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

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.