Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances  

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    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

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 47 No. 155, August 11, 2021 issue of the Florida Administrative Register.

    The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and by a discussion and subsequent vote by the Board at the telephonic public meeting held on August 31, 2021.  The rule shall now read as follows:

    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 ranges provided for each first violation or subsequent violation, whichever applies.  

    (2) through (3) No change.

    (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

    From Corrective action, probation up to 15 months, to suspension up to 3 months, and fine up to $3,000

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $5,000

     

     

     

    Subsequent Offenses

    From Corrective action, probation up to 18 months, to suspension up to 6 months, and fine up to $3,500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to   revocation and 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

    From Corrective action, probation up to 15 months, to suspension up to 3 months, and fine up to $1,000

    From Corrective action, probation up to 36 months, to suspension up to 24 months, and fine up to $1,000

     

     

     

    Subsequent offenses

    From Corrective action, probation up to 18 months, to suspension up to 6 months, and fine up to $1,000

    From Corrective action, probation up to 39 months, to suspension up to 27 months, and 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

    From Corrective action, probation up to 15 months, to suspension up to 3 months, and fine up to $3,000

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $5,000

     

     

     

    Subsequent offenses

    From Corrective action, probation up to 18 months, to suspension up to 6 months, and fine up to $3,500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and fine up to $5,000 3,500

     

     

     

    (d) Intentionally violating any rule of the board or the department.

    455.227(1)(b), F.S.

     

     

     

     

     

    First offense

    From Reprimand, corrective action, to probation up to 3 months, and fine up to $500

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $5,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $1,000

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to  revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months, and fine up to $500

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $5,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $1,000

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months, and fine up to $500

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $5,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $1,000

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months, and fine up to $500

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $5,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to  probation up to 6 months, and fine up to $1,000

    From Corrective action, probation up to 39 months, suspension up to 27 months, to  revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to  revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months, and fine up to $500

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $5,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $1,000

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 9 months, and fine up to $1,500

    From Corrective action, probation up to 27 months, suspension up to 15 months, to revocation, and fine up to $5,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 12 months, and fine up to $2,000

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 9 months, and fine up to $1,500

    From Corrective action, probation up to 27 months, suspension up to 15 months, to revocation, and fine up to $5,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 12 months, and fine up to $2,000

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 9 months, and fine up to $750

    From Corrective action, probation up to 27 months, suspension up to 15 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 12 months, and fine up to $750

    From Corrective action, probation up to 30 months, suspension up to 18 months, to   revocation, and 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

    From Reprimand, corrective action, to probation up to 9 months, and fine up to $750

    From Corrective action, probation up to 27 months, suspension up to 15 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 12 months, and fine up to $750

    From Corrective action, probation up to 30 months, suspension up to 18 months, to revocation, and 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

    From Corrective action, probation up to 15 months, to suspension up to 3 months, and fine up to $3,000

    From Corrective action, probation up to 36 months, to suspension up to 24 months, and fine up to $5,000

     

     

     

    Subsequent offenses

    From Corrective action to suspension up to 6 months, and fine up to $3,500

    From Corrective action, probation up to 39 months, to suspension up to 27 months, and 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

    From Corrective action, probation up to 15 months, to suspension up to 3 months, and fine up to $1,000

    From Corrective action, probation up to 36 months, to suspension up to 24 months, and fine up to $1,000

     

     

     

    Subsequent offenses

    From Corrective action, probation up to 18 months, to suspension up to 6 months, and fine up to $1,000

    From Corrective action, probation up to 39 months, to suspension up to 27 months, and 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

    From Reprimand, corrective action, to probation up to 3 months, and fine up to $500

    From Corrective action, probation up to 18 months, to suspension up to 6 months, and fine up to $3,500

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $1,000

    From Corrective action, probation up to 21 months, to suspension up to 9 months, and 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

    From Reprimand, corrective action, to probation up to 3 months, and fine up to $500

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $5,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $1,000

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and fine up to $1,000

     

     

     

    (w) Employ unlicensed persons to practice landscape architecture.

    481.323(1)(f), F.S.

     

     

     

     

     

    First Offense

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 36 months, suspension up to 24 months, to   revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and fine up to $1,000

     

     

     

    (z) Practicing on a revoked, suspended, inactive, or delinquent license.

    481.325(1)(i), F.S.

     

     

     

     

     

    First Offense

     

     

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and fine up to $1,000

     

     

     

    (aa) Present as his or her own the license of another;

    481.323(1)(c), F.S.

     

     

     

     

     

    First Offense

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 9 months, and fine up to $1,500

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $5,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 12 months, and fine up to $2,000

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 9 months, and fine up to $1,500

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $5,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 12 months, and fine up to $2,000

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 18 months, to suspension up to 6 months, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and  fine up to $500

    From Corrective action, probation up to 21 months, to suspension up to 9 months, and 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

     

    From Reprimand, corrective action, to probation up to 3 months

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Reprimand, corrective action, to probation up to 9 months, and 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 

     

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 18 months, to suspension up to 6 months, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 21 months, to suspension up to 9 months, and 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

    From Reprimand, corrective action, to probation up to 9 months, and fine up to $1,500

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $5,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 12 months, and fine up to $2,000

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months, and fine up to $500

    From Corrective action, probation up to 18 months, to suspension up to 6 months, and fine up to $3,500

     

     

     

    Subsequent Offenses

    Reprimand, corrective action, to probation up to 6 months, and fine up to $1,000

    From Corrective action, probation up to 21 months, to suspension up to 9 months, and fine up to $4,000

     

     

     

    (jj) Conceal information relative to violations of Chapter 481, Pt. II.

    481.323(1)(h), F.S.

     

     

     

     

     

    First Offense

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 18 months, to suspension up to 6 months, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 21 months, to suspension up to 9 months,  and 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

    From Reprimand, corrective action, to probation up to 3 months, and fine up to $500

    From Corrective action, probation up to 18 months, to suspension up to 6 months, and fine up to $3,500

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $1,000

    From Corrective action, probation up to 21 months, to suspension up to 9 months, and 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

    From Reprimand, corrective action, to probation up to 3 months, and fine up to $500

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $5,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $1,000

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Reprimand, corrective action, to probation up to 3 months

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Reprimand, corrective action, to probation up to 9 months, and 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

    From Reprimand, corrective action, to probation up to 3 months

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Reprimand, corrective action, to probation up to 9 months, and 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

    From Corrective action, probation up to 15 months, to suspension up to 3 months, and fine up to $1,000

    From Corrective action, probation up to 36 months, to suspension up to 24 months, and fine up to $1,000

     

     

     

    Subsequent offenses

    From Corrective action, probation up to 18 months, to suspension up to 6 months, and fine up to $1,000

    From Corrective action, probation up to 39 months, to suspension up to 27 months, and 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

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

     

    From Reprimand, corrective action, to probation up to 3 months

    From Reprimand, corrective action, to probation up to 12 months, and fine up to $750

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action to probation up to 15 months, and 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

     

    From Reprimand, corrective action, to probation up to 3 months

    From Reprimand, corrective action, to probation up to 12 months, and fine up to $750

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, to probation up to 15 months, and 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

    From Reprimand, corrective action, to probation up to 9 months, and fine up to $750

    From Corrective action, probation up to 36 months, suspension up to 24 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 12 months, and fine up to $750

    From Corrective action, probation up to 39 months, suspension up to 27 months, to revocation, and 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

    From Corrective action, probation up to 15 months, to suspension up to 3 months, and fine up to $1,000

    From Corrective action, probation up to 36 months, to suspension up to 24 months, and fine up to $1,000

     

     

     

    Subsequent offenses

    From Corrective action, probation up to 18 months, to suspension up to 6 months, and fine up to $1,000

    From Corrective action, probation up to 39 months, to suspension up to 27 months, and 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

    From Reprimand, corrective action, to probation up to 3 months

    From Reprimand, corrective action, to probation up to 12 months, fine up to $750

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, to probation up to 15 months, and fine up to $1,000

     

     

     

    (vv) Violate standards of competence to perform mangrove trimming.

    61G10-17.001, F.A.C.

     

     

     

     

     

    First Offense

    From Reprimand, corrective action, to probation up to 3 months

    From Corrective action, probation up to 36, suspension up to 24 months, to revocation, and fine up to $1,000

     

     

     

    Subsequent Offenses

    From Reprimand, corrective action, to probation up to 6 months, and fine up to $500

    From Corrective action, probation up to 39, suspension up to 27 months, to revocation, and fine up to $1,000

     

     

     

     

     

    (5) No change.

    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 112486, Formerly 21K14.003, Amended 11-19-00,                               .

     

    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; Ruthanne.Christie@myfloridalicense.com.