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.
The majority seem to read section 481.219(1)(a) to say that where a corporation contracts to provide architectural services through licensees, every corporate employee performing services coming within the 481.203(6) definition of architecture must be licensed. I disagree. My reading of Chapter 481 and the rules enacted thereunder reveals a regulatory scheme which anticipates that much of the work done in an architect's office can be done by unlicensed persons, so long as the work of the unlicensed persons is performed "under [the licensed architect's] responsible supervising control." See section 481.221(4), Florida Statutes, and Rule 21B-18.001, Florida Administrative Code. Accordingly, I would construe the 481.219(1)(a) provision requiring all corporate personnel acting as architects to be licensed to mean that all work must be done either personally or under the responsible supervising control of a Florida licensed architect. This construction would more closely comport with the regulatory scheme of the chapter, and I believe it is consistent with the language of the paragraph.
Appellee points out that the project falls within the language of the CCNA because the project requires the use of architectural services as defined by Section 481.203(6), Florida Statutes. The architect cannot "rubber-stamp" his name to the plans, Section 481.221(4), Florida Statutes (1985), but will have to "prepare" the plans and make changes necessary to conform to building codes. The architect will be the City's representative under the American Institute of Architects' General Conditions.
The hearing officer concluded that with minor exceptions, Juhn's work was accepted as adequate by permitting officials, and no questions were raised as to basic deficiencies or inconsistencies between architectural and structural drawings, however, Juhn's documents did not comply with the statutory requirement to "clearly and accurately indicate the design of the structural elements and of all essential parts of the work to which they refer," because they did not reflect the basic structural design of the building. Regardless of apparent lack of confusion by the builders due to construction of similar projects, the plans were not of the "sufficiently high standard" required by the statute. For this reason, the hearing officer concluded grounds for discipline had been shown under Sections 481.221( 5) and 481.225(1)(e), and that the violation of Section 481.221( 5) also supported a finding of misconduct in the practice of architecture under Section 481.225(1)(i). In addition, Juhn had been negligent in the practice of architecture, as defined in Rule 12.01(4), Fla. Admin. Code, and for that reason was subject to discipline under Section 481.225(1)(i). The hearing…
. . . . § 481.221(b), the Defendant “may not limit ... the applicant’s request for a hearing.” . . .
. . . See section 481.221(4), Florida Statutes, and Rule 21B-18.001, Florida Administrative Code. . . .
. . . The architect cannot “rubber-stamp” his name to the plans, Section 481.221(4), Florida Statutes (1985 . . .
. . . The allegations were asserted to constitute cause for disciplinary action under Section 481.221(5), Florida . . . For this reason, the hearing officer concluded grounds for discipline had been shown under Sections 481.221 . . . (5) and 481.225(l)(e), and that the violation of Section 481.221(5) also supported a finding of misconduct . . . Section 481.221(5) Florida Statutes. . . . . Section 481.221(5) provides: Plans, drawings, specifications and other related documents prepared by . . .