Florida Regulations 61G1-12.004: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
Terms Used In Florida Regulations 61G1-12.004
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
VIOLATION
PENALTY RANGE
MINIMUM
MAXIMUM
(a) Failure to date plans.
(Florida Statutes § 481.221)
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.
(Fl. Admin. Code R. 61G1-12.001(6)(b))
Revocation and $1,000 fine.
Revocation and $5,000 fine.
(r) Undisclosed conflict of interest.
(Fl. Admin. Code R. 61G1-12.001(6)(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.
(Florida Statutes § 481.215(3))
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.
(Florida Statutes § 481.215(3))
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.
(Fl. Admin. Code R. 61G1-16.003)
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.
(Fl. Admin. Code R. 61G1-16.004)
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.
(Florida Statutes § 481.219(6))
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 Florida Statutes § 455.225(3), has previously been issued to the licensee.
(b) Mitigating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the lessening of a penalty beyond the minimum 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 Florida Statutes § 455.225(3), has previously been issued to the licensee.
5. Steps taken by the licensee or qualified business organization to insure the non-occurrence of similar violations in the future.
6. The degree of financial hardship incurred by a licensee as a result of the imposition of fines or the suspension of his practice.
Rulemaking Authority 455.2273, 481.225 FS. Law Implemented 455.227(1), 455.2273, 481.225 FS. History-New 12-11-86, Formerly 21B-12.004, Amended 5-16-94, 10-20-96, 10-7-99, 6-8-00, 9-10-03, 12-12-04, 7-22-10, 8-26-12, 2-9-23, 9-11-23.