HB 5047

1	A bill to be entitled
2	An act relating to the Board of Architecture and Interior
3	Design; amending s. 481.205, F.S.; deleting delegation of
4	certain duties and authority of the Department of Business
5	and Professional Regulation under ss. 455.225, 455.228,
6	and 455.32, F.S., to the board; deleting the requirement
7	for the board to contract with a corporation or business
8	entity to provide investigative, legal, prosecutorial, and
9	other required services; deleting requirements for
10	recordkeeping by such corporation or business entity;
11	deleting authority of the board to use specified funds to
12	perform duties; deleting requirement for the board to
13	submit a separate annual budget request for funding
14	certain board activities; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 481.205, Florida Statutes, is amended
19	to read:
20	481.205  Board of Architecture and Interior Design.--
21	(1)  The Board of Architecture and Interior Design is
22	created within the Department of Business and Professional
23	Regulation. The board shall consist of 11 members. Five members
24	must be registered architects who have been engaged in the
25	practice of architecture for at least 5 years; three members
26	must be registered interior designers who have been offering
27	interior design services for at least 5 years and who are not
28	also registered architects; and three members must be laypersons
29	who are not, and have never been, architects, interior
30	designers, or members of any closely related profession or
31	occupation. At least one member of the board must be 60 years of
32	age or older.
33	(2)  Members shall be appointed for 4-year staggered terms.
34	(3)(a)  Notwithstanding the provisions of ss. 455.225,
35	455.228, and 455.32, the duties and authority of the department
36	to receive complaints and investigate and discipline persons
37	licensed under this part, including the ability to determine
38	legal sufficiency and probable cause; to initiate proceedings
39	and issue final orders for summary suspension or restriction of
40	a license pursuant to s. 120.60(6); to issue notices of
41	noncompliance, notices to cease and desist, subpoenas, and
42	citations; to retain legal counsel, investigators, or
43	prosecutorial staff in connection with the licensed practice of
44	architecture and interior design; and to investigate and deter
45	the unlicensed practice of architecture and interior design as
46	provided in s. 455.228 are delegated to the board. All
47	complaints and any information obtained pursuant to an
48	investigation authorized by the board are confidential and
49	exempt from s. 119.07(1) as provided in s. 455.225(2) and (10).
50	(b)  The board shall contract with a corporation or other
51	business entity pursuant to s. 287.057(3) to provide
52	investigative, legal, prosecutorial, and other services
53	necessary to perform its duties.
54	(c)  The corporation or business entity shall comply with
55	all the recordkeeping and reporting requirements of s. 455.32
56	applicable to the scope of the contract and shall report
57	directly to the board in lieu of the department. Records of the
58	corporation or other business entity contracting with the board
59	shall be considered public records as specified in s.
60	455.32(15).
61	(d)  Notwithstanding the provisions of s. 455.228, the
62	board may use funds in the unlicensed activity account
63	established under s. 455.2281 to perform its duties relating to
64	unlicensed activity under this subsection.
65	(e)  The board shall submit an annual budget request to the
66	Legislature for the purpose of funding its activities under this
67	subsection, which must be separate from the legislative budget
68	request submitted by the department to the Legislature pursuant
69	to s. 216.023.
70	(3)(4)  The board may establish by rule minimum procedures,
71	documentation, and other requirements for indicating evidence of
72	the exercise of responsible supervising control by a person
73	licensed under this part in connection with work performed both
74	inside and outside the licensee's office.
75	Section 2.  This act shall take effect July 1, 2008.

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