Florida Administrative Code
61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
61G10 - Board of Landscape Architecture
Chapter 61G10-14 - DISCIPLINARY MATTERS
Section 61G10-14.003 - Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

VIOLATION

PENALTY RANGE

MINIMUM

MAXIMUM

(a) Fraud in or related to the practice of the licensee's profession.

(Section 455.227(1)(a), F.S.)

First Offense

From Corrective action to suspension up to 3 months, and fine up to $3, 000.

From Corrective action to revocation, and fine up to $5, 000.

Subsequent Offenses

From Corrective action to suspension up to 6 months, and fine up to $3, 500.

From Corrective action to revocation and fine up to $5, 000.

(b) Fraud, negligence, incompetency, or misconduct, in the practice of landscape architecture.

(Section 481.325(1)(g), F.S.)

First Offense

From Corrective action to suspension up to 3 months, and fine up to $1, 000.

From Corrective action to suspension up to 24 months, and fine up to $1, 000.

Subsequent offenses

From Corrective action to suspension up to 6 months, and fine up to $1, 000.

From Corrective action to suspension up to 27 months, and fine up to $1, 000.

(c) Fraud or use of trick or scheme in or related to the practice of a profession.

(Section 455.227(1)(m), F.S.)

First Offense

From Corrective action to suspension up to 3 months, and fine up to $3, 000.

From Corrective action to revocation, and fine up to $5, 000.

Subsequent offenses

From Corrective action to suspension up to 6 months, and fine up to $3, 500.

From Corrective action to revocation, and fine up to $5, 000.

(d) Intentionally violating any rule of the board or the department.

(Section 455.227(1)(b), F.S.)

First offense

From Reprimand to probation up to 3 months, and fine up to $500.

From Corrective action to revocation, and fine up to $5, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $1, 000.

From Corrective action to revocation, and fine up to $5, 000.

(e) Violating any rule adopted pursuant Chapter 481, Part II, or Chapter 455, F.S.

(Section 481.325(1)(h), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to revocation, and fine up to $1, 000.

(f) Violating any provision of Chapter 455, F.S., the applicable professional practice act, a rule of the department or the board, or a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department.

(Section 455.227(1)(q), F.S.)

First offense

From Reprimand to probation up to 3 months, and fine up to $500.

From Corrective action to revocation, and fine up to $5, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $1, 000.

From Corrective action to revocation, and fine up to $5, 000.

(g) Violating any provision of Section 455.227(1), 481.321, or 481.323, F.S.

(Section 481.325(1)(a), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to revocation, and fine up to $1, 000.

(h) Failing to perform any statutory or legal obligation placed upon a licensee.

(Section 455.227(1)(k), F.S.)

First offense

From Reprimand to probation up to 3 months, and fine up to $500.

From Corrective action to revocation, and fine up to $5, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $1, 000.

From Corrective action to revocation, and fine up to $5, 000.

(i) Failing to perform any statutory or legal obligation placed upon a licensed landscape architect.

(Section 481.325(1)(k), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to revocation, and fine up to $1, 000.

(j) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession.

(Section 455.227(1)(c), F.S.)

First offense

From Reprimand to probation up to 3 months, and fine up to $500.

From Corrective action to revocation, and fine up to $5, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $1, 000.

From Corrective action to revocation, and fine up to $5, 000.

(k) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of landscape architecture or the ability to practice landscape architecture.

(Section 481.325(1)(d), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to revocation, and fine up to $1, 000.

(l) Having a license or the authority to practice the regulated profession acted against, including the denial of licensure, by the licensing authority of any jurisdiction, for a violation that would constitute a violation under Florida law.

(Section 455.227(1)(f), F.S.)

First offense

From Reprimand to probation up to 3 months, and fine up to $500.

From Corrective action to revocation, and fine up to $5, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $1, 000.

From Corrective action to revocation, and fine up to $5, 000.

(m) Having a license to practice landscape architecture revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.

(Section 481.325(1)(c), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to revocation, and fine up to $1, 000.

(n) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee.

(Section 455.227(1)(g), F.S.)

First Offense

For Reprimand to probation up to 9 months, and fine up to $1, 500.

From Corrective action to revocation, and fine up to $5, 000.

Subsequent Offenses

From Reprimand to probation up to 12 months, and fine up to $2, 000.

From Corrective action to revocation, and fine up to $5, 000.

(o) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so. Such reports or records shall include only those that are signed in the capacity of a licensee.

(Section 455.227(1)(l), F.S.)

First Offense

From Reprimand to probation up to 9 months, and fine up to $1, 500.

From Corrective action to revocation, and fine up to $5, 000.

Subsequent Offenses

From Reprimand to probation up to 12 months, and fine up to $2, 000.

From Corrective action to revocation, and fine up to $5, 000.

(p) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records include only those that are signed in the capacity of a registered landscape architect.

(Section 481.325(1)(e), F.S.)

First Offense

From Reprimand to probation up to 9 months, and fine up to $750.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 12 months, and fine up to $750.

From Corrective action to revocation, and fine up to $1, 000.

(q) Give false or forged evidence to the board or a member thereof.

(Section 481.323(1)(d), F.S.)

First Offense

From Reprimand to probation up to 9 months, and fine up to $750.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 12 months, and fine up to $750.

From Corrective action to revocation, and fine up to $1, 000.

(r) Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, fraud, or through an error of the department or the board.

(Section 455.227(1)(h), F.S.)

First Offense

From Corrective action to suspension up to 3 months, and fine up to $3, 000.

From Corrective action, probation up to 36 months, to suspension up to 24 months, and fine up to $5, 000.

Subsequent offenses

From Corrective action to suspension up to 6 months, and fine up to $3, 500.

From Corrective action to suspension up to 27 months, and fine up to $3, 500.

(s) Attempting to procure a license to practice landscape architecture by bribery or fraud.

(Section 481.325(1)(b), F.S.)

First Offense

From Corrective action to suspension up to 3 months, and fine up to $1, 000.

From Corrective action to suspension up to 24 months, and fine up to $1, 000.

Subsequent offenses

From Corrective action to suspension up to 6 months, and fine up to $1, 000.

From Corrective action to suspension up to 27 months, and fine up to $1, 000.

(t) Failing to report any person who the licensee knows is in violation of this chapter, the Chapter 481, Part II, F.S., or the rules of the department or the board.

(Section 455.227(1)(i), F.S.)

First Offense

From Reprimand to probation up to 3 months, and fine up to $500.

From Corrective action to suspension up to 6 months, and fine up to $3, 500.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $1, 000.

From Corrective action to suspension up to 9 months, and fine up to $4, 000.

(u) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, Chapter 481, Part II, F.S., or the rules of the department or the board.

(Section 455.227(1)(j), F.S.)

First offense

From Reprimand to probation up to 3 months, and fine up to $500.

From Corrective action to revocation, and and fine up to $5, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $1, 000.

From Corrective action to revocation, and fine up to $5, 000.

(v) Aiding, assisting, procuring, or advising any unlicensed person to practice landscape architecture contrary to Chapter 481, Part II, F.S., or to any rule of the department or of the board.

(Section 481.325(1)(j), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to revocation, and fine up to $1, 000.

(w) Employ unlicensed persons to practice landscape architecture.

(Section 481.323(1)(f), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to revocation, and fine up to $1, 000.

(x) Aid and abet an unauthorized person in the practice of landscape architecture.

(Section 481.323(1)(g), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to revocation, and fine up to $1, 000.

(y) Practice landscape architecture unless the person is a holder of a valid license.

(Section 481.323(1)(a), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to revocation, and fine up to $1, 000.

(z) Practicing on a revoked, suspended, inactive, or delinquent license.

(Section 481.325(1)(i), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to revocation, and fine up to $1, 000.

(aa) Present as his or her own the license of another.

(Section 481.323(1)(c), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to revocation, and fine up to $1, 000.

(bb) Use or attempt to use a landscape architect license that has been suspended, revoked, or placed on inactive or delinquent status.

(Section 481.323(1)(e), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to revocation, and fine up to $1, 000.

(cc) Practicing or offering to practice beyond the scope permitted by law or performing work the licensee knows he or she is not competent to perform.

(Section 455.227(1)(o), F.S.)

First Offense

From Reprimand to probation up to 9 months, and fine up to $1, 500.

From Corrective action to revocation, and fine up to $5, 000.

Subsequent Offenses

From Reprimand to probation up to 12 months, and fine up to $2, 000.

From Corrective action to revocation, and fine up to $5, 000.

(dd) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified to perform them.

(Section 455.227(1)(p), F.S.)

First Offense

From Reprimand to probation up to 9 months, and fine up to $1, 500.

From Corrective action to revocation, and fine up to $5, 000.

Subsequent Offenses

From Reprimand to probation up to 12 months, and fine up to $2, 000.

From Corrective action to revocation, and fine up to $5, 000.

(ee) Use the name or title "landscape architect, " "landscape architecture, " "landscape architectural, " "landscape engineering, " "L.A., " or words to that effect, or advertise any title or description tending to convey the impression that he or she is a landscape architect when he or she is not then the holder of a valid license issued pursuant to this part.

(Section 481.323(1)(b), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to suspension up to 6 months, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to suspension up to 9 months, and fine up to $1, 000.

(ff) Failure of the landscape architect to include her or his certificate number in advertisement used by the registered landscape architect, corporation, or partnership.

(Section 481.321(5), F.S.,

Rule 61G10-15.003, F.A.C.)

First Offense

From Reprimand to probation up to 3 months.

From Reprimand to probation up to 6 months, and fine up to $500.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Reprimand to probation up to 9 months, and fine up to $750.

(gg) Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content.

(Section 481.325(1)(f), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to suspension up to 6 months, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to suspension up to 9 months, and fine up to $1, 000.

(hh) Exercising influence on the client for financial gain of the licensee or a third party.

(Section 455.227(1)(n), F.S.)

First Offense

From Reprimand to probation up to 9 months, and fine up to $1, 500.

From Corrective action to revocation, and fine up to $5, 000.

Subsequent Offenses

From Reprimand to probation up to 12 months, and fine up to $2, 000.

From Corrective action to revocation, and fine up to $5, 000.

(ii) Interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

(Section 455.227(1)(r), F.S.)

First Offense

From Reprimand to probation up to 3 months, and fine up to $500.

From Corrective action to suspension up to 6 months, and fine up to $3, 500.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $1, 000.

From Corrective action to suspension up to 9 months, and fine up to $4, 000.

(jj) Conceal information relative to violations of Chapter 481, Part II, F.S.

(Section 481.323(1)(h), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to suspension up to 6 months, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to suspension up to 9 months, and fine up to $1, 000.

(kk) Failing to report in writing to the Board within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction.

(Section 455.227(1)(t), F.S.)

First Offense

From Reprimand to probation up to 3 months, and fine up to $500.

From Corrective action to suspension up to 6 months, and fine up to $3, 500.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $1, 000.

From Corrective action to suspension up to 9 months, and fine up to $4, 000.

(ll) Termination from an impaired practitioner program as described in Section 456.076, F.S., for failure to comply, without good cause, or failure to successfully complete a drug or alcohol treatment program.

(Section 455.227(1)(u), F.S.)

First offense

From Reprimand to probation up to 3 months, and fine up to $500.

For Corrective action to revocation, and fine up to $5, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $1, 000.

From Corrective action to revocation, and fine up to $5, 000.

(mm) A landscape architect applying to practice in the name of a corporation must file with the department the names and addresses of all officers and board members of the corporation, and all individuals registered to practice landscape architecture by the corporation who are in responsible charge of the practice of landscape architecture by the corporation in this state.

(Section 481.319(3), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Reprimand to probation up to 6 months, and fine up to $500.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Reprimand to probation up to 9 months, and fine up to $750.

(nn) A landscape architect qualifying as a partnership or corporation must notify the department within 1 month after any change in the information contained in the application upon which the license is based. Any landscape architect who terminates her or his employment with a partnership or corporation licensed under this part shall notify the department of the termination within 1 month.

(Section 481.319(4), F.S.)

First Offense

From Reprimand to probation up to 3 months.

From Reprimand to probation up to 6 months, and fine up to $500.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Reprimand to probation up to 9 months, and fine up to $750.

(oo) Allowing one's seal to be used on a document not prepared by him or her.

(Section 481.325(1)(l), F.S.)

First Offense

From Corrective action to suspension up to 3 months, and fine up to $1, 000.

From Corrective action to suspension up to 24 months, and fine up to $1, 000.

Subsequent offenses

From Corrective action to suspension up to 6 months, and fine up to $1, 000.

From Corrective action to suspension up to 27 months, and fine up to $1, 000.

(pp) Signing and sealing any final plan, specification, or report after the seal holder's certificate of registration is expired, suspended or revoked. Failure to surrender suspended or revoked seal to the Executive Director within 30 days. Failure to confirm surrender of electronic seal in accordance with Sections 668.001 - 668.006, F.S.

(Section 481.321(2), F.S.,

Subsection 61G10-11.010(3), F.A.C.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to revocation, and fine up to $1, 000.

(qq) A seal shall include the words "STATE OF FLORIDA, " "LANDSCAPE ARCHITECT, " the licensee's name as it appears on his or her certificate of registration, and the certificate number. Seal shall leave a permanent ink representation or other form of embossing or opaque and permanent impression, which also may be computer-generated impressions, on the surface of prints or other duplications of drawings and, as appropriate, upon specification pages and other articles of service.

(Subsection 61G10-11.010(1), F.A.C.)

First Offense

From Reprimand to probation up to 3 months.

From Reprimand to probation up to 12 months, and fine up to $750.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to probation up to 15 months, and fine up to $1, 000.

(rr) All plans, (specifications, or reports, including all permit documents, prepared or issued by the registered landscape architect and filed for public record shall be signed by the registered landscape architect, dated and stamped with his seal.

(Subsection 61G10-11.010(2), F.A.C.)

First Offense

From Reprimand to probation up to 3 months.

From Reprimand to probation up to 12 months, and fine up to $750.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to probation up to 15 months, and fine up to $1, 000.

(ss) No registered landscape architect shall affix, or permit to be affixed, his seal or signature to any work the registrant is not competent to perform.

(Subsection 61G10-11.010(2), F.A.C.)

First Offense

From Reprimand to probation up to 9 months, and fine up to $750.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 12 months, and fine up to $750.

From Corrective action to revocation, and fine up to $1, 000.

(tt) Affixing or allowing to be affixed the landscape architect's seal or name to any plan, specification, drawing, or other document which was not prepared by the landscape architect or under her or his responsible supervising control, or which was not reviewed, approved, or modified, and adopted by her or him as her or his own work with full responsibility as a landscape architect for such documents.

(Section 481.321(3), F.S.)

First Offense

From Corrective action to suspension up to 3 months, and fine up to $1, 000.

From Corrective action to suspension up to 24 months, and fine up to $1, 000.

Subsequent offenses

From Corrective action to suspension up to 6 months, and fine up to $1, 000.

From Corrective action to suspension up to 27 months, and fine up to $1, 000.

(uu) Violation of provisions governing electronic sealing and transmission of plans, specifications and reports in Section 481.321(1), F.S., and Rule 61G10-11.011, F.A.C.

First Offense

From Reprimand to probation up to 3 months.

From Reprimand to probation up to 12 months, fine up to $750.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to probation up to 15 months, and fine up to $1, 000.

(vv) Violate standards of competence to perform mangrove trimming.

(Rule 61G10-17.001, F.A.C.)

First Offense

From Reprimand to probation up to 3 months.

From Corrective action to revocation, and fine up to $1, 000.

Subsequent Offenses

From Reprimand to probation up to 6 months, and fine up to $500.

From Corrective action to revocation, and fine up to $1, 000.