HB 0699

CS

CHAMBER ACTION

1	The Business Regulation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to architecture and interior design;
7	amending s. 481.219, F.S.; revising provisions on
8	architectural and interior design services certifications
9	to include applicability to limited liability companies;
10	amending s. 481.221, F.S.; requiring the Board of
11	Architecture and Interior Design to prescribe, by rule,
12	one or more forms of seals for use by a registered
13	architect or interior designer who holds a valid
14	certificate of registration; authorizing use of one seal
15	and registration of the seal electronically; authorizing
16	electronic transmission and sealing of final plans,
17	specifications, or reports; prohibiting signing or sealing
18	of final plans, specifications, or reports after
19	expiration, suspension, or revocation of certificate of
20	registration; requiring surrender of the seal upon
21	suspension or revocation of the certificate of
22	registration; amending s. 481.225, F.S.; revising grounds
23	for disciplinary actions; amending s. 481.229, F.S.;
24	revising an exemption relating to interior design services
25	and titles to include applicability to certain limited
26	liability companies; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Section 481.219, Florida Statutes, is amended
31	to read:
32	481.219  Certification of partnerships, limited liability
33	companies, and corporations.--
34	(1)  The practice of or the offer to practice architecture
35	or interior design by licensees through a corporation, limited
36	liability company, or partnership offering architectural or
37	interior design services to the public, or by a corporation,
38	limited liability company, or partnership offering architectural
39	or interior design services to the public through licensees
40	under this part as agents, employees, officers, or partners, is
41	permitted, subject to the provisions of this section.
42	(2)  For the purposes of this section, a certificate of
43	authorization shall be required for a corporation, limited
44	liability company, partnership, or person practicing under a
45	fictitious name, offering architectural services to the public
46	jointly or separately. However, when an individual is practicing
47	architecture in her or his own name, she or he shall not be
48	required to be certified under this section. Certification under
49	this subsection to offer architectural services shall include
50	all the rights and privileges of certification under subsection
51	(3) to offer interior design services.
52	(3)  For the purposes of this section, a certificate of
53	authorization shall be required for a corporation, limited
54	liability company, partnership, or person operating under a
55	fictitious name, offering interior design services to the public
56	jointly or separately. However, when an individual is practicing
57	interior design in her or his own name, she or he shall not be
58	required to be certified under this section.
59	(4)  All final construction documents and instruments of
60	service which include drawings, specifications, plans, reports,
61	or other papers or documents involving the practice of
62	architecture which are prepared or approved for the use of the
63	corporation, limited liability company, or partnership and filed
64	for public record within the state shall bear the signature and
65	seal of the licensee who prepared or approved them and the date
66	on which they were sealed.
67	(5)  All drawings, specifications, plans, reports, or other
68	papers or documents prepared or approved for the use of the
69	corporation, limited liability company, or partnership by an
70	interior designer in her or his professional capacity and filed
71	for public record within the state shall bear the signature and
72	seal of the licensee who prepared or approved them and the date
73	on which they were sealed.
74	(6)  The department shall issue a certificate of
75	authorization to any applicant who the board certifies as
76	qualified for a certificate of authorization and who has paid
77	the fee set in s. 481.207.
78	(7)  The board shall certify an applicant as qualified for
79	a certificate of authorization to offer architectural or
80	interior design services, provided that:
81	(a)  One or more of the principal officers of the
82	corporation or limited liability company, or one or more
83	partners of the partnership, and all personnel of the
84	corporation, limited liability company, or partnership who act
85	in its behalf in this state as architects, are registered as
86	provided by this part; or
87	(b)  One or more of the principal officers of the
88	corporation or one or more partners of the partnership, and all
89	personnel of the corporation, limited liability company, or
90	partnership who act in its behalf in this state as interior
91	designers, are registered as provided by this part.
92	(8)  The department shall adopt rules establishing a
93	procedure for the biennial renewal of certificates of
94	authorization.
95	(9)  The department shall renew a certificate of
96	authorization upon receipt of the renewal application and
97	biennial renewal fee.
98	(10)  Each partnership, limited liability company, and
99	corporation certified under this section shall notify the
100	department within 30 days of any change in the information
101	contained in the application upon which the certification is
102	based. Any registered architect or interior designer who
103	qualifies the corporation, limited liability company, or
104	partnership as provided in subsection (7) shall be responsible
105	for ensuring responsible supervising control of projects of the
106	entity and upon termination of who terminates her or his
107	employment with a partnership, limited liability company, or
108	corporation certified under this section shall notify the
109	department of the termination within 30 days.
110	(11)  No corporation, limited liability company, or
111	partnership shall be relieved of responsibility for the conduct
112	or acts of its agents, employees, or officers by reason of its
113	compliance with this section. However, the architect who signs
114	and seals the construction documents and instruments of service
115	shall be liable for the professional services performed, and the
116	interior designer who signs and seals the interior design
117	drawings, plans, or specifications shall be liable for the
118	professional services performed.
119	(12)  Disciplinary action against a corporation, limited
120	liability company, or partnership shall be administered in the
121	same manner and on the same grounds as disciplinary action
122	against a registered architect or interior designer,
123	respectively.
124	(13)  Nothing in this section shall be construed to mean
125	that a certificate of registration to practice architecture or
126	interior design shall be held by a corporation, limited
127	liability company, or partnership. Nothing in this section
128	prohibits corporations, limited liability companies, and
129	partnerships from joining together to offer architectural,
130	engineering, interior design, surveying and mapping, and
131	landscape architectural services, or any combination of such
132	services, to the public, provided that each corporation, limited
133	liability company, or partnership otherwise meets the
134	requirements of law.
135	(14)  Corporations, limited liability companies, or
136	partnerships holding a valid certificate of authorization to
137	practice architecture shall be permitted to use in their title
138	the term "interior designer" or "registered interior designer."
139	Section 2.  Section 481.221, Florida Statutes, is amended
140	to read:
141	481.221  Seals; display of certificate number.--
142	(1)  The board shall prescribe, by rule, one or more forms
143	of distinctively different seals to be used by registered
144	architects and interior designers, respectively, holding valid
145	certificates of registration.
146	(2)(a)  Each registered architect shall obtain one an
147	impression-type metal seal in a form approved by rule of the
148	board and may, in addition, register her or his seal
149	electronically in accordance with ss. 668.001-668.006.,and All
150	final construction documents and instruments of service which
151	include drawings, plans, specifications, or reports prepared or
152	issued by the registered architect and being filed for public
153	record shall bear the signature and seal of the registered
154	architect who prepared or approved the document and the date on
155	which they were sealed. The signature, date, and seal shall be
156	evidence of the authenticity of that to which they are affixed.
157	Final plans, specifications, or reports prepared or issued by a
158	registered architect may be transmitted electronically and may
159	be signed by the registered architect, dated, and sealed
160	electronically with the seal in accordance with ss. 668.001-
161	668.006.
162	(3)(b)  The board shall adopt a rule prescribing the
163	distinctly different seals to be used by registered interior
164	designers holding valid certificates of registration. Each
165	registered interior designer shall obtain a seal as prescribed
166	by the board, and all drawings, plans, specifications, or
167	reports prepared or issued by the registered interior designer
168	and being filed for public record shall bear the signature and
169	seal of the registered interior designer who prepared or
170	approved the document and the date on which they were sealed.
171	The signature, date, and seal shall be evidence of the
172	authenticity of that to which they are affixed. Final plans,
173	specifications, or reports prepared or issued by a registered
174	interior designer may be transmitted electronically and may be
175	signed by the registered interior designer, dated, and sealed
176	electronically with the seal in accordance with ss. 668.001-
177	668.006.
178	(4)(2)  No registered architect shall affix, or permit to
179	be affixed, her or his seal or signature to any final
180	construction document or instrument of service which includes
181	any plan, specification, drawing, or other document which
182	depicts work which she or he is not competent to perform.
183	(5)(3)  No registered interior designer shall affix, or
184	permit to be affixed, her or his seal or signature to any plan,
185	specification, drawing, or other document which depicts work
186	which she or he is not competent or licensed to perform.
187	(6)(4)  No registered architect shall affix her or his
188	signature or seal to any final construction document or
189	instrument of service which includes drawings, plans,
190	specifications, or architectural documents which were not
191	prepared by her or him or under her or his responsible
192	supervising control or by another registered architect and
193	reviewed, approved, or modified and adopted by her or him as her
194	or his own work according to rules adopted by the board.
195	(7)(5)  No registered interior designer shall affix her or
196	his signature or seal to any plans, specifications, or other
197	documents which were not prepared by her or him or under her or
198	his responsible supervising control or by another registered
199	interior designer and reviewed, approved, or modified and
200	adopted by her or him as her or his own work according to rules
201	adopted by the board.
202	(8)(6)  Final construction documents or instruments of
203	service which include plans, drawings, specifications, or other
204	architectural documents prepared by a registered architect as
205	part of her or his architectural practice shall be of a
206	sufficiently high standard to clearly and accurately indicate or
207	illustrate all essential parts of the work to which they refer.
208	(9)(7)  Studies, drawings, specifications, and other
209	related documents prepared by a registered interior designer in
210	providing interior design services shall be of a sufficiently
211	high standard to clearly and accurately indicate all essential
212	parts of the work to which they refer.
213	(10)(8)  Each registered architect or interior designer,
214	and each corporation, limited liability company, or partnership
215	holding a certificate of authorization, shall include its
216	certificate number in any newspaper, telephone directory, or
217	other advertising medium used by the registered architect,
218	interior designer, corporation, limited liability company, or
219	partnership. A corporation, limited liability company, or
220	partnership is not required to display the certificate number of
221	individual registered architects or interior designers employed
222	by or working within the corporation, limited liability company,
223	or partnership.
224	(11)(9)  When the certificate of registration of a
225	registered architect or interior designer has been revoked or
226	suspended by the board, the registered architect or interior
227	designer shall surrender her or his seal to the secretary of the
228	board within a period of 30 days after the revocation or
229	suspension has become effective. If the certificate of the
230	registered architect or interior designer has been suspended for
231	a period of time, her or his seal shall be returned to her or
232	him upon expiration of the suspension period.
233	(12)  A person may not sign and seal by any means any final
234	plan, specification, or report after her or his certificate of
235	registration has expired or is suspended or revoked. A
236	registered architect or interior designer whose certificate of
237	registration is suspended or revoked shall, within 30 days after
238	the effective date of the suspension or revocation, surrender
239	her or his seal to the executive director of the board and
240	confirm in writing to the executive director the cancellation of
241	the registered architect's or interior designer's electronic
242	signature in accordance with ss. 668.001-668.006. When a
243	registered architect's or interior designer's certificate of
244	registration is suspended for a period of time, her or his seal
245	shall be returned upon expiration of the period of suspension.
246	Section 3.  Paragraphs (b) and (g) of subsection (1) of
247	section 481.225, Florida Statutes, are amended to read:
248	481.225  Disciplinary proceedings against registered
249	architects.--
250	(1)  The following acts constitute grounds for which the
251	disciplinary actions in subsection (3) may be taken:
252	(b)  Attempting to obtain or procure a license to practice
253	architecture by bribery or fraudulent misrepresentations.
254	(g)  Committing an act of fraud or deceit, or of
255	negligence, incompetency, or misconduct, in the practice of
256	architecture, including, but not limited to, allowing the
257	preparation of any architectural studies, plans, or other
258	instruments of service in an office that does not have a full-
259	time Florida registered architect assigned to such office or
260	failing to ensure the responsible supervising control of
261	services or projects, as required by board rule.
262	Section 4.  Paragraph (a) of subsection (5) of section
263	481.229, Florida Statutes, is amended to read:
264	481.229  Exceptions; exemptions from licensure.--
265	(5)(a)  Nothing contained in this part shall prevent a
266	registered architect or a partnership, limited liability
267	company, or corporation holding a valid certificate of
268	authorization to provide architectural services from performing
269	any interior design service or from using the title "interior
270	designer" or "registered interior designer."
271	Section 5.  This act shall take effect upon becoming a law.

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