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