, Board of Architecture and Interior Design, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

THE FULL TEXT OF THE PROPOSED RULE IS:

61G1-12.004 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.

(1) No change.

(2) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules:

 

(a)

Failure to date plans (481.221(1)(a), F.S.

 

 

First Offense	Reprimand	$250 fine
Second Offense	$500 fine	Probation and $500 fine
Third Offense	Probation and $1,000 fine	Suspension and $5,000 fine

 

(b) through (t) No change.

 

(u)	Failure by interior designer to obtain
	continuing education
	Hours
	(481.215(3), F.S.)
	First Offense
	NUMBER OF HOURS LACKING	PENALTY
	1 to 4 hours	$250 fine, makeup missing hours plus
		5 additional in 90 days of final order
	5 to 9 hours	$500 fine, makeup missing hours plus
		10 additional in 120 days of final order
	10 to 14 hours	$750 fine, makeup missing hours plus
		15 additional in 150 days of final order
	15 to 19 hours	$1000 fine, makeup missing hours
		plus 20 additional in 180 days of final order
	20 hours	$1000 fine, makeup missing hours
		plus 20 additional, suspension until all
		hours are completed
	Second Offense
	NUMBER OF HOURS LACKING	PENALTY
	1 to 4 hours	$500 fine, makeup missing hours plus
		5 additional in 90 days of final order
	5 to 9 hours	$1000 fine, makeup missing hours plus
		10 additional in 120 days of final order
	10 to 14 hours	$2000 fine, makeup missing hours plus
		15 additional in 150 days of final order
	15 to 19 hours	$3000 fine, makeup missing hours
		plus 20 additional in 180 days of final order
	20 hours	$5000 fine, makeup missing hours
		plus 20 additional, suspension until all
		hours are completed
	Third Offense
	NUMBER OF HOURS LACKING	PENALTY
	5 to 9 hours	$2000 fine, makeup missing hours plus
		5 additional in 90 days of final order
	10 to 14 hours	$3000 fine, makeup missing hours plus
		10 additional in 120 days of final order
	15 to 19 hours	$5000 fine, makeup missing hours plus
		15 additional in 150 days of final order
	20 hours	$5000 fine, makeup missing hours
		plus 20 additional in 180 days of final order
		$5000 fine, makeup missing hours
		plus 20 additional, suspension until all
		hours are completed
(v)	Failure by architect to obtain continuing education hours
	(481.215(3), F.S.)
	First Offense
	NUMBER OF HOURS LACKING	PENALTY
	1 to 5 hours	$250 fine, makeup missing hours plus
		6 additional in 90 days of final order
	6 to 11 hours	$500 fine, makeup missing hours plus
		12 additional in 120 days of final order
	12 to 17 hours	$750 fine, makeup missing hours plus
		18 additional in 150 days of final order
	18 to 23 hours	$1000 fine, makeup missing hours
		plus 24 additional in 180 days of final order
	24 hours	$1000 fine, makeup missing hours
		plus 24 additional, suspension until all
		hours are completed
	Second Offense
	NUMBER OF HOURS LACKING	PENALTY
	1 to 5 hours	$500 fine, makeup missing hours plus
		6 additional in 90 days of final order
	6 to 11 hours	$1000 fine, makeup missing hours plus
		12 additional in 120 days of final order
	12 to 17 hours	$2000 fine, makeup missing hours plus
		18 additional in 150 days of final order
	18 to 23 hours	$3000 fine, makeup missing hours
		plus 24 additional in 180 days of final order
	24 hours	$5000 fine, makeup missing hours
		plus 24 additional, suspension until all
		hours are completed
	Third Offense
	NUMBER OF HOURS LACKING	PENALTY
	6 to 11 hours	$2000 fine, makeup missing hours plus
		6 additional in 90 days of final order
	12 to 17 hours	$3000 fine, makeup missing hours plus
		12 additional in 120 days of final order
	18 to 23 hours	$5000 fine, makeup missing hours plus
		18 additional in 150 days of final order
	24 hours	$5000 fine, makeup missing hours
		plus 24 additional in 180 days of final order $5000 fine, makeup missing hours
		plus 24 additional, suspension until all
		hours are completed

 

(v) through (bb) renumbered (w) through (cc) No change.

(3) No change.

Rulemaking Authority 455.2273 FS. Law Implemented 455.227(1), 455.2273 FS. History–New 12-11-86, Formerly 21B-12.004, Amended 5-16-94, 10-20-96, 10-7-99, 6-8-00, 9-10-03, 12-12-04, 7-22-10, .

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 2, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 24, 2012