The proposed rule amendments will implement changes required by HB 1193 and will also remove obsolete language and to clarify the rule language.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Architecture and Interior Design

RULE NOS.:RULE TITLES:

61G1-12.001Grounds for Disciplinary Proceedings

61G1-12.007Notice of Non-compliance

PURPOSE AND EFFECT: The proposed rule amendments will implement changes required by HB 1193 and will also remove obsolete language and to clarify the rule language.

SUMMARY: The proposed rule amendments will 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: 120.695, 455.225(3), 481.2055 FS.

LAW IMPLEMENTED: 120.695, 455.225(3), 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: Amanda Ackermann, 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) No change.

(2) As provided in Sections 481.225(1)(f) and 481.2251(1)(d), F.S., an architect or registered interior designer, firm, or qualified business organization holding a certificate of authorization shall not “advertise goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content.” A false, fraudulent, misleading, or deceptive statement or claim shall include without limitation:

(a) through (d) No change.

(e) A falsification or misrepresentation of the extent of an architect’s or registered interior designer’s education, training or experience to any person or to the public at large, tending to establish or imply qualifications for selection for architectural or registered interior design employment, advancement, or professional engagement. An architect or registered interior designer shall not misrepresent or exaggerate his degree of responsibility in or for the subject matter of prior assignments;

(f) A statement or claim in any brochure or other presentation made to any person or to the public at large, incident to the solicitation of an architectural or registered interior design employment, which misrepresents pertinent facts concerning an architect’s or registered interior designer’s past employment or work, with the intent and purpose of enhancing his qualifications.

(3) An architect, registered interior designer, corporation or partnership shall not practice architecture or registered interior design under an assumed, fictitious or corporate name that is misleading as to the identity, responsibility, or status of those practicing thereunder or is otherwise false, fraudulent, misleading or deceptive within the meaning of subsection (2). The name of a professional corporation or partnership, if otherwise authorized, may include the name or names of one or more deceased or retired members of the firm, or of a predecessor firm in a continuing line of succession. Corporate, partnership or fictitious name shall not be used or displayed except in conjunction with the word or words “architect,” “architecture,” or “architectural” clearly indicating that such corporation partnership or architect engages in the practice of architecture.

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

(a) through (b) No change.

(5) No change.

(6) An architect, firm, or qualified business organization holding a certificate of authorization shall not commit misconduct in the practice of architecture. Misconduct in the practice of architecture shall include but not be limited to:

(a) through (j) No change.

(k) Use of an architect’s name or qualified business organization firm in a business venture with any person or business organization firm which he knows or has reason to believe is engaging in a fraudulent or dishonest nature.

Rulemaking Specific 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,                .

 

61G1-12.007 Notice of Non-compliance.

In accordance with Sections 120.695 and 455.225(3), F.S., when a complaint is received, the Department shall provide a licensee with a notice of non-compliance for an initial offense only of a minor violation. Failure of a licensee to take action in correcting the violation within 15 days after the notice shall result in the institution of regular disciplinary proceedings by the department. “Minor violation,” as used in Sections 120.695 and 455.225(3), F.S., is defined as follows:

(1) through (2) No change. 

(3) Practicing on a delinquent certificate of authorization in violation of Section 455.271, F.S., for 120 days or less;

(3)(4) Failure to include the individual’s or the qualified business organization’s firm’s certificate number in any newspaper, telephone directory, or other advertising medium in violation of Section 481.221(10), F.S.;

(4)(5) Failure to report a change of address as required by Section 455.275, F.S.;

(6) For the 2013-2014 reporting cycle, an architect’s failure to complete 24 hours of required continuing education by December 31, 2014, in violation of Section 481.215(3), F.S., and Rule 61G1-24.002, F.A.C., where the number of continuing education hours completed during the period January 1, 2013 to February 28, 2015 is 24.

Rulemaking Authority 120.695, 455.225(3), 481.2055 FS. Law Implemented 120.695, 455.225(3) FS. History–New 2-29-96, Amended 2-25-98, 4-18-00, 8-19-15,          .

 

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: June 16, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 30, 2020