Current through Reg. 50, No. 187; September 24, 2024
(1) Pursuant to Sections
481.225(2) and
481.2251(2),
F.S., to the extent not otherwise set forth in Florida Statutes, the following
specific acts or omissions are grounds for disciplinary proceedings as provided
in Sections 481.225(1) and
481.2251(1),
F.S.
(2) As provided in Sections
481.225(1)(f)
and 481.2251(1)(d),
F.S., an architect or registered interior designer, or qualified business
organization shall not "advertise goods or services in a manner which is
fraudulent, false, deceptive, or misleading in form or content." A false,
fraudulent, misleading, or deceptive statement or claim shall include without
limitation:
(a) A material misrepresentation
of facts;
(b) A failure to state
any material fact necessary to make the statement in the light of all
circumstances not misleading;
(c) A
statement or claim which intends or is likely to create an unjustified
expectation;
(d) A
misrepresentation or implication that could reasonably cause an ordinary
prudent person to misunderstand or to be deceived;
(e) A falsification or misrepresentation of
the extent of an architect's or registered interior designer's education,
training or experience to any person or to the public at large, tending to
establish or imply qualifications for selection for architectural or registered
interior design employment, advancement, or professional engagement. An
architect or registered interior designer shall not misrepresent or exaggerate
his degree of responsibility in or for the subject matter of prior
assignments;
(f) A statement or
claim in any brochure or other presentation made to any person or to the public
at large, incident to the solicitation of an architectural or registered
interior design employment, which misrepresents pertinent facts concerning an
architect's or registered interior designer's past employment or work, with the
intent and purpose of enhancing his qualifications.
(3) An architect, registered interior
designer, corporation or partnership shall not practice architecture or
registered interior design under an assumed, fictitious or corporate name that
is misleading as to the identity, responsibility, or status of those practicing
thereunder or is otherwise false, fraudulent, misleading or deceptive within
the meaning of subsection (2). The name of a professional corporation or
partnership, if otherwise authorized, may include the name or names of one or
more deceased or retired members of the firm, or of a predecessor firm in a
continuing line of succession. Corporate, partnership or fictitious name shall
not be used or displayed except in conjunction with the word or words
"architect," "architecture," or "architectural" clearly indicating that such
corporation partnership or architect engages in the practice of
architecture.
(4) An architect,
registered interior designer, or qualified business organization may not be
negligent in the practice of architecture. The term negligence is defined as
the failure, by an architect or registered interior designer, to exercise due
care to conform to acceptable standards of architectural or interior design
practice in such a manner as to be detrimental to a client or to the public at
large.
(a) Plans, drawings, specifications and
other related documents prepared by an architect shall be of a sufficiently
high standard to inform the users thereof of the requirements intended to be
illustrated or described by them. Such documents shall clearly and accurately
indicate the design of all essential parts of the work to which they refer. An
architect shall meet a standard of practice which demonstrates his knowledge
and ability to assure the safety and welfare of his clients and the
public.
(b) An architect shall be
required to coordinate his activities with other professionals involved in
those projects wherein the architect is engaged to provide plans, drawings and
specifications which result in the production of working documents which are
used or intended to be used for the construction of a
structure.
(5) An
architect or registered interior designer shall not be incompetent to practice
architecture. Incompetence in the practice of architecture shall mean the
physical or mental incapacity or inability of an architect to practice
architecture.
(6) An architect,
registered interior designer, or qualified business organization shall not
commit misconduct in the practice of architecture. Misconduct in the practice
of architecture or interior design shall include but not be limited to:
(a) Being untruthful, deceptive, or
misleading in any professional report, statement, or testimony whether or not
under oath or omitting relevant and pertinent information from such report,
statement or testimony when the result of such omission would lead to a
fallacious conclusion on the part of the client or the general
public;
(b) Offering directly or
indirectly any bribe or commission or tendering any gift to obtain selection or
preferment for an architectural employment with the exception of the payment of
the usual commission for securing salaried positions through licensed
employment agencies;
(c) Knowingly
becoming involved in a conflict of interest as to an employer or client without
the permission of the client or employer. In the event such conflict is
suspected or determined to exist an architect or registered interior designer
immediately shall:
1. Disclose in writing to
his employer or client the full circumstances as to any possible conflict of
interest; and
2. Assure in writing
that such conflict will in no manner influence the architect or registered
interior designer's judgment or the quality of his services to his employer or
client; and
3. Promptly inform his
client or employer in writing of any business association, interest or
circumstances which may be influencing his judgment or the quality of his
services to his client or employer;
(d) Soliciting or accepting financial or
other valuable considerations from material or equipment suppliers for
specifying their products without the knowledge of the architect's employer or
client;
(e) Soliciting or accepting
gratuities, directly or indirectly, from contractors, their agents, or other
parties dealing with the architect's client or employer in connection with work
for which the architect or registered interior designer is responsible without
the knowledge of the architect or registered interior designer's employer or
client;
(f) Violation of any law of
the State of Florida directly regulating the practice of architecture or
registered interior designer;
(g)
Use of architectural or registered interior designer expertise or status as an
architect or registered interior designer in the commission of a
felony;
(h) Failure to preserve the
confidences of clients of employer(s);
(i) Undertaking any activity, having any
undisclosed significant financial or other interests, or accepting any
contribution that either compromises professional judgment or prevents any
architect or registered interior designer from serving in the best interest of
his client or employer;
(j) Failure
to protect the safety, health, and welfare of the public in the performance of
his professional duties. If an architect's professional judgment is overruled
by any person or entity with the result that the public health and safety is
threatened, an architect shall inform his clients, employer, responsible
supervisor and the responsible public authority of the possible consequences,
and shall not assist or acquiesce in the establishment or continuance of such
threat to the public health and safety;
(k) Use of an architect's name or qualified
business organization in a business venture with any person or business
organization which he knows or has reason to believe is engaging in a
fraudulent or dishonest nature.
Rulemaking Authority
481.2055 FS. Law Implemented
481.219,
481.225,
481.2251
FS.
New 12-23-79, Amended 12-19-82, Formerly 21B-12.01, Amended
9-23-86, 11-8-88, Formerly 21B-12.001, Amended 2-25-98, 4-1-01, 12-7-08,
11-9-20, 8-13-23.
