Florida Statute 481.229 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 481
ARCHITECTURE, INTERIOR DESIGN, AND LANDSCAPE ARCHITECTURE

View Entire Chapter

F.S. 481.229

481.229 Exceptions; exemptions from licensure.—

(1) No person shall be required to qualify as an architect in order to make plans and specifications for, or supervise the erection, enlargement, or alteration of:

(a) Any building upon any farm for the use of any farmer, regardless of the cost of the building;

(b) Any one-family or two-family residence building, townhouse, or domestic outbuilding appurtenant to any one-family or two-family residence, regardless of cost; or

(c) Any other type of building costing less than $25,000, except a school, auditorium, or other building intended for public use, provided that the services of a registered architect shall not be required for minor school projects pursuant to s. 1013.45.

(2) Nothing contained in this part shall be construed to prevent any employee of an architect from acting in any capacity under the instruction, control, or supervision of the architect or to prevent any person from acting as a contractor in the execution of work designed by an architect.

(3) Notwithstanding the provisions of this part, a general contractor who is certified or registered pursuant to the provisions of chapter 489 is not required to be licensed as an architect when negotiating or performing services under a design-build contract as long as the architectural services offered or rendered in connection with the contract are offered and rendered by an architect licensed in accordance with this chapter.

(4) Notwithstanding the provisions of this part or of any other law, no registered engineer whose principal practice is civil or structural engineering, or employee or subordinate under the responsible supervision or control of the engineer, is precluded from performing architectural services which are purely incidental to his or her engineering practice, nor is any registered architect, or employee or subordinate under the responsible supervision or control of such architect, precluded from performing engineering services which are purely incidental to his or her architectural practice. However, no engineer shall practice architecture or use the designation “architect” or any term derived therefrom, and no architect shall practice engineering or use the designation “engineer” or any term derived therefrom.

(5)(a) Nothing contained in this part shall prevent a registered architect or a partnership, limited liability company, or corporation holding a valid certificate of authorization to provide architectural services from performing any interior design service or from using the title “interior designer” or “registered interior designer.”

(b) Notwithstanding any other provision of this part, all persons licensed as architects under this part shall be qualified for interior design registration upon submission of a completed application for such license and a fee not to exceed $30. Such persons shall be exempt from the requirements of s. 481.209(2). For architects licensed as interior designers, satisfaction of the requirements for renewal of licensure as an architect under s. 481.215 shall be deemed to satisfy the requirements for renewal of registration as an interior designer under that section. Complaint processing, investigation, or other discipline-related legal costs related to persons licensed as interior designers under this paragraph shall be assessed against the architects’ account of the Regulatory Trust Fund.

(c) Notwithstanding any other provision of this part, any corporation, partnership, or person operating under a fictitious name which holds a certificate of authorization to provide architectural services shall be qualified, without fee, for a certificate of authorization to provide interior design services upon submission of a completed application therefor. For corporations, partnerships, and persons operating under a fictitious name which hold a certificate of authorization to provide interior design services, satisfaction of the requirements for renewal of the certificate of authorization to provide architectural services under s. 481.219 shall be deemed to satisfy the requirements for renewal of the certificate of authorization to provide interior design services under that section.

(6) This part shall not apply to:

(a) A person who performs interior design services or interior decorator services for any residential application. For purposes of this paragraph, “residential applications” includes all types of residences, including, but not limited to, residence buildings, single-family homes, multifamily homes, townhouses, apartments, condominiums, and domestic outbuildings appurtenant to one-family or two-family residences.

(b) An employee of a retail establishment providing “interior decorator services” on the premises of the retail establishment or in the furtherance of a retail sale or prospective retail sale, provided that such employee does not advertise as, or represent himself or herself as, a registered interior designer.

(7) Nothing in this part shall be construed as authorizing or permitting an interior designer to engage in the business of, or to act as, a contractor within the meaning of chapter 489, unless registered or certified as a contractor pursuant to chapter 489.

(8) A manufacturer of commercial food service equipment or the manufacturer’s representative, distributor, or dealer or an employee thereof, who prepares designs, specifications, or layouts for the sale or installation of such equipment is exempt from licensure as an architect, if:

(a) The designs, specifications, or layouts are not used for construction or installation that may affect structural, mechanical, plumbing, heating, air-conditioning, ventilating, electrical, or vertical transportation systems.

(b) The designs, specifications, or layouts do not materially affect lifesafety systems pertaining to firesafety protection, smoke evacuation and compartmentalization, and emergency ingress or egress systems.

(c) Each design, specification, or layout document prepared by a person or entity exempt under this subsection contains a statement on each page of the document that the designs, specifications, or layouts are not architectural or engineering designs, specifications, or layouts and not used for construction unless reviewed and approved by a licensed architect or engineer.

History.—ss. 11, 19, ch. 79-273; ss. 25, 26, ch. 81-302; ss. 2, 3, ch. 81-318; ss. 26, 48, ch. 82-179; s. 3, ch. 83-265; ss. 19, 23, 24, ch. 88-383; s. 2, ch. 89-115; s. 68, ch. 89-162; s. 4, ch. 91-429; s. 307, ch. 94-119; s. 20, ch. 94-292; s. 8, ch. 95-389; s. 420, ch. 97-103; s. 1026, ch. 2002-387; s. 5, ch. 2005-124; s. 24, ch. 2009-195; s. 53, ch. 2020-160.

F.S. 481.229 on Google Scholar

F.S. 481.229 on Casetext

Amendments to 481.229

Arrestable Offenses / Crimes under Fla. Stat. 481.229

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 481.229.

Annotations, Discussions, Cases:

Cases Citing Statute 481.229

Total Results: 6

SG 2901, LLC v. COMPLIMENTI, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-30T00:53:00-07:00

Snippet: and therefore, no license was necessary. See § 481.229(6)(a) (exempting from licensure “[a] person who

Diaz & Russell Corp. v. Department of Business & Professional Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-28T00:00:00-07:00

Citation: 140 So. 3d 662, 2014 WL 2199757, 2014 Fla. App. LEXIS 8113

Snippet: authorized by a specific statutory exemption in section 481.229(3), Florida Statutes (2010): (3) Notwithstanding…testimony: Q. Is it your understanding that Chapter 481.229, there is an exception for a general contractor…requirements of the design-build exemption in section 481.229(3) were satisfied in this case. As the findings…goals.3 *665The statutory exemption in section 481.229(3) recognizes such contracts, but requires that…project be provided by a licensed architect. § 481.229(3). The Board’s construction of the exemption language

State v. Pavon

Court: Fla. Dist. Ct. App. | Date Filed: 2001-08-29T00:53:00-07:00

Citation: 792 So. 2d 665

Snippet: on the grounds that sections 481.223(1)(c) and 481.229(6), Florida Statutes (1999), are unconstitutionally…the charge arguing that sections 481.223(c) and 481.229(6) were unconstitutionally vague pertaining to … license issued pursuant to this part. Section 481.229, Florida Statutes (1999), which pertains to exceptions… 481.223(1)(c), and the exception set forth in 481.229(6) which allows a person to practice interior design…admittedly was an unlicensed interior designer. Section 481.229(6)(a) provides an exemption to licensure for a

Kitchens by Design, Inc. v. Confino

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-12T00:00:00-08:00

Citation: 687 So. 2d 364, 1997 Fla. App. LEXIS 967, 1997 WL 55693

Snippet: rendered. § 481.203(8), Fla. Stat. (Supp.1994); § 481.229(1)(b), Fla. Stat. (Supp.1994). Affirmed.

Alfred Karram, III, Inc. v. Cantor

Court: Fla. Dist. Ct. App. | Date Filed: 1994-03-23T00:00:00-08:00

Citation: 634 So. 2d 210, 1994 Fla. App. LEXIS 2629, 1994 WL 90362

Snippet: statutory exception to the licensure requirement: 481.229 Exceptions; exemptions from li-censure. (1) no …under a design-build contract authorized by s. 481.-229(3). We note that this definition specifically …statutory exemption from licen-sure, i.e., section 481.229(3). Our record does not reflect that Appellant … of the statutory exemptions listed in section 481.-229, including persons designing single family homes

Ago

Court: Fla. Att'y Gen. | Date Filed: 1983-11-09T23:53:00-08:00

Snippet: and any building defined in s. 481.203(7), or s. 481.229. Section 10 of Ch. 83-160 amended subsection (2