Florida Statutes 481.223 – Prohibitions; penalties; injunctive relief
Current as of: 2024 | Check for updates
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(1) A person may not knowingly:
For details, see Fla. Stat. § 775.082(4)(a)
(a) Practice architecture unless the person is an architect or a registered architect; however, a licensed architect who has been licensed by the board and who chooses to relinquish or not to renew his or her license may use the title “Architect, Retired” but may not otherwise render any architectural services.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 481.223
- Architecture: means the rendering or offering to render services in connection with the design and construction of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures. See Florida Statutes 481.203
- Board: means the Board of Architecture and Interior Design. See Florida Statutes 481.203
- Certificate of registration: means a license or registration issued by the department to a natural person to engage in the practice of architecture or interior design. See Florida Statutes 481.203
- Department: means the Department of Business and Professional Regulation. See Florida Statutes 481.203
- 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.
- Interior design: includes , but is not limited to, reflected ceiling plans, space planning, furnishings, and the fabrication of nonstructural elements within and surrounding interior spaces of buildings. See Florida Statutes 481.203
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- registered architect: means a natural person who is licensed under this part to engage in the practice of architecture. See Florida Statutes 481.203
(b) Use the name or title “architect,” “registered architect,” or “registered interior designer” when the person is not then the holder of a valid license or certificate of registration issued pursuant to this part. This paragraph does not restrict the use of the name or title “interior designer” or “interior design firm.”
(c) Present as his or her own the license of another.
(d) Give false or forged evidence to the board or a member thereof.
(e) Use or attempt to use an architect license or interior design certificate of registration that has been suspended, revoked, or placed on inactive or delinquent status.
(f) Employ unlicensed persons to practice architecture.
(g) Conceal information relative to violations of this part.
(2) Any person who violates any provision of subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3)(a) Notwithstanding chapter 455 or any other law to the contrary, an affected person may maintain an action for injunctive relief to restrain or prevent a person from violating paragraph (1)(a) or paragraph (1)(b). The prevailing party is entitled to actual costs and attorney fees.
(b) For purposes of this subsection, the term “affected person” means a person directly affected by the actions of a person suspected of violating paragraph (1)(a) or paragraph (1)(b) and includes, but is not limited to, the department, any person who received services from the alleged violator, or any private association composed primarily of members of the profession the alleged violator is practicing or offering to practice or holding himself or herself out as qualified to practice.