Senate Bill 1066c1

    Florida Senate - 1998                           CS for SB 1066

    By the Committee on Regulated Industries and Senator Lee





    315-2088A-98

  1                      A bill to be entitled

  2         An act relating to landscape design; amending

  3         s. 481.303, F.S.; providing definitions;

  4         amending s. 481.329, F.S.; providing exemptions

  5         from licensure and regulation under part II,

  6         ch. 481, F.S.; providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsection (7) is added to section 481.303,

11  Florida Statutes, to read:

12         481.303  Definitions.--As used in this chapter:

13         (7)  "Landscape design" means consultation for and

14  preparation of a planting plan drawn for compensation,

15  including specifications and installation details for plant

16  materials, soil amendments, mulches, edging, gravel, and other

17  similar materials. Such plans may include only recommendations

18  for the conceptual placement of tangible objects for landscape

19  design projects. Construction documents, details, and

20  specifications for tangible objects and irrigation systems

21  shall be designed or approved by licensed professionals as

22  required by law.

23         Section 2.  Subsection (5) of section 481.329, Florida

24  Statutes, is amended to read:

25         481.329  Exceptions; exemptions from licensure.--

26         (5)  Nothing in this part prohibits any person from

27  engaging in the practice of landscape design, as defined in s.

28  481.303(7). Persons providing landscape design services shall

29  This part shall not be deemed to prohibit any nurseryman,

30  nursery stock dealer, or agent as defined by chapter 581 who

31  is required under chapter 581 to hold a valid license issued

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                           CS for SB 1066
    315-2088A-98




  1  by the Division of Plant Industry of the Department of

  2  Agriculture and Consumer Services and who does hold a valid

  3  license to engage in the business of selling nursery stock in

  4  this state, insofar as she or he engages in the preparation of

  5  plans or drawings as an adjunct to merchandising her or his

  6  product, so long as she or he does not use the title, term, or

  7  designation "landscape architect," "landscape architectural,"

  8  "landscape architecture," "L.A.," "landscape engineering," or

  9  any description tending to convey the impression that she or

10  he is a landscape architect unless she or he is registered as

11  provided in this part or is exempt from registration under the

12  provisions of this part.

13         Section 3.  This act shall take effect October 1, 1998.

14

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                             SB 1066

17

18  Revises the definition of landscape design in part II of
    chapter 481, Florida Statutes, relating to the licensure of
19  landscape architects, to clarify the allowable scope of
    practice for landscape designers.
20
    Replaces the current exemption from landscape architecture
21  licensure requirements for nurserymen and nursery stock
    dealers with an exemption for landscape designers. (The
22  activities of nurserymen and nursery stock dealers that are
    exempted under the current law are included in the definition
23  of landscape design.)

24  Eliminates the requirement that the DBPR issue to landscape
    designers certificates of exemption from landscape
25  architecture licensure requirements.

26

27

28

29

30

31

                                  2