Fla. Admin. Code Ann. R. 61G1-12.004 - Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

(1) The board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating Chapter 481, F.S. The purpose of the disciplinary guidelines is to give notice to licensees and registrants of the range of penalties which will normally be imposed upon violations of particular provisions of Chapter 481, F.S. The brief description of each violation is provided for quick reference and is not meant to convey all elements of any given statutory provision; the full language of each statutory provision cited must be consulted in order to determine the conduct involved. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapter 481, F.S., or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty.

(2) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules:

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.

(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 Section 455.225(3), F.S., 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 Section 455.225(3), F.S., 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.

Notes

Fla. Admin. Code Ann. R. 61G1-12.004

Rulemaking Authority 455.2273, 481.225 FS. Law Implemented 455.227(1), 455.2273, 481.225 FS.

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, Amended by Florida Register Volume 49, Number 015, January 24, 2023 effective 2/9/2023, Amended by Florida Register Volume 49, Number 168, August 29, 2023 effective 9/11/2023.

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.