Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Landscape Architecture
RULE NO: RULE TITLE
61G10-15.005: Responsible Supervision Control Over Landscape Architectural Practices in the Landscape Architect's Office
PURPOSE AND EFFECT: The Board proposes to amend the rule to clarify office supervision requirements.
SUMMARY: Office supervision requirements will be clarified.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined the proposed rule will not have an impact on small business.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 481.306 FS.
LAW IMPLEMENTED: 481.321(3), (5) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Juanita Chastain, Executive Director, Board of Landscape Architecture, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

THE FULL TEXT OF THE PROPOSED RULE IS:

61G10-15.005 Responsible Supervision Control Over Landscape Architectural Practices in the Landscape Architect’s Office.

(1) Each office maintained for the preparation of drawings, specifications, reports, and other professional work shall have a landscape architect duly registered with the Board of Landscape Architecture within that office in full authority and responsible charge, having direct knowledge and supervisory control over such work.

(2) A landscape architectural office which is in a construction field or project office or is part of an expanded area for the production of landscape architectural documents, is not considered to be offering landscape architectural services to the public, and therefore, does not need a separate landscape architect assigned directly to such office.

(3) A landscape architect shall not be required to be assigned to a marketing office. A marketing office is defined as an office of a landscape architectural firm wherein no production of drawings, specifications reports or other professional work occurs and is intended solely for the purpose of advertising or marketing a landscape architectural firm's services to the public. The only client contact permitted at a marketing office by non-registered persons is providing the firm's qualifications and capabilities. Any other activities including entering into contracts between the landscape architect and the client or the beginning of conceptual drawings shall require the presence of a registered landscape architect at the office site.

(4) A landscape architect or his firm may advertise in any medium, including the telephone directory yellow pages, even if no office is physically present in the area of the advertisement. Such advertisement or listing in the telephone directory, however, shall not mislead the public into believing that the phone number and address given is capable of delivering landscape architectural services to the public at that location if in fact the phone number or address listed is not a landscape architectural office. Any marketing office or a construction, field or project office must be clearly identified as such.

(5) All firms shall notify the Board of Landscape Architecture of the location of all marketing offices and the individuals who will be assigned to such office within sixty (60) days of such an assignment. All firms shall notify the Board office of the location of all full service offices and the name of the landscape architect assigned to serve within the office. The Board must be notified of any change of the landscape architect to be assigned to each office.

Rulemaking Specific Authority 481.306 FS. Law Implemented 481.321(3), (5) FS. History–New 11-17-92, Formerly 21K-15.005, Amended 11-18-07,_______.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Landscape Architecture
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Landscape Architecture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 24, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 6, 2009