481.223

Prohibitions; penalties; injunctive relief.

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481.223 Prohibitions; penalties; injunctive relief.
(1) A person may not knowingly:
(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.
(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.
History.ss. 14, 19, ch. 79-273; ss. 2, 3, ch. 81-318; ss. 15, 23, 24, ch. 88-383; s. 111, ch. 91-224; s. 4, ch. 91-429; ss. 234, 305, ch. 94-119; s. 417, ch. 97-103; s. 4, ch. 2001-269; s. 3, ch. 2006-276; s. 51, ch. 2020-160.
Notes of Decisions
Cited in 11 cases, 1989–2014 · leading case: Locke v. Shore
Locke v. Shore (2011) ca11 · cites it 8× “See Fla. Stat. §§ 481.223 (1)(b) and 481.203(8), (15).”
Byrum v. Landreth (2009) ca5 · cites it 2× “Some states only prevent unlicensed interior designers from advertising as "registered,” "certified,” or "licensed” interior designers.”
Locke v. Shore (2010) flnd · cites it 9× “§ 481.223, Fla. Stat. 1 A “registered interi- or designer” is one with a Florida license.”
Oravec v. Sunny Isles Luxury Ventures L.C. (2006) flsd · cites it 5× “See Fla. Stat. § 481.223 . 20 This argument fails for several reasons.”
O'Kon and Co., Inc. v. Riedel (1989) fladistctapp · cites it 3× “James O'Kon, was holding himself and his corporation out as "architect" while knowing that he was not registered, certified or otherwise authorized to practice architecture in the state of Florida, contrary to section 481.223, Florida Statutes. In his deposition, the only…”
Benitez v. State (2003) fladistctapp “In June 1999, Benitez was charged with practicing architecture without a license in violation of section 481.223 of the Florida Statutes and with two counts of grand theft.”
Miller Const. Co. v. First Indus. Technology Corp. (1991) fladistctapp · cites it 2× “2d at 840 ; see also § 481.223(1), Fla.Stats. (1987) (person may not practice architecture unless he is a registered architect).”
Diaz & Russell Corp. v. Department of Business & Professional Regulation (2014) fladistctapp · cites it 4× “The Board’s construction of the exemption language purports to mandate that, in order to meet the exemption’s requirement that a licensed architect “offer” the architectural services of a design-build project, the identity of the architect must actually be specified in the…”
O'Kon and Co., Inc. v. Riedel (1991) fladistctapp “(emphasis supplied) Section 481.223 provides in pertinent part: (1) No person shall knowingly: (a) Practice architecture unless the person is a registered architect; Addressing first O'Kon's contentions that this case presents a mere technical violation of Chapter 481, we must…”
Eva Locke v. Joyce Shore (2011) ca11 · cites it 4× “See Fla. Stat. §§ 481.223 (1)(b) and 481.203(8), (15).”
State v. Pavon (2001) fladistctapp · cites it 5× “" Section 481.223, Florida Statutes (1999), provides in relevant part that: (1) A person may not knowingly: (b) Practice interior design unless the person is a registered interior designer unless otherwise exempted herein; (c) Use the name or title "architect" or "registered…”
— 481.223(1) — 1 case
Miller Const. Co. v. First Indus. Technology Corp. (1991) fladistctapp “2d at 840 ; see also § 481.223(1), Fla.Stats. (1987) (person may not practice architecture unless he is a registered architect).”
— 481.223(1)(c) — 1 case
State v. Pavon (2001) fladistctapp “" Section 481.223, Florida Statutes (1999), provides in relevant part that: (1) A person may not knowingly: (b) Practice interior design unless the person is a registered interior designer unless otherwise exempted herein; (c) Use the name or title "architect" or "registered…”
— 481.223(2) — 1 case
Locke v. Shore (2010) flnd “§ 481.223, Fla. Stat. 1 A “registered interi- or designer” is one with a Florida license.”
— 481.223(l)(a) — 1 case
Diaz & Russell Corp. v. Department of Business & Professional Regulation (2014) fladistctapp “The Board’s construction of the exemption language purports to mandate that, in order to meet the exemption’s requirement that a licensed architect “offer” the architectural services of a design-build project, the identity of the architect must actually be specified in the…”
— 481.223(l)(b) — 1 case
Locke v. Shore (2010) flnd “§ 481.223, Fla. Stat. 1 A “registered interi- or designer” is one with a Florida license.”
— 481.223(l)(c) — 1 case
Locke v. Shore (2010) flnd “§ 481.223, Fla. Stat. 1 A “registered interi- or designer” is one with a Florida license.”
— 481.223(l)(e) — 1 case
Locke v. Shore (2010) flnd “§ 481.223, Fla. Stat. 1 A “registered interi- or designer” is one with a Florida license.”
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