HB 0699CS

CHAMBER ACTION



1The Commerce Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to architecture, landscape architecture,
7and interior design; amending s. 481.219, F.S.; revising
8provisions on architectural and interior design services
9certifications to include applicability to limited
10liability companies; amending s. 481.221, F.S.; requiring
11the Board of Architecture and Interior Design to
12prescribe, by rule, one or more forms of seals for use by
13a registered architect or interior designer who holds a
14valid certificate of registration; authorizing use of one
15seal and registration of the seal electronically;
16authorizing electronic transmission and sealing of final
17plans, specifications, or reports; prohibiting signing or
18sealing of final plans, specifications, or reports after
19expiration, suspension, or revocation of certificate of
20registration; requiring surrender of the seal upon
21suspension or revocation of the certificate of
22registration; amending s. 481.225, F.S.; revising grounds
23for disciplinary actions relating to the practice of
24architecture; amending s. 481.2251, F.S.; revising grounds
25for disciplinary proceedings relating to the practice of
26interior design; amending s. 481.229, F.S.; revising an
27exemption relating to interior design services and titles
28to include applicability to certain limited liability
29companies; amending s. 481.321, F.S.; requiring the Board
30of Landscape Architecture to prescribe, by rule, one or
31more forms of seals for use by a registered landscape
32architect who holds a valid certificate of registration;
33authorizing use of one seal and registration of the seal
34electronically; authorizing electronic transmission and
35sealing of final plans, specifications, or reports;
36prohibiting signing or sealing of final plans,
37specifications, or reports after expiration, suspension,
38or revocation of certificate of registration; requiring
39surrender of the seal upon suspension or revocation of the
40certificate of registration; reenacting s. 481.325(1)(a)
41and (3), F.S., relating to disciplinary proceedings
42against registered landscape architects, to incorporate
43the amendment to s. 481.321, F.S., in a reference thereto;
44providing an effective date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Section 481.219, Florida Statutes, is amended
49to read:
50     481.219  Certification of partnerships, limited liability
51companies, and corporations.--
52     (1)  The practice of or the offer to practice architecture
53or interior design by licensees through a corporation, limited
54liability company, or partnership offering architectural or
55interior design services to the public, or by a corporation,
56limited liability company, or partnership offering architectural
57or interior design services to the public through licensees
58under this part as agents, employees, officers, or partners, is
59permitted, subject to the provisions of this section.
60     (2)  For the purposes of this section, a certificate of
61authorization shall be required for a corporation, limited
62liability company, partnership, or person practicing under a
63fictitious name, offering architectural services to the public
64jointly or separately. However, when an individual is practicing
65architecture in her or his own name, she or he shall not be
66required to be certified under this section. Certification under
67this subsection to offer architectural services shall include
68all the rights and privileges of certification under subsection
69(3) to offer interior design services.
70     (3)  For the purposes of this section, a certificate of
71authorization shall be required for a corporation, limited
72liability company, partnership, or person operating under a
73fictitious name, offering interior design services to the public
74jointly or separately. However, when an individual is practicing
75interior design in her or his own name, she or he shall not be
76required to be certified under this section.
77     (4)  All final construction documents and instruments of
78service which include drawings, specifications, plans, reports,
79or other papers or documents involving the practice of
80architecture which are prepared or approved for the use of the
81corporation, limited liability company, or partnership and filed
82for public record within the state shall bear the signature and
83seal of the licensee who prepared or approved them and the date
84on which they were sealed.
85     (5)  All drawings, specifications, plans, reports, or other
86papers or documents prepared or approved for the use of the
87corporation, limited liability company, or partnership by an
88interior designer in her or his professional capacity and filed
89for public record within the state shall bear the signature and
90seal of the licensee who prepared or approved them and the date
91on which they were sealed.
92     (6)  The department shall issue a certificate of
93authorization to any applicant who the board certifies as
94qualified for a certificate of authorization and who has paid
95the fee set in s. 481.207.
96     (7)  The board shall certify an applicant as qualified for
97a certificate of authorization to offer architectural or
98interior design services, provided that:
99     (a)  One or more of the principal officers of the
100corporation or limited liability company, or one or more
101partners of the partnership, and all personnel of the
102corporation, limited liability company, or partnership who act
103in its behalf in this state as architects, are registered as
104provided by this part; or
105     (b)  One or more of the principal officers of the
106corporation or one or more partners of the partnership, and all
107personnel of the corporation, limited liability company, or
108partnership who act in its behalf in this state as interior
109designers, are registered as provided by this part.
110     (8)  The department shall adopt rules establishing a
111procedure for the biennial renewal of certificates of
112authorization.
113     (9)  The department shall renew a certificate of
114authorization upon receipt of the renewal application and
115biennial renewal fee.
116     (10)  Each partnership, limited liability company, and
117corporation certified under this section shall notify the
118department within 30 days of any change in the information
119contained in the application upon which the certification is
120based. Any registered architect or interior designer who
121qualifies the corporation, limited liability company, or
122partnership as provided in subsection (7) shall be responsible
123for ensuring responsible supervising control of projects of the
124entity and upon termination of who terminates her or his
125employment with a partnership, limited liability company, or
126corporation certified under this section shall notify the
127department of the termination within 30 days.
128     (11)  No corporation, limited liability company, or
129partnership shall be relieved of responsibility for the conduct
130or acts of its agents, employees, or officers by reason of its
131compliance with this section. However, the architect who signs
132and seals the construction documents and instruments of service
133shall be liable for the professional services performed, and the
134interior designer who signs and seals the interior design
135drawings, plans, or specifications shall be liable for the
136professional services performed.
137     (12)  Disciplinary action against a corporation, limited
138liability company, or partnership shall be administered in the
139same manner and on the same grounds as disciplinary action
140against a registered architect or interior designer,
141respectively.
142     (13)  Nothing in this section shall be construed to mean
143that a certificate of registration to practice architecture or
144interior design shall be held by a corporation, limited
145liability company, or partnership. Nothing in this section
146prohibits corporations, limited liability companies, and
147partnerships from joining together to offer architectural,
148engineering, interior design, surveying and mapping, and
149landscape architectural services, or any combination of such
150services, to the public, provided that each corporation, limited
151liability company, or partnership otherwise meets the
152requirements of law.
153     (14)  Corporations, limited liability companies, or
154partnerships holding a valid certificate of authorization to
155practice architecture shall be permitted to use in their title
156the term "interior designer" or "registered interior designer."
157     Section 2.  Section 481.221, Florida Statutes, is amended
158to read:
159     481.221  Seals; display of certificate number.--
160     (1)  The board shall prescribe, by rule, one or more forms
161of distinctively different seals to be used by registered
162architects and interior designers, respectively, holding valid
163certificates of registration.
164     (2)(a)  Each registered architect shall obtain one an
165impression-type metal seal in a form approved by rule of the
166board and may, in addition, register her or his seal
167electronically in accordance with ss. 668.001-668.006.,and All
168final construction documents and instruments of service which
169include drawings, plans, specifications, or reports prepared or
170issued by the registered architect and being filed for public
171record shall bear the signature and seal of the registered
172architect who prepared or approved the document and the date on
173which they were sealed. The signature, date, and seal shall be
174evidence of the authenticity of that to which they are affixed.
175Final plans, specifications, or reports prepared or issued by a
176registered architect may be transmitted electronically and may
177be signed by the registered architect, dated, and sealed
178electronically with the seal in accordance with ss. 668.001-
179668.006.
180     (3)(b)  The board shall adopt a rule prescribing the
181distinctly different seals to be used by registered interior
182designers holding valid certificates of registration. Each
183registered interior designer shall obtain a seal as prescribed
184by the board, and all drawings, plans, specifications, or
185reports prepared or issued by the registered interior designer
186and being filed for public record shall bear the signature and
187seal of the registered interior designer who prepared or
188approved the document and the date on which they were sealed.
189The signature, date, and seal shall be evidence of the
190authenticity of that to which they are affixed. Final plans,
191specifications, or reports prepared or issued by a registered
192interior designer may be transmitted electronically and may be
193signed by the registered interior designer, dated, and sealed
194electronically with the seal in accordance with ss. 668.001-
195668.006.
196     (4)(2)  No registered architect shall affix, or permit to
197be affixed, her or his seal or signature to any final
198construction document or instrument of service which includes
199any plan, specification, drawing, or other document which
200depicts work which she or he is not competent to perform.
201     (5)(3)  No registered interior designer shall affix, or
202permit to be affixed, her or his seal or signature to any plan,
203specification, drawing, or other document which depicts work
204which she or he is not competent or licensed to perform.
205     (6)(4)  No registered architect shall affix her or his
206signature or seal to any final construction document or
207instrument of service which includes drawings, plans,
208specifications, or architectural documents which were not
209prepared by her or him or under her or his responsible
210supervising control or by another registered architect and
211reviewed, approved, or modified and adopted by her or him as her
212or his own work according to rules adopted by the board.
213     (7)(5)  No registered interior designer shall affix her or
214his signature or seal to any plans, specifications, or other
215documents which were not prepared by her or him or under her or
216his responsible supervising control or by another registered
217interior designer and reviewed, approved, or modified and
218adopted by her or him as her or his own work according to rules
219adopted by the board.
220     (8)(6)  Final construction documents or instruments of
221service which include plans, drawings, specifications, or other
222architectural documents prepared by a registered architect as
223part of her or his architectural practice shall be of a
224sufficiently high standard to clearly and accurately indicate or
225illustrate all essential parts of the work to which they refer.
226     (9)(7)  Studies, drawings, specifications, and other
227related documents prepared by a registered interior designer in
228providing interior design services shall be of a sufficiently
229high standard to clearly and accurately indicate all essential
230parts of the work to which they refer.
231     (10)(8)  Each registered architect or interior designer,
232and each corporation, limited liability company, or partnership
233holding a certificate of authorization, shall include its
234certificate number in any newspaper, telephone directory, or
235other advertising medium used by the registered architect,
236interior designer, corporation, limited liability company, or
237partnership. A corporation, limited liability company, or
238partnership is not required to display the certificate number of
239individual registered architects or interior designers employed
240by or working within the corporation, limited liability company,
241or partnership.
242     (11)(9)  When the certificate of registration of a
243registered architect or interior designer has been revoked or
244suspended by the board, the registered architect or interior
245designer shall surrender her or his seal to the secretary of the
246board within a period of 30 days after the revocation or
247suspension has become effective. If the certificate of the
248registered architect or interior designer has been suspended for
249a period of time, her or his seal shall be returned to her or
250him upon expiration of the suspension period.
251     (12)  A person may not sign and seal by any means any final
252plan, specification, or report after her or his certificate of
253registration has expired or is suspended or revoked. A
254registered architect or interior designer whose certificate of
255registration is suspended or revoked shall, within 30 days after
256the effective date of the suspension or revocation, surrender
257her or his seal to the executive director of the board and
258confirm in writing to the executive director the cancellation of
259the registered architect's or interior designer's electronic
260signature in accordance with ss. 668.001-668.006. When a
261registered architect's or interior designer's certificate of
262registration is suspended for a period of time, her or his seal
263shall be returned upon expiration of the period of suspension.
264     Section 3.  Paragraphs (b) and (g) of subsection (1) of
265section 481.225, Florida Statutes, are amended to read:
266     481.225  Disciplinary proceedings against registered
267architects.--
268     (1)  The following acts constitute grounds for which the
269disciplinary actions in subsection (3) may be taken:
270     (b)  Attempting to obtain or procure a license to practice
271architecture by bribery or fraudulent misrepresentations.
272     (g)  Committing an act of fraud or deceit, or of
273negligence, incompetency, or misconduct, in the practice of
274architecture, including, but not limited to, allowing the
275preparation of any architectural studies, plans, or other
276instruments of service in an office that does not have a full-
277time Florida-registered architect assigned to such office or
278failing to ensure the responsible supervising control of
279services or projects, as required by board rule.
280     Section 4.  Paragraphs (m) and (n) of subsection (1) of
281section 481.2251, Florida Statutes, are amended, and paragraph
282(o) is added to said subsection, to read:
283     481.2251  Disciplinary proceedings against registered
284interior designers.--
285     (1)  The following acts constitute grounds for which the
286disciplinary actions specified in subsection (2) may be taken:
287     (m)  Acceptance of compensation or any consideration by an
288interior designer from someone other than the client without
289full disclosure of the compensation or consideration amount or
290value to the client prior to the engagement for services, in
291violation of s. 481.2131(2); or
292     (n)  Rendering or offering to render architectural
293services; or.
294     (o)  Committing an act of fraud or deceit, or of
295negligence, incompetency, or misconduct, in the practice of
296interior design, including, but not limited to, allowing the
297preparation of any interior design studies, plans, or other
298instruments of service in an office that does not have a full-
299time Florida-registered interior designer assigned to such
300office or failing to exercise responsible supervisory control
301over services or projects, as required by board rule.
302     Section 5.  Paragraph (a) of subsection (5) of section
303481.229, Florida Statutes, is amended to read:
304     481.229  Exceptions; exemptions from licensure.--
305     (5)(a)  Nothing contained in this part shall prevent a
306registered architect or a partnership, limited liability
307company, or corporation holding a valid certificate of
308authorization to provide architectural services from performing
309any interior design service or from using the title "interior
310designer" or "registered interior designer."
311     Section 6.  Subsections (1) and (2) of section 481.321,
312Florida Statutes, are amended to read:
313     481.321  Seals; display of certificate number.--
314     (1)  The board shall prescribe, by rule, one or more forms
315of seals for use a form of seal to be used by a registered
316landscape architect who holds a valid certificate of
317registration. Each registered landscape architect shall obtain
318one an impression-type metal seal in a form approved by rule of
319the board and may, in addition, register her or his seal
320electronically in accordance with ss. 668.001-668.006., and All
321final plans, specifications, or reports prepared or issued by
322the registered landscape architect and filed for public record
323shall be signed by the registered landscape architect, dated,
324and stamped or sealed electronically with her or his seal. The
325signature, date, and seal constitute evidence of the
326authenticity of that to which they are affixed. Final plans,
327specifications, or reports prepared or issued by a registered
328landscape architect may be transmitted electronically and may be
329signed by the registered landscape architect, dated, and sealed
330electronically with the seal in accordance with ss. 668.001-
331668.006.
332     (2)  It is unlawful for any person to sign and seal by any
333means any final plan, specification, or report after her or his
334certificate of registration is expired, suspended, or revoked. A
335registered landscape architect whose certificate of registration
336is suspended or revoked shall, within 30 days after the
337effective date of the suspension or revocation, surrender her or
338his seal to the executive director of the board and confirm in
339writing to the executive director the cancellation of the
340landscape architect's electronic signature in accordance with
341ss. 668.001-668.006. When a landscape architect's certificate of
342registration is suspended for a period of time, her or his seal
343shall be returned upon expiration of the period of suspension.
344When the certificate of registration of a registered landscape
345architect has been revoked or suspended by the board, the
346registered landscape architect shall surrender her or his seal
347to the executive director of the board within 30 days after the
348revocation or suspension has become effective. If the
349certificate of the registered landscape architect is suspended
350for a period of time, her or his seal shall be returned to her
351or him upon expiration of the suspension period.
352     Section 7.  For the purpose of incorporating the amendment
353to section 481.321, Florida Statutes, in a reference thereto,
354paragraph (a) of subsection (1) and subsection (3) of section
355481.325, Florida Statutes, are reenacted to read:
356     481.325  Disciplinary proceedings.--
357     (1)  The following acts constitute grounds for which the
358disciplinary actions in subsection (3) may be taken:
359     (a)  Violation of any provision of s. 455.227(1), s.
360481.321, or s. 481.323.
361     (3)  When the board finds any registered landscape
362architect guilty of any of the grounds set forth in subsection
363(1), it may enter an order imposing one or more of the following
364penalties:
365     (a)  Denial of an application for licensure.
366     (b)  Revocation or suspension of a license.
367     (c)  Imposition of an administrative fine not to exceed
368$1,000 for each count or separate offense and a fine of up to
369$5,000 for matters pertaining to a material violation of the
370Florida Building Code as reported by a local jurisdiction.
371     (d)  Issuance of a reprimand.
372     (e)  Placement of the registered landscape architect on
373probation for a period of time and subject to such conditions as
374the board may specify, including requiring the registered
375landscape architect to attend continuing education courses or to
376work under the supervision of another registered landscape
377architect.
378     (f)  Restriction of the authorized scope of practice by the
379registered landscape architect.
380     Section 8.  This act shall take effect upon becoming a law.


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