The 2023 Florida Statutes
Fla. Stat. § 481.221(6) (cleaned up). And Chapter 481 explains generally “[t]he primary legislative purpose for enacting this part is to ensure that every architect practicing in this state meets minimum requirements for safe practice. It is the legislative intent that architects who fall below minimum competency or who otherwise present a danger to the public shall be prohibited from practicing in this state.” Fla. Stat. § 481.201 . Stated differently, Chapter 481 is concerned with ensuring that Florida architects meet minimal standards and imposes a licensing scheme to achieve this objective. And section 481.221 essentially prohibits architects from affixing their signature or seal to work not performed by them unless the work is “by another registered architect” and is “reviewed, approved, or modified and adopted” by the architect in accordance with “rules adopted by the board.” Rule 61G1-18.002 constitutes one of those rules and makes clear that the successor architect assumes liability for the “reviewed, approved, or modified and adopted” work. Both the rule and statute say nothing with regards to whether the original architect is released from liability.
Plaintiffs counter that the exemption is relevant to the extent Paradise relies upon any alleged violation of Fla. Stat. § 481.201 et seq. ("Florida's Architecture Statute") in support of their FDUTPA claim. Plaintiffs state that the services they provided to Paradise are exempt from the licensing requirements pursuant to section 481.229(b) and to the extent the FDUTPA claim is based upon the offering of such services, Paradise fails to state a claim upon which relief can be granted. Plaintiffs also point out that at this stage of the proceeding "it is not clear whether Paradise may claim that the floor plans and artist renderings provided by [Plaintiffs] as alleged at ¶ 6 of the Counterclaim, violate § 481.201 et seq. and subsequently violate § 501.201." (Dkt. 33).
Fla. Stat. § 481.201. Moreover, the legislative history confirms that the legislature highlighted safety concerns, such as failure to comply with fire and building codes and higher levels of indoor pollution, when considering whether to implement the licensing requirement. See Fla. S. Comm. on Approp., Senate Staff Analysis and Economic Impact Statement, S. CS/CS/SB 127, 20th Sess., at 1-2 (May 1988) [hereinafter Senate Report].
481.201 Purpose. — The Legislature finds that improper design and improper construction supervision by architects of buildings primarily designed for human habitation or use present a significant threat to the public. (Emphasis supplied.)
§ 481.201 Purpose. — The Legislature finds that improper design and improper construction supervision by architects of buildings primarily designed for human habitation or use present a significant threat to the public.
. . . . § 481.201. . . . Stat. § 481.201 (describing purpose of interior design license requirement as promoting “the interest . . .
. . . Chapter 481, Part I, Architecture, provides in pertinent part: 481.201 Purpose. — The Legislature finds . . .
. . . statute by reference to the statement of purpose contained in the current statute, which provides: § 481.201 . . . buildings primarily designed for human habitation or use present a significant threat to the public. § 481.201 . . . 1979), which, while retaining many of the basic provisions, adds new sections including, inter alia, § 481.201 . . .