The Board proposes the amendment of the rule to update language regarding disciplinary guidelines, range of penalties, and aggravating and mitigating circumstances.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Landscape Architecture

RULE NO.:RULE TITLE:

61G10-14.003Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

PURPOSE AND EFFECT: The Board proposes the amendment of the rule to update language regarding disciplinary guidelines, range of penalties, and aggravating and mitigating circumstances.

SUMMARY: Language regarding disciplinary guidelines, range of penalties, and aggravating and mitigating circumstances 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: 481.306, 481.325, 455.2273 FS.

LAW IMPLEMENTED: 481.323, 481.325, 455.2273 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: Ruthanne Christie, Executive Director, Board of Landscape Architecture, 2601 Blair Stone Road, Tallahassee, FL 32399-0751; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 61G10-14.003, F.A.C. follows: See Florida Administrative Code for present text:

61G10-14.003 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.

(1) This rule lists the range of penalties to be imposed on licensees who violate the provisions of Chapters 455 and 481, Part II, Florida Statutes, and associated rules.  The violation is identified by the statutory or rule citation and, in most cases, a summary of the statute or rule.  The actual statute or rule shall be consulted for the full text and range of prohibited conduct.  The Board shall impose one or more penalties from among the penalty range provided for each first violation or subsequent violation, whichever applies.  

(2) When warranted by the nature of the violation, any number of the following conditions are available to be imposed as part of probation:

(a)Continuing education;

(b)Submission of design plans for review by a landscape architect;

(c)Review of design plans predating the violation;

(d)Working under the supervision of a landscape architect;

(e)Limitation on the types of projects that can be undertaken;

(f)One or more appearances before the Board;

(g)Limitations on advertising;

(3)  The licensee is responsible for all costs associated with compliance with the terms of probation.  Unless stated otherwise in the disciplinary order, any costs of compliance with disciplinary penalties imposed shall be paid within thirty (30) days of the effective date of the Order or of invoice, whichever is later.

(4) Penalties

 

VIOLATION		PENALTY RANGE
		MINIMUM – Includes one or any combination of the listed penalties.	MAXIMUM – Includes one or any combination of the listed penalties.
(a) Fraud in or related to the practice of the licensee’s profession. 455.227(1)(a), F.S.
First Offense		Corrective action, probation up to 15 months, suspension up to 3 months, fine up to $3,000	Corrective action, probation up to 36 months, suspension up to 24 months, revocation, fine up to $5,000
Subsequent Offenses		Corrective action, probation up to 18 months, suspension up to 6 months, fine up to $3,500	Corrective action, probation up to 39 months, suspension up to 27 months, revocation fine up to $5,000
(b) Fraud, negligence, incompetency, or misconduct, in the practice of landscape architecture. 481.325(1)(g), F.S.
First Offense		Corrective action, probation up to 15 months, suspension up to 3 months, fine up to $1,000	Corrective action, probation up to 36 months, suspension up to 24 months, fine up to $1,000
Subsequent offenses		Corrective action, probation up to 18 months, suspension up to 6 months, fine up to $1,000	Corrective action, probation up to 39 months, suspension up to 27 months, fine up to $1,000
(c) Fraud or use of trick or scheme in or related to the practice of a profession. 455.227(1)(m), F.S.
First Offense		Corrective action, probation up to 15 months, suspension up to 3 months, fine up to $3,000	Corrective action, probation up to 36 months, suspension up to 24 months, revocation, fine up to $5,000
Subsequent offenses		Corrective action, probation up to 18 months, suspension up to 6 months, fine up to $3,500	Corrective action, probation up to 39 months, suspension up to 27 months, revocation, fine up to $3,500
(d) Intentionally violating any rule of the board or the department. 455.227(1)(b), F.S.
First offense		Reprimand, corrective action, probation up to 3 months, fine up to $500	Corrective action, probation up to 36 months, suspension up to 24 months, revocation, fine up to $5,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $1,000	Corrective action, probation up to 39 months, suspension up to 27 months, revocation, fine up to $5,000
(e) Violating any rule adopted pursuant Ch. 481, Pt. II, or Ch. 455. 481.325(1)(h), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months	Corrective action, probation up to 36, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $500	Corrective action, probation up to 39, suspension up to 27 months, revocation, fine up to $1,000
(f) Violating any provision of Ch. 455, F.S., the applicable professional practice act, a rule of the department or the board, or a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department 455.227(1)(q), F.S.
First offense		Reprimand, corrective action, probation up to 3 months, fine up to $500	Corrective action, probation up to 36 months, suspension up to 24 months, revocation, fine up to $5,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $1,000	Corrective action, probation up to 39 months, suspension up to 27 months, revocation, fine up to $5,000
(g) Violating any provision of 455.227(1), s. 481.321, or s. 481.323, F.S. 481.325(1)(a), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months	Corrective action, probation up to 36, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $500	Corrective action, probation up to 39, suspension up to 27 months, revocation, fine up to $1,000
(h) Failing to perform any statutory or legal obligation placed upon a licensee. 455.227(1)(k), F.S.
First offense		Reprimand, corrective action, probation up to 3 months, fine up to $500	Corrective action, probation up to 36 months, suspension up to 24 months, revocation, fine up to $5,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $1,000	Corrective action, probation up to 39 months, suspension up to 27 months, revocation, fine up to $5,000
(i) Failing to perform any statutory or legal obligation placed upon a licensed landscape architect. 481.325(1)(k), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months	Corrective action, probation up to 36, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $500	Corrective action, probation up to 39, suspension up to 27 months, revocation, fine up to $1,000
(j) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession. 455.227(1)(c), F.S.
First offense		Reprimand, corrective action, probation up to 3 months, fine up to $500	Corrective action, probation up to 36 months, suspension up to 24 months, revocation, fine up to $5,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $1,000	Corrective action, probation up to 39 months, suspension up to 27 months, revocation, fine up to $5,000
(k) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of landscape architecture or the ability to practice landscape architecture. 481.325(1)(d), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months	Corrective action, probation up to 36, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $500	Corrective action, probation up to 39, suspension up to 27 months, revocation, fine up to $1,000
(l) Having a license or the authority to practice the regulated profession acted against, including the denial of licensure, by the licensing authority of any jurisdiction, for a violation that would constitute a violation under Florida law. 455.227(1)(f), F.S.
First offense		Reprimand, corrective action, probation up to 3 months, fine up to $500	Corrective action, probation up to 36 months, suspension up to 24 months, revocation, fine up to $5,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $1,000	Corrective action, probation up to 39 months, suspension up to 27 months, revocation, fine up to $5,000
(m) Having a license to practice landscape architecture revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. 481.325(1)(c), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months	Corrective action, probation up to 36, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $500	Corrective action, probation up to 39, suspension up to 27 months, revocation, fine up to $1,000
(n) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee. 455.227(1)(g), F.S.
First Offense		Reprimand, corrective action, probation up to 9 months, fine up to $1,500	Corrective action, probation up to 27 months, suspension up to 15 months, revocation, fine up to $5,000
Subsequent Offenses		Reprimand, corrective action, probation up to 12 months, fine up to $2,000	Corrective action, probation up to 39 months, suspension up to 27 months, revocation, fine up to $5,000
(o) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so. Such reports or records shall include only those that are signed in the capacity of a licensee. 455.227(1)(l), F.S.
First Offense		Reprimand, corrective action, probation up to 9 months, fine up to $1,500	Corrective action, probation up to 27 months, suspension up to 15 months, revocation, fine up to $5,000
Subsequent Offenses		Reprimand, corrective action, probation up to 12 months, fine up to $2,000	Corrective action, probation up to 39 months, suspension up to 27 months, revocation, fine up to $5,000
(p) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records include only those that are signed in the capacity of a registered landscape architect. 481.325(1)(e), F.S.
First Offense	Reprimand, corrective action, probation up to 9 months, fine up to $750		Corrective action, probation up to 27 months, suspension up to 15 months, revocation, fine up to $1,000
Subsequent Offenses	Reprimand, corrective action, probation up to 12 months, fine up to $750		Corrective action, probation up to 30 months, suspension up to 18 months, revocation, fine up to $1,000
(q) Give false or forged evidence to the board or a member thereof. 481.323(1)(d), F.S.
First Offense	Reprimand, corrective action, probation up to 9 months, fine up to $750		Corrective action, probation up to 27 months, suspension up to 15 months, revocation, fine up to $1,000
Subsequent Offenses	Reprimand, corrective action, probation up to 12 months, fine up to $750		Corrective action, probation up to 30 months, suspension up to 18 months, revocation, fine up to $1,000
(r) Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, fraud, or through an error of the department or the board. 455.227(1)(h), F.S.
First Offense		Corrective action, probation up to 15 months, suspension up to 3 months, fine up to $3,000	Corrective action, probation up to 36 months, suspension up to 24 months, fine up to $5,000
Subsequent offenses		Corrective action, probation up to 18 months, suspension up to 6 months, fine up to $3,500	Corrective action, probation up to 39 months, suspension up to 27 months, fine up to $3,500
(s) Attempting to procure a license to practice landscape architecture by bribery or fraud. 481.325(1)(b), F.S.
First Offense		Corrective action, probation up to 15 months, suspension up to 3 months, fine up to $1,000	Corrective action, probation up to 36 months, suspension up to 24 months, fine up to $1,000
Subsequent offenses		Corrective action, probation up to 18 months, suspension up to 6 months, fine up to $1,000	Corrective action, probation up to 39 months, suspension up to 27 months, fine up to $1,000
(t) Failing to report any person who the licensee knows is in violation of this chapter, the Chapter 481, Pt. II,  or the rules of the department or the board. 455.227(1)(i), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months, fine up to $500	Corrective action, probation up to 18 months, suspension up to 6 months, fine up to $3,500
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $1,000	Corrective action, probation up to 21 months, suspension up to 9 months, fine up to $4,000
(u) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, Chapter 481, Pt. II, or the rules of the department or the board. 455.227(1)(j), F.S.
First offense		Reprimand, corrective action, probation up to 3 months, fine up to $500	Corrective action, probation up to 36 months, suspension up to 24 months, revocation, fine up to $5,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $1,000	Corrective action, probation up to 39 months, suspension up to 27 months, revocation, fine up to $5,000
(v) Aiding, assisting, procuring, or advising any unlicensed person to practice landscape architecture contrary to Chapter 481, Pt. II, or to any rule of the department or of the board. 481.325(1)(j), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months	Corrective action, probation up to 36, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $500	Corrective action, probation up to 39, suspension up to 27 months, revocation, fine up to $1,000
(w) Employ unlicensed persons to practice landscape architecture. 481.323(1)(f), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months	Corrective action, probation up to 36, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $500	Corrective action, probation up to 39, suspension up to 27 months, revocation, fine up to $1,000
(x) Aid and abet an unauthorized person in the practice of landscape architecture. 481.323(1)(g), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months	Corrective action, probation up to 36, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $500	Corrective action, probation up to 39, suspension up to 27 months, revocation, fine up to $1,000
(y) Practice landscape architecture unless the person is a holder of a valid license. 481.323(1)(a), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months	Corrective action, probation up to 36, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $500	Corrective action, probation up to 39, suspension up to 27 months, revocation, fine up to $1,000
(z) Practicing on a revoked, suspended, inactive, or delinquent license. 481.325(1)(i), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months	Corrective action, probation up to 36, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $500	Corrective action, probation up to 39, suspension up to 27 months, revocation, fine up to $1,000
(aa) Present as his or her own the license of another; 481.323(1)(c), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months	Corrective action, probation up to 36, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $500	Corrective action, probation up to 39, suspension up to 27 months, revocation, fine up to $1,000
(bb) Use or attempt to use a landscape architect license that has been suspended, revoked, or placed on inactive or delinquent status. 481.323(1)(e), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months	Corrective action, probation up to 36, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $500	Corrective action, probation up to 39, suspension up to 27 months, revocation, fine up to $1,000
(cc) Practicing or offering to practice beyond the scope permitted by law or performing work the licensee knows he or she is not competent to perform. Section 455.227(1)(o), F.S.
First Offense		Reprimand, corrective action, probation up to 9 months, fine up to $1,500	Corrective action, probation up to 36 months, suspension up to 24 months, revocation, fine up to $5,000
Subsequent Offenses		Reprimand, corrective action, probation up to 12 months, fine up to $2,000	Corrective action, probation up to 39 months, suspension up to 27 months, revocation, fine up to $5,000
(dd) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified to perform them. 455.227(1)(p), F.S.
First Offense		Reprimand, corrective action, probation up to 9 months, fine up to $1,500	Corrective action, probation up to 36 months, suspension up to 24 months, revocation, fine up to $5,000
Subsequent Offenses		Reprimand, corrective action, probation up to 12 months, fine up to $2,000	Corrective action, probation up to 39 months, suspension up to 27 months, revocation, fine up to $5,000
(ee) Use the name or title “landscape architect,” “landscape architecture,” “landscape architectural,” “landscape engineering,” “L.A.,” or words to that effect, or advertise any title or description tending to convey the impression that he or she is a landscape architect when he or she is not then the holder of a valid license issued pursuant to this part. 481.323(1)(b), F.S.
First Offense	Reprimand, corrective action, probation up to 3 months		Corrective action, probation up to 18 months, suspension up to 6 months, fine up to $1,000
Subsequent Offenses	Reprimand, corrective action, probation up to 6 months, fine up to $500		Corrective action, probation up to 21 months, suspension up to 9 months, fine up to $1,000
(ff) Failure of the landscape architect to include her or his certificate number in advertisement used by the registered landscape architect, corporation, or partnership. 481.321(5), F.S., 61G10-15.003, F.A.C.
First Offense	Reprimand, corrective action, probation up to 3 months		Reprimand, corrective action, probation up to 6 months, fine up to $500
Subsequent Offenses	Reprimand, corrective action, probation up to 6 months, fine up to $500		Reprimand, corrective action, probation up to 9 months, fine up to $750
(gg) Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content. 481.325(1)(f), F.S.
First Offense	Reprimand, corrective action, probation up to 3 months		Corrective action, probation up to 18 months, suspension up to 6 months, fine up to $1,000
Subsequent Offenses	Reprimand, corrective action, probation up to 6 months, fine up to $500		Corrective action, probation up to 21 months, suspension up to 9 months, fine up to $1,000
(hh) Exercising influence on the client for financial gain of the licensee or a third party. 455.227(1)(n), F.S.
First Offense		Reprimand, corrective action, probation up to 9 months, fine up to $1,500	Corrective action, probation up to 36 months, suspension up to 24 months, revocation, fine up to $5,000
Subsequent Offenses		Reprimand, corrective action, probation up to 12 months, fine up to $2,000	Corrective action, probation up to 39 months, suspension up to 27 months, revocation, fine up to $5,000
(ii) Interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. 455.227(1)(r), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months, fine up to $500	Corrective action, probation up to 18 months, suspension up to 6 months, fine up to $3,500
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $1,000	Corrective action, probation up to 21 months, suspension up to 9 months, fine up to $4,000
(jj) Conceal information relative to violations of Chapter 481, Pt. II. 481.323(1)(h), F.S.
First Offense	Reprimand, corrective action, probation up to 3 months		Corrective action, probation up to 18 months, suspension up to 6 months, fine up to $1,000
Subsequent Offenses	Reprimand, corrective action, probation up to 6 months, fine up to $500		Corrective action, probation up to 21 months, suspension up to 9 months, fine up to $1,000
(kk) Failing to report in writing to the Board within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. 455.227(1)(t), F.S.
First Offense		Reprimand, corrective action, probation up to 3 months, fine up to $500	Corrective action, probation up to 18 months, suspension up to 6 months, fine up to $3,500
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $1,000	Corrective action, probation up to 21 months, suspension up to 9 months, fine up to $4,000
(ll) Termination from an impaired practitioner program as described in s. 456.076, F.S., for failure to comply, without good cause, or failure to successfully complete a drug or alcohol treatment program. 455.227(1)(u), F.S.
First offense		Reprimand, corrective action, probation up to 3 months, fine up to $500	Corrective action, probation up to 36 months, suspension up to 24 months, revocation, fine up to $5,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $1,000	Corrective action, probation up to 39 months, suspension up to 27 months, revocation, fine up to $5,000
(mm) A landscape architect applying to practice in the name of a corporation must file with the department the names and addresses of all officers and board members of the corporation, and all individuals registered to practice landscape architecture by the corporation who are in responsible charge of the practice of landscape architecture by the corporation in this state. 481.319(3), F.S.
First Offense	Reprimand, corrective action, probation up to 3 months		Reprimand, corrective action, probation up to 6 months, fine up to $500
Subsequent Offenses	Reprimand, corrective action, probation up to 6 months, fine up to $500		Reprimand, corrective action, probation up to  months, fine up to $750
(nn) A landscape architect qualifying as a partnership or corporation must notify the department within 1 month after any change in the information contained in the application upon which the license is based. Any landscape architect who terminates her or his employment with a partnership or corporation licensed under this part shall notify the department of the termination within 1 month. 481.319(4), F.S.
First Offense	Reprimand, corrective action, probation up to 3 months		Reprimand, corrective action, probation up to 6 months, fine up to $500
Subsequent Offenses	Reprimand, corrective action, probation up to 6 months, fine up to $500		Reprimand, corrective action, probation up to  months, fine up to $750
(oo) Allowing one’s seal to be used on a document not prepared by him or her. 481.325(1)(l), F.S.
First Offense		Corrective action, probation up to 15 months, suspension up to 3 months, fine up to $1,000	Corrective action, probation up to 36 months, suspension up to 24 months, fine up to $1,000
Subsequent offenses		Corrective action, probation up to 18 months, suspension up to 6 months, fine up to $1,000	Corrective action, probation up to 39 months, suspension up to 27 months, fine up to $1,000
(pp) Signing and sealing any final plan, specification, or report after the seal holder’s certificate of registration is expired, suspended or revoked. Failure to surrender suspended or revoked seal to the Executive Director within 30 days.  Failure to confirm surrender of electronic seal in accordance with Sections 668.001-668.006, F.S. 481.321(2), F.S.,  61G10-11.010(3), F.A.C.
First Offense		Reprimand, corrective action, probation up to 3 months	Corrective action, probation up to 36, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $500	Corrective action, probation up to 39, suspension up to 27 months, revocation, fine up to $1,000
(qq) A seal  shall include the words “STATE OF FLORIDA,” “LANDSCAPE ARCHITECT,” the licensee's name as it appears on his or her certificate of registration, and the certificate number. Seal shall leave a permanent ink representation or other form of embossing or opaque and permanent impression, which also may be computer-generated impressions, on the surface of prints or other duplications of drawings and, as appropriate, upon specification pages and other articles of service. R. 61G10-11.010(1), F.A.C.
First Offense	Reprimand, corrective action, probation up to 3 months		Reprimand, corrective action, probation up to 12 months, fine up to $750
Subsequent Offenses	Reprimand, corrective action, probation up to 6 months, fine up to $500		Corrective action, probation up to 15 months, fine up to $1,000
(rr) All plans, (specifications, or reports, including all permit documents, prepared or issued by the registered landscape architect and filed for public record shall be signed by the registered landscape architect, dated and stamped with his seal. 61G10-11.010(2), F.A.C.
First Offense	Reprimand, corrective action, probation up to 3 months		Reprimand, corrective action, probation up to 12 months, fine up to $750
Subsequent Offenses	Reprimand, corrective action, probation up to 6 months, fine up to $500		Corrective action, probation up to 15 months, fine up to $1,000
(ss) No registered landscape architect shall affix, or permit to be affixed, his seal or signature to any work the registrant is not competent to perform. 61G10-11.010(2), F.A.C.
First Offense	Reprimand, corrective action, probation up to 9 months, fine up to $750		Corrective action, probation up to 36 months, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses	Reprimand, corrective action, probation up to 12 months, fine up to $750		Corrective action, probation up to 39 months, suspension up to 27 months, revocation, fine up to $1,000
(tt) Affixing or allowing to be affixed the landscape architect’s  seal or name to any plan, specification, drawing, or other document which was not prepared by the landscape architect or under her or his responsible supervising control, or which was not reviewed, approved, or modified, and adopted by her or him as her or his own work with full responsibility as a landscape architect for such documents. 481.321(3), F.S.
First Offense		Corrective action, probation up to 15 months, suspension up to 3 months, fine up to $1,000	Corrective action, probation up to 36 months, suspension up to 24 months, fine up to $1,000
Subsequent offenses		Corrective action, probation up to 18 months, suspension up to 6 months, fine up to $1,000	Corrective action, probation up to 39 months, suspension up to 27 months, fine up to $1,000
(uu) Violation of provisions governing electronic sealing and transmission of plans, specifications and reports  in Section 481.321(1), F.S., and Rule 61G10-11.011, F.A.C.
First Offense	Reprimand, corrective action, probation up to 3 months		Reprimand, corrective action, probation up to 12 months, fine up to $750
Subsequent Offenses	Reprimand, corrective action, probation up to 6 months, fine up to $500		Corrective action, probation up to 15 months, fine up to $1,000
(vv) Violate standards of competence to perform mangrove trimming. 61G10-17.001, F.A.C.
First Offense		Reprimand, corrective action, probation up to 3 months	Corrective action, probation up to 36, suspension up to 24 months, revocation, fine up to $1,000
Subsequent Offenses		Reprimand, corrective action, probation up to 6 months, fine up to $500	Corrective action, probation up to 39, suspension up to 27 months, revocation, fine up to $1,000

 

(5) The Board shall take into consideration the following factors in determining the appropriate disciplinary action to be imposed and in going outside of the disciplinary guidelines:

(a) The danger to the public;

(b) The number of specific offenses;

(c) The actual damage, physical or otherwise, to specific clients;

(d) The length of time since the date of the last violation(s);

(e) The length of time the licensee has practiced his or her profession;

(f) Prior discipline imposed on the licensee;

(g) The deterrent effect of the penalty imposed;

(h) The effect of the penalty upon the licensee;

(i) Efforts by the licensee toward rehabilitation;

(j) Attempts by the licensee to correct or stop violations;

Rulemaking Specific Authority 481.306, 481.325, 455.2273 FS Law Implemented 481.323, 481.325, 455.227, 455.2273, 403.9329(1)(e) FS. History–New 11‑24‑86, Formerly 21K‑14.003, Amended 11-19-00,                               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Landscape Architecture

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Landscape Architecture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 2, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 19, 2021