Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G1 - Board of Architecture and Interior Design › Chapter 61G1-12 - GROUNDS FOR DISCIPLINARY PROCEEDINGS › Section 61G1-12.004 - Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

Current through Reg. 50, No. 138; July 16, 2024
(1) The board
				sets forth below a range of disciplinary guidelines from which disciplinary
				penalties will be imposed upon practitioners guilty of violating Chapter 481,
				F.S. The purpose of the disciplinary guidelines is to give notice to licensees
				and registrants of the range of penalties which will normally be imposed upon
				violations of particular provisions of Chapter 481, F.S. The brief description
				of each violation is provided for quick reference and is not meant to convey
				all elements of any given statutory provision; the full language of each
				statutory provision cited must be consulted in order to determine the conduct
				involved. The disciplinary guidelines are based upon a single count violation
				of each provision listed. Multiple counts of violations of the same provision
				of Chapter 481, F.S., or the rules promulgated thereto, or other unrelated
				violations contained in the same administrative complaint will be grounds for
				enhancement of penalties. All penalties at the upper range of the sanctions set
				forth in the guidelines, i.e., suspension, revocation, etc., include lesser
				penalties, i.e., fine, probation or reprimand which may be included in the
				final penalty.
(2) The following
				disciplinary guidelines shall be followed by the board in imposing disciplinary
				penalties upon licensees for violation of the below mentioned statutes and
				rules:
VIOLATION
PENALTY RANGE
MINIMUM
MAXIMUM
(a) Failure to date plans.
(Section
							 481.221, F.S.)
First Offense
Reprimand (architects); Notice of non-compliance
							 (interior designers).
$250
Second Offense
$500 fine
Probation and $500 fine (architects); $500 fine and
							 removal from the state registry (interior designers).
Third Offense
Probation and $1, 000 fine (architects); $1, 000 fine
							 (interior designers).
Suspension and $5, 000 fine (architects); $2, 500
							 fine and removal from the state registry (interior designers).
(b) Signing, sealing or accepting responsibilities
							 for work not competent to perform in violation of.
(Sections
							 481.221(4),
							 (5), and
							 481.2251(1)(g),
							 F.S.)
First Offense
Reprimand and $1, 000 fine (architects); $500 fine
							 (interior designers).
$1, 000 fine and one (1) year suspension followed by
							 two (2) years probation (architects); $500 fine and removal from the state
							 registry (interior designers).
Second Offense
$2, 000 fine and (2) two years probation
							 (architects); $1, 000 fine (interior designers).
$3, 000 fine and two (2) years suspension followed by
							 two (2) years probation (architects); $1, 000 fine and removal from the state
							 registry (interior designers).
Third Offense
$5, 000 fine and one (1) year suspension followed by
							 two (2) years probation (architects); $2, 500 fine (interior designers).
$5, 000 fine and revocation (architects); $2, 500
							 fine and removal from the state registry (interior designers).
(c) "Plan stamping"
(Sections
							 481.221(6),
							 (7), F.S.)
First Offense
Reprimand and $2, 000 fine (architects); $500 fine
							 (interior designers).
$5, 000 fine and one (1) year suspension followed by
							 two (2) years probation (architects); $2, 500 fine and removal from the state
							 registry (interior designers).
Second Offense
$5, 000 fine, 1 year suspension followed by two (2)
							 years probation (architects); $2, 500 fine (interior designers).
$5, 000 fine and revocation (architects); $2, 500
							 fine and removal from the state registry (interior designers).
Third Offense
$5, 000 fine and revocation (architects); $2, 500
							 fine and removal from the state registry (interior designers).
(d) Plans not sufficiently detailed.
(Sections
							 481.221(8),
							 (9), F.S.)
First Offense
Reprimand, two (2) years probation and $1, 000 fine
							 (architects); $500 fine (interior designers).
$1, 000 fine and one (1) year suspension followed by
							 two years probation (architects); $500 fine and removal from the state registry
							 (interior designers).
Second Offense
$2, 000 fine and one (1) year suspension followed by
							 two years probation (architects); $1, 000 fine (interior designers).
$5, 000 fine, two (2) years suspension followed by
							 two (2) years probation (architects); $1, 000 fine and removal from the state
							 registry (interior designers).
Third Offense
$5, 000 fine and two (2) years suspension followed by
							 (2) years probation (architects); $2, 500 fine (interior designers).
$5, 000 fine and revocation (architects); $2, 500
							 fine and removal from the state registry (interior designers).
(e) Attempting to procure license or registration by
							 bribery or fraudulent misrepresentation.
(Sections
							 455.227(1)(h),
							 481.225(1)(b)
							 and 481.2251(1)(a),
							 F.S.)
First Offense
Revocation and $1, 000 fine if licensed (architects);
							 Removal from the state registry and $500 fine if registered (interior
							 designers) (denial of license or registration and refer to State Attorney if
							 not licensed or registered).
Revocation and $5, 000 fine (architects); $2, 500
							 fine and removal from state registry (interior designers).
(f) License disciplined by another
							 jurisdiction.
(Sections
							 455.227(1)(f),
							 481.225(1)(c),
							 and 481.2251(1)(b),
							 F.S.)
Same penalty as imposed in other jurisdiction or as
							 closely as possible to penalties set forth in Florida Statutes.
(g) Criminal conviction relating to Architecture or
							 interior design services.
(Sections
							 455.227(1)(c),
							 481.225(1)(d),
							 and 481.2251(1)(c),
							 F.S.)
First Offense
Misdemeanor:
Reprimand (architects); Notice of non-compliance
							 (interior designers).
Felony:
$1, 000 fine and one (1) year suspension, followed by
							 two (2) years probation (architects); $500 fine (interior designers).
$1, 000 fine, and one (1) year suspension followed by
							 two (2) years probation (architects); $500 fine (interior designers).
$1, 000 fine and revocation (architect); $1, 000 fine
							 and removal from the state registry (interior designers).
Second Offense
Misdemeanor:
$1, 000 fine (architects); $1, 000 fine (interior
							 designers).
Felony:
$1, 000 fine and revocation (architects); $1, 000
							 fine and removal from the state registry (interior designers).
$3, 000 fine and two (2) years suspension followed by
							 two (2) years probation (architects); $1, 000 fine and removal from the state
							 registry (interior designers).
$5, 000 fine and revocation (architects); $2, 500
							 fine and removal from the state registry (interior designers).
Third Offense
Misdemeanor:
$3, 000 fine and two (2) years suspension followed by
							 two (2) years probation (architects); $1, 500 fine and removal from the state
							 registry (interior designers).
$5, 000 fine and revocation (architects); $2, 500
							 fine and removal from the state registry (interior designers).
(h) Practice on suspended license.
(Section
							 481.225(1)(h),
							 F.S.)
Revocation and$1, 000 fine.
(i) Practice on inactive or delinquent
							 license.
(Sections
							 481.225(1)(h),
							 F.S.)
First Offense
Fine based on length of time in practice while
							 inactive; or delinquent $100/month to $1, 000 maximum (penalty will require
							 license to renew or cease practice).
One (1) year suspension followed by one (1) year
							 probation and $1, 000 fine.
Second Offense
One (1) year suspension followed by one (1) year
							 probation and $2000 fine.
Two (2) years suspension followed by two (2) years
							 probation and $3, 000 fine.
Third Offense
Two (2) years suspension followed by two (2) years
							 probation and $5, 000 fine.
$5, 000 fine and revocation.
(j) Practice on revoked license.
(Section
							 481.225(1)(h),
							 F.S.)
Refer to State Attorney for criminal
							 prosecution.
(k) Knowingly making or filing false report.
(Sections
							 455.227(1)(l),
							 481.225(1)(e),
							 and 481.2251(1)(e),
							 F.S.)
First Offense
$1, 000 fine and one (1) year suspension, followed by
							 two (2) years probation (architects); $500 fine (interior designers).
$1, 000 fine and revocation (architects); $500 fine
							 and removal from the state registry (interior designers).
Second Offense
$3, 000 fine and two (2) years suspension and two (2)
							 years probation (architects); $1, 000 fine (interior designers).
$3, 000 fine and revocation (architects); $1, 000
							 fine and removal from the state registry (interior designers).
Third Offense
$3, 000 fine and revocation (architects); $1, 500
							 fine (interior designers).
$5, 000 fine and revocation (architects); $1, 500
							 fine and removal from the state registry (interior designers).
(l) Fraudulent, false, deceptive, or misleading
							 advertising.
(Sections
							 455.227(1)(m),
							 481.225(1)(f),
							 and 481.2251(1)(d),
							 F.S.)
First Offense
Reprimand (architects); Notice of non-compliance
							 (interior designers).
$1, 000 fine and one (1) year probation (architects);
							 $500 fine (interior designers).
Second Offense
$1, 000 fine and one (1) year probation (architects);
							 $500 fine (interior designers).
$3, 000 fine and one (1) year suspension and two (2)
							 years probation (architects); $1, 000 fine and removal from the state registry
							 (interior designers).
Third Offense
$3, 000 fine and one (1) year suspension and two (2)
							 years probation (architects); $1, 000 fine (interior designers).
Two (2) years suspension and two (2) years probation
							 and $5, 000 fine (architects); $1, 500 fine and removal from the state registry
							 (interior designers).
(m) Negligence.
(Sections
							 481.225(1)(g)
							 and 481.2251(1)(i),
							 F.S.)
First Offense
Reprimand, two (2) years probation and $1, 000 fine
							 (architects); $500 fine (interior designers).
$1000 fine and revocation (architects); $500 fine and
							 removal from the state registry (interior designers).
Second Offense
One (1) year suspension followed by two (2) years
							 probation and $3, 000 fine (architects); $1, 000 fine (interior
							 designers).
$3, 000 fine and revocation (architects); $1, 000
							 fine and removal from the state registry (interior designers).
Third Offense
$5, 000 fine and five (5) years suspension followed
							 by ten (10) years probation (architects); $2, 500 fine (interior
							 designers).
$5, 000 fine and revocation (architects); $2, 500
							 fine and removal from the state registry (interior designers).
(n) Fraud or deceit.
(Sections
							 455.227(1)(a),
							 481.225(1)(g),
							 and 481.2251(1)(f),
							 F.S.)
First Offense
$1, 000 fine and one (1) year suspension, followed by
							 two (2) years probation (architects); $500 fine (interior designers).
$1, 000 fine and revocation (architects); $500 fine
							 and removal from the state registry (interior designers).
Second Offense
$3, 000 fine and two (2) years suspension followed by
							 four (4) years probation (architects); 1, 000 fine (interior designers).
$3, 000 fine and revocation (architects); $1, 000
							 fine and removal from the state registry (interior designers).
Third Offense
$5, 000 fine five (5) years suspension followed by
							 ten (10) years probation (architects); 2, 500 fine (interior designers).
$5, 000 fine and revocation (architects); $2, 500
							 fine and removal from the state registry (interior designers).
(o) Misconduct.
(Sections
							 481.225(1)(g),
							 and 481.225(1)(i))
1. Paragraph
							 61G1-12.001(6)(d),
							 F.A.C.
Soliciting or accepting gratuities without client
							 knowledge.
First Offense
Reprimand and $1, 000 fine (architects); $500 fine
							 (interior designers).
One (1) year suspension, followed by two (2) years
							 probation and $1, 000 fine (architects); $500 fine and removal from the state
							 registry (interior designers).
Second Offense
One (1) year suspension, followed by two (2) years
							 probation and $1, 000 fine (architects); $1, 000 fine (interior
							 designers).
Two (2) years suspension, followed by four (4) years
							 probation and $3, 000 fine (architects); $1, 000 fine and removal from the
							 state registry (interior designers).
Third Offense
Two (2) years suspension followed by four (4) years
							 probation and $3, 000 fine (architects); $2, 500 fine (interior
							 designers).
Revocation and $3, 000 fine (architects); $2, 500
							 fine and removal from the state registry (interior designers).
2. Paragraph
							 61G1-12.001(6)(h),
							 F.A.C. Failure to preserve client's confidence.
First Offense
Reprimand and $1, 000 fine.
One (1) year suspension followed by two (2) years
							 probation (if pecuniary benefit accrues to architect) and $1, 000 fine.
Second Offense
One (1) year suspension, followed by two (2) years
							 probation and $1, 000 fine.
Two (2) years suspension, followed by four (4) years
							 probation and $3, 000 fine.
Third Offense
Two (2) years suspension, followed by four (4) years
							 probation and $3, 000 fine.
Revocation and $3, 000 fine.
3. Paragraph
							 61G1-12.001(6)(j),
							 F.A.C. Professional judgment is overruled by unqualified person.
First Offense
Reprimand and $1, 000 fine.
One (1) year suspension, followed by two (2) years
							 probation and $1, 000 fine.
Second Offense
One (1) year suspension, followed by two (2) years
							 probation and $1, 000 fine.
Two (2) years suspension, followed by four (4) years
							 probation and $3, 000 fine.
Third Offense
Two (2) years suspension, followed by four (4) years
							 probation and $3, 000 fine.
Revocation and $3, 000 fine.
4. Paragraph
							 61G1-12.001(6)(k),
							 F.A.C. Use of name/business organization in fraudulent venture.
First Offense
Reprimand and $1, 000 fine.
$1, 000 fine, and one (1) year suspension followed by
							 two (2) years probation.
Second Offense
One (1) year suspension, followed by two (2) years
							 probation and $1, 000 fine.
Two (2) years suspension, followed by four (4) years
							 probation and $3, 000 fine.
Third Offense
Two (2) years suspension, followed by four (4) years
							 probation and $3, 000 fine.
Revocation and $3, 000 fine.
(p) Incompetence (mental or physical
							 impairment).
(Section 481.225(1)(g), F.S.)
Suspension until ability to practice proved followed
							 by probation.
(q) Bribery to obtain clients or commissions.
(paragraph
							 61G1-12.001(6)(b),
							 F.A.C.)
Revocation and $1, 000 fine.
Revocation and $5, 000 fine.
(r) Undisclosed conflict of interest.
(paragraph
							 61G1-12.001(6)(c),
							 F.A.C.)
First Offense
Reprimand, $1, 000 fine, and two (2) years
							 probation.
Revocation and $1, 000 fine.
Second Offense
$3, 000 fine, one (1) year suspension followed by two
							 (2) years probation.
Revocation and $3, 000 fine.
Third Offense
$5, 000 fine, two (2) years suspension followed by
							 five (5) years probation.
Revocation and $5, 000 fine.
(s) Aiding unlicensed practice.
(Sections
							 455.227(1)(j),
							 and 481.225(1)(i),
							 F.S.)
First Offense
Reprimand and $1, 000 fine.
$1, 000 fine and one (1) year suspension followed by
							 two (2) years probation.
Second Offense
$1, 000 fine and one (1) year suspension followed by
							 two (2) years probation.
$3, 000 fine and two (2) years suspension followed by
							 two (2) years probation.
Third Offense
$3, 000 fine and two (2) years suspension followed by
							 two (2) years probation.
$3, 000 fine and revocation.
(t) Failure by interior designer to obtain continuing
							 education hours.
(Section
							 481.215(3),
							 F.S.)
First Offense
NUMBER OF HOURS LACKING
1 to 4 hours
5 to 9 hours
10 to 14 hours
15 to 20 hours
PENALTY
$125 fine, makeup missing hours plus 5 additional in
							 90 days of final order.
$250 fine, makeup missing hours plus 10 additional in
							 120 days of final order.
$375 fine, makeup missing hours plus 15 additional in
							 150 days of final order.
$500 fine, makeup missing hours plus 20 additional in
							 180 days of final order.
Second Offense
NUMBER OF HOURS LACKING
1 to 4 hours
5 to 9 hours
10 to 14 hours
15 to 19 hours
20 hours
PENALTY
$500 fine, makeup missing hours plus 5 additional in
							 90 days of final order.
$625 fine, makeup missing hours plus 10 additional in
							 120 days of final order.
$750 fine, makeup missing hours plus 15 additional in
							 150 days of final order.
$875 fine, makeup missing hours plus 20 additional in
							 180 days of final order.
$1, 000 fine, makeup missing hours plus 20
							 additional, in 180 days of final order.
Third Offense
NUMBER OF HOURS LACKING
1 to 4 hours
5 to 9 hours
10 to 14 hours
15 to 19 hours
20 hours
PENALTY
$1, 000 fine, makeup missing hours plus 5 additional
							 in 90 days of final order.
$1, 125 fine, makeup missing hours plus 10 additional
							 in 120 days of final order.
$1, 250 fine, makeup missing hours plus 15 additional
							 in 150 days of final order.
$1, 375 fine, makeup missing hours plus 20 additional
							 in 180 days of final order.
$1, 500 fine, makeup missing hours plus 20
							 additional, in 180 days of final order.
(u) Failure by architect to obtain continuing
							 education hours.
(Section
							 481.215(3),
							 F.S.)
First Offense
NUMBER OF HOURS LACKING
1 to 5 hours
6 to 11 hours
12 to 17 hours
18 to 23 hours
24 hours
PENALTY
$250 fine, makeup missing hours plus 6 additional in
							 90 days of final order.
$500 fine, makeup missing hours plus 12 additional in
							 120 days of final order.
$750 fine, makeup missing hours plus 18 additional in
							 150 days of final order.
$1, 000 fine, makeup missing hours plus 24 additional
							 in 180 days of final order.
$1, 000 fine, makeup missing hours plus 24
							 additional, suspension until all hours are completed.
Second Offense
NUMBER OF HOURS LACKING
1 to 5 hours
6 to 11 hours
12 to 17 hours
18 to 23 hours
24 hours
PENALTY
$500 fine, makeup missing hours plus 6 additional in
							 90 days of final order.
$1, 000 fine, makeup missing hours plus 12 additional
							 in 120 days of final order.
$2, 000 fine, makeup missing hours plus 18 additional
							 in 150 days of final order.
$3, 000 fine, makeup missing hours plus 24 additional
							 in 180 days of final order.
$5, 000 fine, makeup missing hours plus 24
							 additional, suspension until all hours are completed.
Third Offense
NUMBER OF HOURS LACKING
6 to 11 hours
12 to 17 hours
18 to 23 hours
24 hours
PENALTY
$2, 000 fine, makeup missing hours plus 6 additional
							 in 90 days of final order.
$3, 000 fine, makeup missing hours plus 12 additional
							 in 120 days of final order.
$5, 000 fine, makeup missing hours plus 18 additional
							 in 150 days of final order.
$5, 000 fine, makeup missing hours plus 24 additional
							 in 180 days of final order.
$5, 000 fine, makeup missing hours plus 24
							 additional, suspension until all hours are completed.
(v) Failure to perform statutory or legal
							 obligation.
(Section
							 481.225(1)(j)
							 or 455.227(1)(k),
							 F.S.)
First Offense
Reprimand and $2, 000 fine.
$5, 000 fine and one (1) year suspension followed by
							 two (2) years probation.
Second Offense
$5, 000 fine, one (1) year suspension followed by two
							 (2) years probation.
$5, 000 fine and revocation.
Third Offense
$5, 000 fine and revocation.
(w) Improper use of seal.
(Rule
							 61G1-16.003, F.A.C.)
First Offense
Reprimand (architects); Notice of non-compliance
							 (interior designers).
$250 fine.
Second Offense
$500 fine (architects and interior designers).
$500 fine and probation (architects).
Third Offense
$1, 000 fine and probation (architects); $1, 000 fine
							 (interior designers).
$5, 000 fine and suspension (architects); $2, 500
							 fine and removal from the state registry (interior designers).
(x) Improper title block.
(Rule
							 61G1-16.004, F.A.C.)
First Offense
Reprimand (architects); Notice of non-compliance
							 (interior designers).
$250 fine.
Second Offense
$500 fine (architects and interior designers.
$
500 fine and probation (architects);
							 $500 fine and removal from the state registry (interior designers).
Third Offense
$1, 000 fine and probation (architects); $1, 000 fine
							 (interior designers).
$5, 000 fine and suspension (architects); $2, 500
							 fine and removal from the state registry (interior designers).
(y) Failure to exercise responsible supervisory
							 control.
(Rules
							 61G1-23.010 and
							 61G1-23.040, F.A.C.)
First Offense
Reprimand and $2, 000 fine.
$5, 000 fine and one (1) year suspension followed by
							 two (2) years probation.
Second Offense
$5, 000 fine, one (1) year suspension followed by two
							 (2) years probation.
$5, 000 fine and revocation.
Third Offense
$5, 000 fine and revocation.
(z) Failure to notify Board of qualifier
							 change.
(Section
							 481.219(6),
							 F.S.)
Individual Architect License
First Offense
Reprimand
$5, 000 fine
Second Offense
$5, 000 fine.
Suspension.
Third Offense
Suspension.
Revocation.
(aa) Failure to comply with Final Order.
(Sections
							 481.225(1)(j)
							 and 455.227(1)(q),
							 F.S.)
First Offense
Suspension.
Revocation.
Second Offense
Revocation.
(bb) Failure to timely report being convicted Or
							 found guilty of, or entering a plea of nolo contendere or guilty to, regardless
							 of adjudication, a crime in any jurisdiction (more than 30 days late).
(Sections
							 455.227(1)(t),
							 F.S.)
Reprimand (architects); Notice of non-compliance
							 (interior designers).
$5, 000 fine and suspension (architects); $2, 500
							 fine and removal from the state registry (interior designers).
(cc) Interior Designer rendering or offering to
							 render achitectural services (Section
							 481.2251(1)(h),
							 F.S.)
First Offense
$500 fine.
$500 fine and removal from the state registry.
Second Offense
$1, 000 fine.
$1, 000 fine and removal from the state
							 registry.
Third Offense
$2, 500 fine.
$2, 500 fine and removal from the state
							 registry.
(3)
				The board shall be entitled to deviate from the above-mentioned guidelines upon
				a showing of aggravating or mitigating circumstances by clear and convincing
				evidence presented to the board prior to the imposition of a final penalty.
(a) Aggravating circumstances; circumstances
				which may justify deviating from the above set forth disciplinary guidelines
				and cause the enhancement of a penalty beyond the maximum level of discipline
				in the guidelines shall include but not be limited to the following:
1. History of previous violations of the
				practice act and the rules promulgated thereto.
2. In the case of negligence; of the
				magnitude and scope of the project and the damage inflicted upon the general
				public by the licensee's misfeasance.
3. Evidence of violation of professional
				practice acts in other jurisdictions wherein the licensee has been disciplined
				by the appropriate regulatory authority.
4. Violation of the provision of the practice
				act wherein a letter of guidance as provided in Section
				455.225(3),
				F.S., has previously been issued to the licensee.