The purpose of the amendment is to update the rule penalty guidelines.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Architecture and Interior Design

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The purpose of the amendment is to update the rule penalty guidelines.

SUMMARY: Update 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: 455.2273 FS.

LAW IMPLEMENTED: 455.227(1), 455.2273 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 26, 2023, Board meeting, at 10:00 a.m.

PLACE: Hyatt Regency Grand Cypress Resort, One Grand Cypress Boulevard, Orlando, Florida 32836

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:

 

61G1-12.004 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:

VIOLATION

PENALTY RANGE

 

MINIMUM

MAXIMUM

(a) Through (n) No Change

 

 

(o) Misconduct.

(Sections 481.225(1)(g), F.S.)and 481.225(1)(i))

1. Paragraph 61G1-12.001(6)(d), F.A.C.

Soliciting or accepting gratuities without client knowledge.

 

 

First Offense

Reprimand and $1,000 fine (architects); $500 fine (interior designers).

One (1) year suspension, followed by two (2) years probation and $1,000 fine (architects); $500 fine and removal from the state registry (interior designers).

Second Offense

One (1) year suspension, followed by two (2) years probation and $1,000 fine (architects); $1,000 fine (interior designers).

Two (2) years suspension, followed by four (4) years probation and $3,000 fine (architects); $1,000 fine and removal from the state registry (interior designers).

Third Offense

Two (2) years  suspension followed by four (4) years probation and $3,000 fine (architects); $2,500 fine (interior designers).

Revocation and $3,000 fine (architects); $2,500 fine and removal from the state registry (interior designers).

2. Through 4. No Change.

 

 

(p) Through (bb) No Change.

 

 

(cc) Interior Designer rendering or offering to render architectural services (Section 481.2251(1)(h), F.S.)

 

 

First Offense

$500 fine.

$500 fine and removal from the state registry.

Second Offense

$1,000 fine.

$1,000 fine and removal from the state registry.

Third Offense

$2,500 fine.

$2,500 fine and removal from the state registry.

(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, 8-26-12, 2-9-23,_____________________.

 

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: July 3, 2023