The purpose of the amendment is to implement changes required by HB 1193 and to clarify the language.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Architecture and Interior Design
RULE NO.:RULE TITLE:
61G1-12.004Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
PURPOSE AND EFFECT: The purpose of the amendment is to implement changes required by HB 1193 and to clarify the language.
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, 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: 455.2273 FS.
LAW IMPLEMENTED: 455.227(1), 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: Amanda Ackermann, Executive Director, Board of Architecture and Interior Design, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)717-1400 or by electronic mail – Amanda.Ackermann@myfloridalicense.com
THE FULL TEXT OF THE PROPOSED RULE IS:
Substantial rewrite of Rule 61G1-12.004 follows. See Florida Administrative Code for present text.
61G1-12.004 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.
(1) The board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating Chapter 481, F.S. The purpose of the disciplinary guidelines is to give notice to licensees and registrants of the range of penalties which will normally be imposed upon violations of particular provisions of Chapter 481, F.S. The brief description of each violation is provided for quick reference and is not meant to convey all elements of any given statutory provision; the full language of each statutory provision cited must be consulted in order to determine the conduct involved. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapter 481, F.S., or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty.
(2) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules:
VIOLATION
PENALTY RANGE
MINIMUM
MAXIMUM
(a) Failure to data plans
(Section 481.221, F.S.)
First Offense
Reprimand (architects);
Notice of non-compliance
(interior designers)
$250
Second Offense
$500 fine
Probation and $500 fine (architects); $500 fine and removal from the state registry (interior designers)
Third Offense
Probation and $1,000 fine (architects); $1,000 fine (interior designers)
Suspension and $5,000 fine (architects); $2,500 fine and removal from the state registry (interior designers)
(b) Signing, sealing or
accepting responsibilities
for work not competent
to perform in violation of
(Sections 481.221(2), (3), and
First Offense
Reprimand and $1,000 fine (architects); $500 fine (interior designers)
$1,000 fine and one (1) year suspension followed by two (2) years probation (architects); $500 fine and removal from the state registry (interior designers)
Second Offense
$2,000 fine and (2) two years probation (architects); $1,000 fine (interior designers)
$3,000 fine and two (2) years
suspension followed by two (2) years probation (architects); $1,000 fine and removal from the state registry (interior designers)
Third Offense
$5000 fine and one (1) year suspension followed by two (2) years probation (architects); $2,500 fine (interior designers)
$5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers)
(c) “Plan stamping”
(Sections 481.221(4), (5), F.S.)
First Offense
Reprimand and $2,000 fine (architects); $500 fine (interior designers)
$5,000 fine and one (1) year
suspension followed by two
(2) years probation (architects); $2,500 fine and removal from the state registry (interior designers)
Second Offense
$5,000 fine, 1 year suspension followed by two (2) years probation (architects); $2,500 fine (interior designers)
$5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers)
Third Offense
$5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers)
(d) Plans not sufficiently detailed
(Sections 481.221(6), (7), F.S.)
First Offense
Reprimand, two (2) years probation and $1,000 fine (architects); $500 fine (interior designers)
$1,000 fine and one (1) year suspension followed by two years probation (architects); $500 fine and removal from the state registry (interior designers)
Second Offense
$2000 fine and one (1) year suspension followed by two years probation (architects); $1,000 fine (interior designers)
$5,000 fine, two (2) years suspension followed by two (2)
years probation (architects); $1,000 fine and removal from the state registry (interior designers)
Third Offense
$5,000 fine and two (2) years suspension followed by (2) years probation (architects); $2,500 fine (interior designers)
$5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers)
(e) Attempting to procure
license or registration
by bribery or fraudulent
misrepresentation
(Sections 455.227(1)(h),
481.225(1)(b) and
First Offense
Revocation and $1,000 fine if licensed (architects); Removal from the state registry and $500 fine if registered (interior designers) (denial of license or registration and refer to State
Attorney if not licensed or registered)
Revocation and $5,000 fine (architects); $2,500 fine and removal from state registry (interior designers)
(f) License disciplined by
another jurisdiction
(Sections 455.227(1)(f),
481.225(1)(c), and
Same penalty as imposed in other jurisdiction or as closely as possible to penalties set forth in Florida Statutes
(g) Criminal conviction relating to
Architecture or interior design services
(Sections 455.227(1)(c),
481.225(1)(d), and
First Offense
Misdemeanor:
reprimand (architects); Notice of non-compliance (interior designers)
Felony:
$1,000 fine and one (1) year suspension, followed by two (2) years probation (architects); $500 fine (interior designers)
$1,000 fine, and one (1) year suspension followed by two (2) years probation (architects); $500 fine (interior designers)
$1,000 fine and revocation (architect); $1,000 fine and removal from the state registry (interior designers)
Second Offense
Misdemeanor:
$1,000 fine (architects); $1,000
fine (interior designers)
Felony:
$1,000 fine and revocation (architects); $1,000 fine and removal from the state registry (interior designers)
$3,000 fine and two (2) years
suspension followed by two
(2) years probation (architects); $1,000 fine and removal from the state registry (interior designers)
$5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers)
Third Offense
Misdemeanor:
$3,000 fine and two (2) years suspension followed by two (2) years probation (architects); $1,500 fine and removal from the state registry (interior designers)
$5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers)
(h) Practice on
suspended license
(Section 481.225(1)(h), F.S.)
Revocation and$1,000 fine
(i) Practice on inactive
or delinquent license.
(Sections 481.225(1)(f) & (d), F.S.)
First Offense
Fine based on length of time in practice while inactive; or delinquent $100/month to $1,000 maximum (penalty will require license to renew or cease practice)
One (1) year suspension followed by one (1) year probation and $1,000 fine
Second Offense
One (1) year suspension followed by one (1) year probation and $2000 fine
Two (2) years suspension followed by two (2) years probation and $3,000 fine
Third Offense
Two (2) years suspension followed by two (2) years probation and $5,000 fine
$5,000 fine and revocation
(j) Practice on revoked license
(Section 481.225(1)(k),
F.S.)
Refer to State Attorney for criminal prosecution
(k) Knowingly making or
filing false report
(Sections 455.227(1)(l),
481.225(1)(e), and
First Offense
$1,000 fine and one (1) year suspension, followed by two (2) years probation (architects); $500 fine (interior designers)
$1,000 fine and revocation (architects); $500 fine and removal from the state registry (interior designers)
Second Offense
$3,000 fine and two (2) years suspension and two (2) years probation (architects); $1,000 fine (interior designers)
$3,000 fine and revocation (architects); $1,000 fine and removal from the state registry (interior designers)
Third Offense
$3,000 fine and revocation (architects); $1,500 fine (interior designers)
$5,000 fine and revocation (architects); $1,500 fine and removal from the state registry (interior designers)
(l) Fraudulent, false,
deceptive, or
misleading advertising
(Sections 455.227(1)(m),
481.225(1)(f), and
First Offense
Reprimand (architects); Notice of
non-compliance (interior designers)
$1,000 fine and one (1) year probation (architects); $500 fine (interior designers)
Second Offense
$1,000 fine and one (1) year probation (architects); $500 fine (interior designers)
$3,000 fine and one (1) year suspension and two (2) years probation (architects); $1,000 fine and removal from the state registry (interior designers)
Third Offense
$3,000 fine and one (1) year suspension and two (2) years probation (architects); $1,000 fine (interior designers)
Two (2) years suspension and
two (2) years probation and $5,000 fine (architects); $1,500 fine and removal from the state registry (interior designers)
(m) Negligence
(Sections 481.225(1)(g) and
First Offense
Reprimand, two (2) years probation and $1,000 fine (architects); $500 fine (interior designers)
$1000 fine and revocation (architects); $500 fine and removal from the state registry (interior designers)
Second Offense
One (1) year suspension followed by two (2) years probation and $3,000 fine (architects); $1,000 fine (interior designers)
$3,000 fine and revocation (architects); $1,000 fine and removal from the state registry (interior designers)
Third Offense
$5,000 fine and five (5) years suspension followed by ten (10) years probation (architects); $2,500 fine (interior designers)
$5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers)
(n) Fraud or deceit
(Sections 455.227(1)(a),
481.225(1)(g), and
First Offense
$1,000 fine and one (1) year suspension, followed by two (2) years probation (architects); $500 fine (interior designers)
$1,000 fine and revocation (architects); $500 fine and removal from the state registry (interior designers)
Second Offense
$3,000 fine and two (2) years suspension followed by four (4) years probation (architects); 1,000 fine (interior designers)
$3,000 fine and revocation (architects); $1,000 fine and removal from the state registry (interior designers)
Third Offense
$5,000 fine five (5) years suspension followed by ten (10) years probation (architects); 2,500 fine (interior designers)
$5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers)
(o) Misconduct
(Section 481.225(1)(i), F.S.)
1. Paragraph 61G1-12.001(6)(d), F.A.C.
Soliciting or accepting
gratuities without
client knowledge
First Offense
Reprimand and $1,000 fine
One (1) year suspension, followed by two (2) years probation and $1,000 fine
Second Offense
One (1) year suspension, followed by two (2) years probation and $1,000 fine
Two (2) years suspension, followed by four (4) years probation and $3,000 fine
Third Offense
Two (2) years suspension followed by four (4) years probation and $3,000 fine
Revocation and $3,000 fine
2. Paragraph 61G1-12.001(6)(h), F.A.C.
failure to preserve
client’s confidence
First Offense
Reprimand and $1,000 fine
One (1) year suspension followed by two (2) years probation (if pecuniary benefit
accrues to architect) and $1,000 fine
Second Offense
One (1) year suspension, followed by two (2) years probation and $1,000 fine
Two (2) years suspension, followed by four (4) years probation and $3,000 fine
Third Offense
Two (2) years suspension, followed by four (4) years probation and $3,000 fine
Revocation and $3,000 fine
3. Paragraph 61G1-12.001(6)(j), F.A.C.
Professional judgment
is overruled by
unqualified person
First Offense
Reprimand and $1,000 fine
One (1) year suspension, followed by two (2) years probation and $1,000 fine
Second Offense
One (1) year suspension, followed by two (2) years probation and $1,000 fine
Two (2) years suspension, followed by four (4) years probation and $3,000 fine
Third Offense
Two (2) years suspension, followed by four (4) years probation and $3,000 fine
Revocation and $3,000 fine
4. Paragraph 61G1-12.001(6)(k), F.A.C.
use of name/business organization in
fraudulent venture
First Offense
Reprimand and $1,000 fine
$1,000 fine, and one (1) year suspension followed by two (2) years probation
Second Offense
One (1) year suspension, followed by two (2) years probation and $1,000 fine
Two (2) years suspension, followed by four (4) years probation and $3,000 fine
Third Offense
Two (2) years suspension, followed by four (4) years probation and $3,000 fine
Revocation and $3,000 fine
(p) Incompetence (mental
or physical impairment)
(Section 481.225(1)(g), F.S.)
Suspension until ability to practice proved followed by probation
(q) Bribery to obtain
clients or commissions.
(paragraph 61G1-12.001(6)(5)(b), F.A.C.)
Revocation and $1,000 fine
Revocation and $5,000 fine
(r) Undisclosed conflict
of interest
(paragraph 61G1-12.001(6)(5)(c), F.A.C.)
First Offense
Reprimand, $1,000 fine, and two (2) years probation
Revocation and $1,000 fine
Second Offense
$3000 fine, one (1) year suspension followed by two (2) years probation
Revocation and $3,000 fine
Third Offense
$5,000 fine, two (2) years suspension followed by five (5) years probation
Revocation and $5,000 fine
(s) Aiding unlicensed
practice
(Sections 455.227(1)(j), and
First Offense
Reprimand and $1,000 fine
$1,000 fine and one (1) year suspension followed by two (2) years probation
Second Offense
$1,000 fine and one (1) year suspension followed by two (2) years probation
$3,000 fine and two (2) years suspension followed by two (2) years probation
Third Offense
$3,000 fine and two (2) years suspension followed by two (2) years probation
$3,000 fine and revocation
(t) Failure by interior designer
to obtain continuing education
hours
(Section 481.215(3), F.S.)
First Offense
NUMBER OF HOURS LACKING
1 to 4 hours
5 to 9 hours
10 to 14 hours
15 to 20 hours
PENALTY
$125 fine, makeup missing hours plus 5 additional in 90 days of final order
$250 fine, makeup missing hours plus 10 additional in 120 days of final order
$375 fine, makeup missing hours plus 15 additional in 150 days of final order
$500 fine, makeup missing hours
plus 20 additional in 180 days of final order
Second Offense
NUMBER OF HOURS LACKING
1 to 4 hours
5 to 9 hours
10 to 14 hours
15 to 19 hours
20 hours
PENALTY
$500 fine, makeup missing hours plus 5 additional in 90 days of final order
$625 fine, makeup missing hours plus 10 additional in 120 days of final order
$750 fine, makeup missing hours plus 15 additional in 150 days of final order
$875 fine, makeup missing hours
plus 20 additional in 180 days of final order
$1,000 fine, makeup missing hours plus 20 additional, in 180 days of final order
Third Offense
NUMBER OF HOURS LACKING
1 to 4 hours
5 to 9 hours
10 to 14 hours
15 to 19 hours
20 hours
PENALTY
$1000 fine, makeup missing hours plus 5 additional in 90 days of final order
$1,125 fine, makeup missing hours plus 10 additional in 120 days of final order
$1,250 fine, makeup missing hours plus 15 additional in 150 days of final order
$1,375 fine, makeup missing hours plus 20 additional in 180 days of final order
$1,500 fine, makeup missing hours plus 20 additional, in 180 days of final order
(u) Failure by architect to obtain
continuing education
hours
(Section 481.215(3), F.S.)
First Offense
NUMBER OF HOURS LACKING
1 to 5 hours
6 to 11 hours
12 to 17 hours
18 to 23 hours
24 hours
PENALTY
$250 fine, makeup missing hours plus 6 additional in 90 days of final order
$500 fine, makeup missing hours plus 12 additional in 120 days of final order
$750 fine, makeup missing hours plus 18 additional in 150 days of final order
$1,000 fine, makeup missing hours plus 24 additional in 180 days of final order
$1000 fine, makeup missing hours
plus 24 additional, suspension until all hours are completed
Second Offense
NUMBER OF HOURS LACKING
1 to 5 hours
6 to 11 hours
12 to 17 hours
18 to 23 hours
24 hours
PENALTY
$500 fine, makeup missing hours plus 6 additional in 90 days of final order
$1,000 fine, makeup missing hours plus 12 additional in 120 days of final order
$2,000 fine, makeup missing hours plus 18 additional in 150 days of final order
$3000 fine, makeup missing hours
plus 24 additional in 180 days of final order
$5,000 fine, makeup missing hours plus 24 additional, suspension until all hours are completed
Third Offense
NUMBER OF HOURS LACKING
6 to 11 hours
12 to 17 hours
18 to 23 hours
24 hours
PENALTY
$2,000 fine, makeup missing hours plus 6 additional in 90 days of final order
$3,000 fine, makeup missing hours plus 12 additional in 120 days of final order
$5000 fine, makeup missing hours plus 18 additional in 150 days of final order
$5,000 fine, makeup missing hours plus 24 additional in 180 days of final order
$5,000 fine, makeup missing hours plus 24 additional, suspension until all hours are completed
(v) Failure to perform statutory or legal obligation
(Sections 481.225(1)(j) or 455.227(1)(k), F.S.)
First Offense
Reprimand and $2,000 fine
$5,000 fine and one (1) year suspension followed by two (2) years probation
Second Offense
$5,000 fine, one (1) year suspension followed by two (2) years probation
$5,000 fine and revocation
Third Offense
$5,000 fine and revocation
(w) Improper use of seal
(paragraph 61G1-16.003, F.A.C.)
First Offense
Reprimand (architects); Notice of
non-compliance (interior designers)
$250 fine
Second Offense
$500 fine (architects and interior designers)
$500 fine and probation (architects)
Third Offense
$1,000 fine and probation (architects); $1,000 fine (interior designers)
$5,000 fine and suspension (architects); $2,500 fine and removal from the state registry (interior designers)
(x) Improper title block
(paragraph 61G1-16.004, F.A.C.)
First Offense
Reprimand (architects); Notice of non-compliance (interior designers)
$250 fine
Second Offense
$500 fine (architects and interior designers
$500 fine and probation (architects); $500 fine and removal from the state registry (interior designers)
Third Offense
$1,000 fine and probation (architects); $1,000 fine (interior designers)
$5,000 fine and suspension (architects); $2,500 fine and removal from the state registry (interior designers)
(y) Failure to exercise responsible
supervisory control
(paragraph 61G1-23.010 and
61G1-23.040, F.A.C.)
First Offense
Reprimand and $2,000 fine
$5,000 fine and one (1) year suspension followed by two (2) years probation
Second Offense
$5,000 fine, one (1) year suspension followed by two (2) years probation
$5,000 fine and revocation
Third Offense
$5,000 fine and revocation
(z) Failure to notify Board of qualifier
change
(Section 481.219(10), F.S.)
Individual Architect License
First Offense
Reprimand
$5,000 fine
Second Offense
$5,000 fine
Suspension
Third Offense
Suspension
Revocation
(aa) Failure to comply with Final Order
(Sections 481.225(1)(j) and 455.227(1)(q), F.S.)
First Offense
Suspension
Revocation
Second Offense
Revocation
(bb) Failure to timely report being convicted Or found guilty of, or entering a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any
jurisdiction (more than 30 days late)
(Sections 455.277(1)(t), F.S.)
Reprimand (architects); Notice of
non-compliance(interior designers)
$5,000 fine and suspension (architects); $2,500 fine and removal from the state registry (interior designers)
(3) The board shall be entitled to deviate from the above-mentioned guidelines upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the board prior to the imposition of a final penalty.
(a) Aggravating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the enhancement of a penalty beyond the maximum level of discipline in the guidelines shall include but not be limited to the following:
(b) Mitigating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the lessening of a penalty beyond the minimum level of discipline in the guidelines shall include but not be limited to the following:
1. History of previous violations of the practice act and the rules promulgated thereto.
2. In the case of negligence; of the magnitude and scope of the project and the damage inflicted upon the general public by the licensee’s misfeasance.
3. Evidence of violation of professional practice acts in other jurisdictions wherein the licensee has been disciplined by the appropriate regulatory authority.
4. Violation of the provision of the practice act wherein a letter of guidance as provided in Section 455.225(3), F.S., has previously been issued to the licensee.
5. Steps taken by the licensee or qualified business organization to insure the non-occurrence of similar violations in the future.
6. The degree of financial hardship incurred by a licensee as a result of the imposition of fines or the suspension of his practice.
Rulemaking Authority 455.2273 FS. Law Implemented 455.227(1), 455.2273 FS. History–New 12-11-86, Formerly 21B-12.004, Amended 5-16-94, 10-20-96, 10-7-99, 6-8-00, 9-10-03, 12-12-04, 7-22-10, 8-26-12_________.
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: October 29, 2021
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 12, 2022
Document Information
- Comments Open:
- 9/27/2022
- Summary:
- Update rule text.
- Purpose:
- The purpose of the amendment is to implement changes required by HB 1193 and to clarify the language.
- Rulemaking Authority:
- 455.2273 FS.
- Law:
- 455.227(1), 455.2273 FS.
- Related Rules: (1)
- 61G1-12.004. Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances