The proposed rule amendment will delete unnecessary and obsolete language and will add new language required by HB 1193.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Architecture and Interior Design

RULE NO.:RULE TITLE:

61G1-11.013Definitions

PURPOSE AND EFFECT: The proposed rule amendment will delete unnecessary and obsolete language and will add new language required by HB 1193.

SUMMARY: The proposed rule amendment will clarify the 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: 481.2055, 481.211, 481.213(6) FS.

LAW IMPLEMENTED: 481.203, 481.211, 481.221(10), 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: 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:

 

61G1-11.013 Definitions.

In these rules, where the context will permit;

(1) The term “designed and constructed to maintain its structural integrity independent of the unit on the opposite side of the wall” as used in Section 481.203(16)(7)(c), F.S., means that there must be separate exterior walls along the common property line, and the units sharing this common property line shall be structurally independent of each other so that either unit can be removed without affecting the other. A common wall may be used. When a common wall is used, it must be designed in such a manner that the unit on either side could be completely removed to finished grade and not affect the integrity of the common wall in any manner. The structural capability of each unit to stand loads or the lack thereof must not affect any other unit.

(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 or, interior designer whether in print, broadcast, internet or other digital format 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. Construction site signs;

2. Marketing materials or presentation to existing or prospective clients;

3. Advertisements;

4. Signs on vehicles;

5. Business communications;

6. The items listed in 2(a)1, 2, 3, 4, and 5 shall contain the license number of the individual or business organization:

1. Business cards – every one of which shall include the certificate of authorization number (if a sole proprietorship the individual license number must be shown in conjunction with the sole proprietor’s name);

2. All phone directory listings, with the exception of professional association boxes, and non-highlighted, non-emphasized, and non-segregated listings only of the licensee’s name, address and telephone number, which are informational only and do not require the number;

3. Construction site signs;

4. Airwave transmissions;

5. Handbills;

6. All billboards, on or off site;

7. Shopping and service guides (including coupon offerings);

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

9. Classified advertisements;

10. Manufacturer’s “authorized dealer” listings;

11. Signs on vehicles;

12. Promotional materials such as video tapes, flyers, brochures;

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

14. Magnetic signs;

(b) The term shall not apply to the following:

1. Business Cards.

1. through 2. renumbered to 2. through 3.  No change. 

(c) The license registration number is required to appear in any newspaper, telephone directory, or other advertising medium, pursuant to Section 481.221(10)(8), F.S., shall be adjacent to the licensee’s name and shall be legible.

(3) No change. 

(4) The title “Intern Architect” may be used by an individual who possesses a National Architectural Accreditation Board (NAAB) accredited professional degree in architecture, is actively enrolled with the National Council of Architectural Registration Boards (NCARB) in the Architectural Experience Program (AXP), formerly known as the Intern Development Program (IDP), and is working under the direct supervision of a registered architect. This title shall be used only in conjunction with the architectural business organization firm for which an individual is employed as an intern to meet the requirements of Section 481.211, F.S., “Architecture internship required.”

(5) No change.

Rulemaking Authority 481.2055, 481.211, 481.213(6) FS. Law Implemented 481.203, 481.211, 481.221(10), 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, 11-11-13, 4-16-18,                .

 

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 30, 2020

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