HB 1135

1
A bill to be entitled
2An act relating to the practice of architecture; amending
3s. 481.203, F.S.; defining "administration of construction
4contracts"; amending s. 481.223, F.S.; authorizing certain
5architects to use the title "Architect, Retired";
6prohibiting a person from applying for a construction
7permit or constructing or allowing the construction of any
8structure requiring the services of a registered architect
9under certain circumstances, for which there are
10penalties; amending s. 481.225, F.S.; providing grounds
11for disciplinary action relating to the reporting of
12construction contract administration services; amending s.
13481.229, F.S.; providing an exemption for certain
14professional engineers; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsection (16) is added to section 481.203,
19Florida Statutes, to read:
20     481.203  Definitions.--As used in this part:
21     (16)  "Administration of construction contracts" means:
22     (a)  The visitation of the construction site as often as
23necessary to observe the construction work to determine that the
24work is proceeding in accordance with the technical submissions
25submitted to the building official and approved under the terms
26of the building permit;
27     (b)  The processing of shop drawings, product samples, and
28other submittals in connection with the construction work; and
29     (c)  The notification of the project owner and the
30appropriate building official of construction changes that
31affect building code compliance, code violations, or substantial
32differences between the technical submittals approved by the
33building official and ongoing construction or any construction
34deviation that constitutes a hazard to the public.
35     Section 2.  Paragraphs (a), (g), and (h) of subsection (1)
36of section 481.223, Florida Statutes, are amended, and paragraph
37(i) is added to that subsection, to read:
38     481.223  Prohibitions; penalties; injunctive relief.--
39     (1)  A person may not knowingly:
40     (a)  Practice architecture unless the person is an
41architect or a registered architect; however, an architect who
42has been licensed by the board and who chooses to relinquish or
43not to renew his or her license may use the title "Architect,
44Retired" but may not otherwise render any architectural
45services;
46     (g)  Employ unlicensed persons to practice architecture or
47interior design; or
48     (h)  Conceal information relative to violations of this
49part; or
50     (i)  Apply for a construction permit or construct or allow
51the construction of any structure requiring the services of a
52registered architect under this part, unless the person has
53employed or assured the employment of a registered architect to
54provide the administration of the construction contract.
55     Section 3.  Paragraphs (m) and (n) are added to subsection
56(1) of section 481.225, Florida Statutes, to read:
57     481.225  Disciplinary proceedings against registered
58architects.--
59     (1)  The following acts constitute grounds for which the
60disciplinary actions in subsection (3) may be taken:
61     (m)  Failing to report to the appropriate building
62official, in writing, whether he or she has been employed to
63perform construction contract administration services, as
64described in s. 481.203(16), on or before the date that
65technical submissions for the work are provided to the building
66official.
67     (n)  Failing to report to the board construction work
68proceeding without the employment of an architect performing
69construction contract administration services, as described in
70s. 481.203(16).
71     Section 4.  Subsection (8) is added to section 481.229,
72Florida Statutes, to read:
73     481.229  Exceptions; exemptions from licensure.--
74     (8)  Nothing in this part shall be construed as precluding
75the employment of a qualified professional engineer to perform
76construction contract administration services relative to the
77engineering technical submittals for a construction project.
78     Section 5.  This act shall take effect July 1, 2006.


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