House Bill hb1301c1

    Florida House of Representatives - 2002             CS/HB 1301

        By the Council for Smarter Government and Representatives
    Berfield, Flanagan, Betancourt and Hogan





  1                      A bill to be entitled

  2         An act relating to the Board of Architecture

  3         and Interior Design; amending s. 481.205, F.S.;

  4         delegating to the board the duties and

  5         authority of the Department of Business and

  6         Professional Regulation to investigate and

  7         prosecute the practice and unlicensed practice

  8         of architecture and interior design; requiring

  9         the board to contract with a corporation or

10         other business entity to provide legal,

11         investigative, prosecutorial, and other

12         services; providing requirements with respect

13         to records; authorizing the board to use funds

14         from the unlicensed activity account to perform

15         certain duties; requiring the board to submit

16         an annual budget request to the Legislature;

17         providing an effective date.

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

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21         Section 1.  Section 481.205, Florida Statutes, is

22  amended to read:

23         481.205  Board of Architecture and Interior Design.--

24         (1)  The Board of Architecture and Interior Design is

25  created within in the Department of Business and Professional

26  Regulation. The board shall consist of 11 members. Five

27  members must be registered architects who have been engaged in

28  the practice of architecture for at least 5 years; three

29  members must be registered interior designers who have been

30  offering interior design services for at least 5 years and who

31  are not also registered architects; and three members must be

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    Florida House of Representatives - 2002             CS/HB 1301

    405-151-02






  1  laypersons who are not, and have never been, architects,

  2  interior designers, or members of any closely related

  3  profession or occupation. At least one member of the board

  4  must be 60 years of age or older.

  5         (2)  Members shall be appointed for 4-year staggered

  6  terms.

  7         (3)(a)  Notwithstanding the provisions of ss. 455.225,

  8  455.228, and 455.32, the duties and authority of the

  9  department to receive complaints and investigate and

10  discipline persons licensed under this part, including the

11  ability to determine legal sufficiency and probable cause; to

12  initiate proceedings and issue final orders for summary

13  suspension or restriction of a license pursuant to s.

14  120.60(6); to issue notices of noncompliance, notices to cease

15  and desist, subpoenas, and citations; to retain legal counsel,

16  investigators, or prosecutorial staff in connection with the

17  licensed practice of architecture and interior design; and to

18  investigate and deter the unlicensed practice of architecture

19  and interior design as provided in s. 455.228 are delegated to

20  the board. All complaints and any information obtained

21  pursuant to an investigation authorized by the board are

22  confidential and exempt from s. 119.07(1) as provided in s.

23  455.225(2) and (10).

24         (b)  Notwithstanding the provisions of s. 455.32(13),

25  the board, in lieu of the department, shall contract with a

26  corporation or other business entity pursuant to s. 287.057(3)

27  to provide investigative, legal, prosecutorial, and other

28  services necessary to perform its duties.

29         (c)  The corporation or business entity shall comply

30  with all the recordkeeping and reporting requirements of s.

31  455.32 applicable to the scope of the contract and shall

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    Florida House of Representatives - 2002             CS/HB 1301

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  1  report directly to the board in lieu of the department.

  2  Records of the corporation or other business entity

  3  contracting with the board shall be considered public records

  4  as specified in s. 455.32(15).

  5         (d)  Notwithstanding the provisions of s. 455.228, the

  6  board may use funds in the unlicensed activity account

  7  established under s. 455.2281 to perform its duties relating

  8  to unlicensed activity under this subsection.

  9         (e)  The board shall submit an annual budget request to

10  the Legislature for the purpose of funding its activities

11  under this subsection, which must be separate from the

12  legislative budget request submitted by the department to the

13  Legislature pursuant to s. 216.023.

14         Section 2.  This act shall take effect July 1, 2002.

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