HB 0699

1
A bill to be entitled
2An act relating to architecture, landscape architecture,
3and interior design; amending s. 481.219, F.S.; revising
4provisions on architectural and interior design services
5certifications to include applicability to limited
6liability companies; amending s. 481.221, F.S.; requiring
7the Board of Architecture and Interior Design to
8prescribe, by rule, one or more forms of seals for use by
9a registered architect or interior designer who holds a
10valid certificate of registration; authorizing use of one
11seal and registration of the seal electronically;
12authorizing electronic transmission and sealing of final
13plans, specifications, or reports; prohibiting signing or
14sealing of final plans, specifications, or reports after
15expiration, suspension, or revocation of certificate of
16registration; requiring surrender of the seal upon
17suspension or revocation of the certificate of
18registration; amending s. 481.225, F.S.; revising grounds
19for disciplinary actions relating to the practice of
20architecture; amending s. 481.2251, F.S.; revising grounds
21for disciplinary proceedings relating to the practice of
22interior design; amending s. 481.229, F.S.; revising an
23exemption relating to interior design services and titles
24to include applicability to certain limited liability
25companies; amending s. 481.321, F.S.; requiring the Board
26of Landscape Architecture to prescribe, by rule, one or
27more forms of seals for use by a registered landscape
28architect who holds a valid certificate of registration;
29authorizing use of one seal and registration of the seal
30electronically; authorizing electronic transmission and
31sealing of final plans, specifications, or reports;
32prohibiting signing or sealing of final plans,
33specifications, or reports after expiration, suspension,
34or revocation of certificate of registration; requiring
35surrender of the seal upon suspension or revocation of the
36certificate of registration; reenacting s. 481.325(1)(a)
37and (3), F.S., relating to disciplinary proceedings
38against registered landscape architects, to incorporate
39the amendment to s. 481.321, F.S., in a reference thereto;
40providing an effective date.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  Section 481.219, Florida Statutes, is amended
45to read:
46     481.219  Certification of partnerships, limited liability
47companies, and corporations.--
48     (1)  The practice of or the offer to practice architecture
49or interior design by licensees through a corporation, limited
50liability company, or partnership offering architectural or
51interior design services to the public, or by a corporation,
52limited liability company, or partnership offering architectural
53or interior design services to the public through licensees
54under this part as agents, employees, officers, or partners, is
55permitted, subject to the provisions of this section.
56     (2)  For the purposes of this section, a certificate of
57authorization shall be required for a corporation, limited
58liability company, partnership, or person practicing under a
59fictitious name, offering architectural services to the public
60jointly or separately. However, when an individual is practicing
61architecture in her or his own name, she or he shall not be
62required to be certified under this section. Certification under
63this subsection to offer architectural services shall include
64all 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
67authorization shall be required for a corporation, limited
68liability company, partnership, or person operating under a
69fictitious name, offering interior design services to the public
70jointly or separately. However, when an individual is practicing
71interior design in her or his own name, she or he shall not be
72required to be certified under this section.
73     (4)  All final construction documents and instruments of
74service which include drawings, specifications, plans, reports,
75or other papers or documents involving the practice of
76architecture which are prepared or approved for the use of the
77corporation, limited liability company, or partnership and filed
78for public record within the state shall bear the signature and
79seal of the licensee who prepared or approved them and the date
80on which they were sealed.
81     (5)  All drawings, specifications, plans, reports, or other
82papers or documents prepared or approved for the use of the
83corporation, limited liability company, or partnership by an
84interior designer in her or his professional capacity and filed
85for public record within the state shall bear the signature and
86seal of the licensee who prepared or approved them and the date
87on which they were sealed.
88     (6)  The department shall issue a certificate of
89authorization to any applicant who the board certifies as
90qualified for a certificate of authorization and who has paid
91the fee set in s. 481.207.
92     (7)  The board shall certify an applicant as qualified for
93a certificate of authorization to offer architectural or
94interior design services, provided that:
95     (a)  One or more of the principal officers of the
96corporation or limited liability company, or one or more
97partners of the partnership, and all personnel of the
98corporation, limited liability company, or partnership who act
99in its behalf in this state as architects, are registered as
100provided by this part; or
101     (b)  One or more of the principal officers of the
102corporation or one or more partners of the partnership, and all
103personnel of the corporation, limited liability company, or
104partnership who act in its behalf in this state as interior
105designers, are registered as provided by this part.
106     (8)  The department shall adopt rules establishing a
107procedure for the biennial renewal of certificates of
108authorization.
109     (9)  The department shall renew a certificate of
110authorization upon receipt of the renewal application and
111biennial renewal fee.
112     (10)  Each partnership, limited liability company, and
113corporation certified under this section shall notify the
114department within 30 days of any change in the information
115contained in the application upon which the certification is
116based. Any registered architect or interior designer who
117qualifies the corporation, limited liability company, or
118partnership as provided in subsection (7) shall be responsible
119for ensuring responsible supervising control of projects of the
120entity and upon termination of who terminates her or his
121employment with a partnership, limited liability company, or
122corporation certified under this section shall notify the
123department of the termination within 30 days.
124     (11)  No corporation, limited liability company, or
125partnership shall be relieved of responsibility for the conduct
126or acts of its agents, employees, or officers by reason of its
127compliance with this section. However, the architect who signs
128and seals the construction documents and instruments of service
129shall be liable for the professional services performed, and the
130interior designer who signs and seals the interior design
131drawings, plans, or specifications shall be liable for the
132professional services performed.
133     (12)  Disciplinary action against a corporation, limited
134liability company, or partnership shall be administered in the
135same manner and on the same grounds as disciplinary action
136against a registered architect or interior designer,
137respectively.
138     (13)  Nothing in this section shall be construed to mean
139that a certificate of registration to practice architecture or
140interior design shall be held by a corporation, limited
141liability company, or partnership. Nothing in this section
142prohibits corporations, limited liability companies, and
143partnerships from joining together to offer architectural,
144engineering, interior design, surveying and mapping, and
145landscape architectural services, or any combination of such
146services, to the public, provided that each corporation, limited
147liability company, or partnership otherwise meets the
148requirements of law.
149     (14)  Corporations, limited liability companies, or
150partnerships holding a valid certificate of authorization to
151practice architecture shall be permitted to use in their title
152the term "interior designer" or "registered interior designer."
153     Section 2.  Section 481.221, Florida Statutes, is amended
154to read:
155     481.221  Seals; display of certificate number.--
156     (1)  The board shall prescribe, by rule, one or more forms
157of distinctively different seals to be used by registered
158architects and interior designers, respectively, holding valid
159certificates of registration.
160     (2)(a)  Each registered architect shall obtain one an
161impression-type metal seal in a form approved by rule of the
162board and may, in addition, register her or his seal
163electronically in accordance with ss. 668.001-668.006.,and All
164final construction documents and instruments of service which
165include drawings, plans, specifications, or reports prepared or
166issued by the registered architect and being filed for public
167record shall bear the signature and seal of the registered
168architect who prepared or approved the document and the date on
169which they were sealed. The signature, date, and seal shall be
170evidence of the authenticity of that to which they are affixed.
171Final plans, specifications, or reports prepared or issued by a
172registered architect may be transmitted electronically and may
173be signed by the registered architect, dated, and sealed
174electronically with the seal in accordance with ss. 668.001-
175668.006.
176     (3)(b)  The board shall adopt a rule prescribing the
177distinctly different seals to be used by registered interior
178designers holding valid certificates of registration. Each
179registered interior designer shall obtain a seal as prescribed
180by the board, and all drawings, plans, specifications, or
181reports prepared or issued by the registered interior designer
182and being filed for public record shall bear the signature and
183seal of the registered interior designer who prepared or
184approved the document and the date on which they were sealed.
185The signature, date, and seal shall be evidence of the
186authenticity of that to which they are affixed. Final plans,
187specifications, or reports prepared or issued by a registered
188interior designer may be transmitted electronically and may be
189signed by the registered interior designer, dated, and sealed
190electronically with the seal in accordance with ss. 668.001-
191668.006.
192     (4)(2)  No registered architect shall affix, or permit to
193be affixed, her or his seal or signature to any final
194construction document or instrument of service which includes
195any plan, specification, drawing, or other document which
196depicts work which she or he is not competent to perform.
197     (5)(3)  No registered interior designer shall affix, or
198permit to be affixed, her or his seal or signature to any plan,
199specification, drawing, or other document which depicts work
200which she or he is not competent or licensed to perform.
201     (6)(4)  No registered architect shall affix her or his
202signature or seal to any final construction document or
203instrument of service which includes drawings, plans,
204specifications, or architectural documents which were not
205prepared by her or him or under her or his responsible
206supervising control or by another registered architect and
207reviewed, approved, or modified and adopted by her or him as her
208or his own work according to rules adopted by the board.
209     (7)(5)  No registered interior designer shall affix her or
210his signature or seal to any plans, specifications, or other
211documents which were not prepared by her or him or under her or
212his responsible supervising control or by another registered
213interior designer and reviewed, approved, or modified and
214adopted by her or him as her or his own work according to rules
215adopted by the board.
216     (8)(6)  Final construction documents or instruments of
217service which include plans, drawings, specifications, or other
218architectural documents prepared by a registered architect as
219part of her or his architectural practice shall be of a
220sufficiently high standard to clearly and accurately indicate or
221illustrate all essential parts of the work to which they refer.
222     (9)(7)  Studies, drawings, specifications, and other
223related documents prepared by a registered interior designer in
224providing interior design services shall be of a sufficiently
225high standard to clearly and accurately indicate all essential
226parts of the work to which they refer.
227     (10)(8)  Each registered architect or interior designer,
228and each corporation, limited liability company, or partnership
229holding a certificate of authorization, shall include its
230certificate number in any newspaper, telephone directory, or
231other advertising medium used by the registered architect,
232interior designer, corporation, limited liability company, or
233partnership. A corporation, limited liability company, or
234partnership is not required to display the certificate number of
235individual registered architects or interior designers employed
236by or working within the corporation, limited liability company,
237or partnership.
238     (11)(9)  When the certificate of registration of a
239registered architect or interior designer has been revoked or
240suspended by the board, the registered architect or interior
241designer shall surrender her or his seal to the secretary of the
242board within a period of 30 days after the revocation or
243suspension has become effective. If the certificate of the
244registered architect or interior designer has been suspended for
245a period of time, her or his seal shall be returned to her or
246him upon expiration of the suspension period.
247     (12)  A person may not sign and seal by any means any final
248plan, specification, or report after her or his certificate of
249registration has expired or is suspended or revoked. A
250registered architect or interior designer whose certificate of
251registration is suspended or revoked shall, within 30 days after
252the effective date of the suspension or revocation, surrender
253her or his seal to the executive director of the board and
254confirm in writing to the executive director the cancellation of
255the registered architect's or interior designer's electronic
256signature in accordance with ss. 668.001-668.006. When a
257registered architect's or interior designer's certificate of
258registration is suspended for a period of time, her or his seal
259shall be returned upon expiration of the period of suspension.
260     Section 3.  Paragraphs (b) and (g) of subsection (1) of
261section 481.225, Florida Statutes, are amended to read:
262     481.225  Disciplinary proceedings against registered
263architects.--
264     (1)  The following acts constitute grounds for which the
265disciplinary actions in subsection (3) may be taken:
266     (b)  Attempting to obtain or procure a license to practice
267architecture by bribery or fraudulent misrepresentations.
268     (g)  Committing an act of fraud or deceit, or of
269negligence, incompetency, or misconduct, in the practice of
270architecture, including, but not limited to, allowing the
271preparation of any architectural studies, plans, or other
272instruments of service in an office that does not have a full-
273time Florida-registered architect assigned to such office or
274failing to ensure the responsible supervising control of
275services or projects, as required by board rule.
276     Section 4.  Paragraphs (m) and (n) of subsection (1) of
277section 481.2251, Florida Statutes, are amended, and paragraph
278(o) is added to said subsection, to read:
279     481.2251  Disciplinary proceedings against registered
280interior designers.--
281     (1)  The following acts constitute grounds for which the
282disciplinary actions specified in subsection (2) may be taken:
283     (m)  Acceptance of compensation or any consideration by an
284interior designer from someone other than the client without
285full disclosure of the compensation or consideration amount or
286value to the client prior to the engagement for services, in
287violation of s. 481.2131(2); or
288     (n)  Rendering or offering to render architectural
289services; or.
290     (o)  Committing an act of fraud or deceit, or of
291negligence, incompetency, or misconduct, in the practice of
292interior design, including, but not limited to, allowing the
293preparation of any interior design studies, plans, or other
294instruments of service in an office that does not have a full-
295time Florida-registered interior designer assigned to such
296office or failing to exercise responsible supervisory control
297over services or projects, as required by board rule.
298     Section 5.  Paragraph (a) of subsection (5) of section
299481.229, Florida Statutes, is amended to read:
300     481.229  Exceptions; exemptions from licensure.--
301     (5)(a)  Nothing contained in this part shall prevent a
302registered architect or a partnership, limited liability
303company, or corporation holding a valid certificate of
304authorization to provide architectural services from performing
305any interior design service or from using the title "interior
306designer" or "registered interior designer."
307     Section 6.  Subsections (1) and (2) of section 481.321,
308Florida 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
311of seals for use a form of seal to be used by a registered
312landscape architect who holds a valid certificate of
313registration. Each registered landscape architect shall obtain
314one an impression-type metal seal in a form approved by rule of
315the board and may, in addition, register her or his seal
316electronically in accordance with ss. 668.001-668.006., and All
317final plans, specifications, or reports prepared or issued by
318the registered landscape architect and filed for public record
319shall be signed by the registered landscape architect, dated,
320and stamped or sealed electronically with her or his seal. The
321signature, date, and seal constitute evidence of the
322authenticity of that to which they are affixed. Final plans,
323specifications, or reports prepared or issued by a registered
324landscape architect may be transmitted electronically and may be
325signed by the registered landscape architect, dated, and sealed
326electronically with the seal in accordance with ss. 668.001-
327668.006.
328     (2)  It is unlawful for any person to sign and seal by any
329means any final plan, specification, or report after her or his
330certificate of registration is expired, suspended, or revoked. A
331registered landscape architect whose certificate of registration
332is suspended or revoked shall, within 30 days after the
333effective date of the suspension or revocation, surrender her or
334his seal to the executive director of the board and confirm in
335writing to the executive director the cancellation of the
336landscape architect's electronic signature in accordance with
337ss. 668.001-668.006. When a landscape architect's certificate of
338registration is suspended for a period of time, her or his seal
339shall be returned upon expiration of the period of suspension.
340When the certificate of registration of a registered landscape
341architect has been revoked or suspended by the board, the
342registered landscape architect shall surrender her or his seal
343to the executive director of the board within 30 days after the
344revocation or suspension has become effective. If the
345certificate of the registered landscape architect is suspended
346for a period of time, her or his seal shall be returned to her
347or him upon expiration of the suspension period.
348     Section 7.  For the purpose of incorporating the amendment
349to section 481.321, Florida Statutes, in a reference thereto,
350paragraph (a) of subsection (1) and subsection (3) of section
351481.325, Florida Statutes, are reenacted to read:
352     481.325  Disciplinary proceedings.--
353     (1)  The following acts constitute grounds for which the
354disciplinary actions in subsection (3) may be taken:
355     (a)  Violation of any provision of s. 455.227(1), s.
356481.321, or s. 481.323.
357     (3)  When the board finds any registered landscape
358architect guilty of any of the grounds set forth in subsection
359(1), it may enter an order imposing one or more of the following
360penalties:
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
366Florida Building Code as reported by a local jurisdiction.
367     (d)  Issuance of a reprimand.
368     (e)  Placement of the registered landscape architect on
369probation for a period of time and subject to such conditions as
370the board may specify, including requiring the registered
371landscape architect to attend continuing education courses or to
372work under the supervision of another registered landscape
373architect.
374     (f)  Restriction of the authorized scope of practice by the
375registered landscape architect.
376     Section 8.  This act shall take effect upon becoming a law.


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