The proposed rule amendments will delete unnecessary language and will add new language to update and clarify procedures for demonstrating compliance by licensees.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Landscape Architecture

RULE NOS.:RULE TITLES:

61G10-15.003Advertising

61G10-15.004Successor Landscape Architect Adopting as His Own the Work of Another Landscape Architect

PURPOSE AND EFFECT: The proposed rule amendments will delete unnecessary language and will add new language to update and clarify procedures for demonstrating compliance by licensees.

SUMMARY: Update 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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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 FS.

LAW IMPLEMENTED: 481.321, 483.321(3) 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, Florida 32399-0783.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G10-15.003 Advertising.

(1) Section 481.321(5), F.S., requires that each registered landscape architect, corporation or partnership display its certificate of registration number in any newspaper, telephone directory or other advertising medium. The term “other advertising medium” shall be deemed to include business cards, stationery, magazines, billboards, proposals, contracts, job site signs, and electronic media. The term “other advertising medium” shall not be deemed to include articles of clothing and other promotional novelty items.

(2) A landscape architect or his firm may advertise in any medium, including the telephone directory yellow pages, even if no office is physically present in the area of the advertisement. Such advertisement or listing in the telephone directory, however, shall not mislead the public into believing that the phone number and address given is capable of delivering landscape architectural services to the public at that location if in fact the phone number or address listed is not a landscape architectural office. Any marketing office or a construction, field or project office must be clearly identified as such.

Rulemaking Authority 481.306 FS. Law Implemented 481.321 FS. History–New 12-6-89, Formerly 21K-15.003, Amended 7-8-09,                   .

 

61G10-15.004 Successor Landscape Architects Adopting as His Own the Work of Another Landscape Architect.

(1) A “successor landscape architect” is a registered landscape architect who has reviewed, approved, or modified, and adopted any plan, specification, drawing, or other document which was prepared, signed and placed under seal by another registered landscape architect.

(2)(1) A successor landscape architect seeking to reuse already sealed contract documents under the successor registered landscape architect's seal must throughly be able to document and produce, upon request, evidence that he has in fact, verified verification of the work done by the original registered landscape architect’s work including. In other words, calculations, site visits, and research and the like shall be documented and producible upon request. In addition, the successor registered landscape architect assumes must take all professional and legal responsibility for the documents which have been reviewed, approved, or modified and adopted by succesor landscape architect. he signs and seals and can in no way exempt himself from such full responsibility. Plans need not be redrawn (in their entirety) by

(3) Tthe successor registered landscape architect is not required to redraw plans so long as, however, justification for such action is throughly documented by the successor landscape architect.  must be available through well kept and complete documentation on the part of the successor registered landscape architect as to having rethought and reworked the entire design process.

(4) The title block, seal and signature of the A successor registered landscape architect must be used and the his own title block, seal and signature and must remove the title block, seal and signature of the original registered landscape architect must be removed before sealing, signing and dating any sealed contract documents.

(5)(2) Prior to sealing, signing and dating work, a successor registered landscape architect shall be required to notify the original registered landscape architect, including any his successors or assigns, by certified letter to the last known address of the original registered landscape architect.  Said notification shall include a statement of the successor's intention to use or reuse the original registered landscape architect's work. Such documentation shall be readily available and producible upon request. The successor registered landscape architect shall have full responsibility for the drawings as though they were the successor's original product.

Rulemaking Specific Authority 481.306 FS. Law Implemented 481.321(3) FS. History–New 11-17-92, Formerly 21K-15.004, Amended              .

 

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: July 11, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 28, 2019