For Rule 61G1-11.013, the Board proposes the rule amendment to update the definition of “newspaper, telephone directory or other advertising medium” as used in Section 481.221(10), F.S. For Rule 61G1-11.014, the Board proposes the rule amendment to ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Architecture and Interior Design

RULE NOS.:RULE TITLES:

61G1-11.013Definitions

61G1-11.014Criteria for Investigators and Consultants

PURPOSE AND EFFECT: For Rule 61G1-11.013, F.A.C., the Board proposes the rule amendment to update the definition of “newspaper, telephone directory or other advertising medium” as used in Section 481.221(10), F.S. For Rule 61G1-11.014, F.A.C., the Board proposes the rule amendment to clarify concerning the criteria for investigators and consultants.

SUMMARY: For Rule 61G1-11.013, F.A.C., the definition of “newspaper, telephone directory or other advertising medium” will be updated. For Rule 61G1-11.014, F.A.C., language concerning the criteria for investigators and consultants will be clarified.

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: 455.203(6), 481.2055, 481.211, 481.213(6) FS.

LAW IMPLEMENTED: 455.203(8), 481.203, 481.211, 481.221(4), (8), 481.223(1)(c), 481.229(1)(c), (6) 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: Juanita Chastain, Executive Director, Board of Architecture and Interior Design, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G1-11.013 Definitions.

In these rules, where the context will permit;

(1) No change.

(2)(a) The term “newspaper, telephone directory or other advertising medium” as used in Section 481.221(10), F.S., shall mean any of the following when paid for or produced by or for an architect, interior designer or holder of a certificate of authorization (phone business directories are deemed to be produced for an architect, interior designer or a certificate of authorization holder, notwithstanding whether the listings are paid for):

1. through 7. No change.

8. Magazine, website, or Internet advertisements (including trade association publications);

9. through 12. No change.

13. Business communications, whether electronic or using paper stationery;

14. No change.

(b) through (c) No change.

(3) through (5) No change.

Rulemaking Authority 481.2055, 481.211, 481.213(6) FS. Law Implemented 481.203, 481.211, 481.221(4), (8), 481.223(1)(c), 481.229(1)(c), (6) FS. History–New 12-23-79, Amended 2-24-83, 10-27-83, 12-29-83, Formerly 21B-11.13, Amended 11-12-89, 2-14-91, 5-5-91, 12-26-91, Formerly 21B-11.013, Amended 11-15-93, 11-21-94, 1-10-99, 2-12-04, 4-15-07, 12-16-07, 3-7-10,__________.

 

61G1-11.014 Criteria for Investigators and Consultants.

(1) Except for investigations of non-technical matters all investigators and consultants hired by the Board Department of Business and Professional Regulation who undertake the investigation of Registered Architects or Registered Iinterior Ddesigners shall be Registered Architects or and Professional Engineers or Registered Iinterior Ddesigners with at least five (5) years of current continuous practice in any state or territory or shall have the capability of discussing with and enlisting the cooperation of engineers, architects, interior designers, attorneys, contractors, and state law enforcement officials dealing in architectural or interior designers matters and, a degree from an accredited four-year college or university; and five years of professional regulation experience or three years of sworn law enforcement or investigative experience. (Accredited college courses in law, engineering, architecture, interior design or related sciences may be substituted for the required college training.)

(2) Non-technical matters which do not encompass the professional proficiency of a licensee in the practice of aArchitecture or interior design may be investigated by any individual deemed suitable by the Board Department of Business and Professional Regulation.

Rulemaking Authority 455.203(6) FS. Law Implemented 455.203(8) FS. History–New 11-9-82, Formerly 21B-11.14, 21B-11.014, Amended 5-30-95,_________.

 

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: August 7, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 3, 2013