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Florida Statute 481.223 | Lawyer Caselaw & Research
F.S. 481.223 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 481.223

The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 481
ARCHITECTURE, INTERIOR DESIGN, AND LANDSCAPE ARCHITECTURE
View Entire Chapter
F.S. 481.223
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.

F.S. 481.223 on Google Scholar

F.S. 481.223 on Casetext

Amendments to 481.223


Arrestable Offenses / Crimes under Fla. Stat. 481.223
Level: Degree
Misdemeanor/Felony: First/Second/Third

S481.223 1a - PUBLIC ORDER CRIMES - PRACTICE ARCHITECTURE WITHOUT BEING REGISTERED - M: F
S481.223 1b - FRAUD-IMPERSON - USE REG ARCHITECT INTERIOR DESIGN TITLE WO LIC - M: F
S481.223 1b - PUBLIC ORDER CRIMES - REMOVED - M: F
S481.223 1c - FRAUD-IMPERSON - PRESENT ARCHITECT LICENSE OF ANOTHER - M: F
S481.223 1c - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9131 - M: F
S481.223 1d - FRAUD-FALSE STATEMENT - EVIDENCE TO ARCHITECT LICENSE BOARD OR MEMBER - M: F
S481.223 1d - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9132 - M: F
S481.223 1d - PASS FORGED - EVIDENCE TO ARCHITECT LICENSE BOARD OR MEMBER - M: F
S481.223 1e - PASS FORGED - RENUMBERED. SEE REC # 9133 - M: F
S481.223 1e - FRAUD-FALSE STATEMENT - RENUMBERED. SEE REC # 9134 - M: F
S481.223 1e - PUBLIC ORDER CRIMES - USE REVOKED INACTIVE ARCHITECT/INT DESIGN LIC - M: F
S481.223 1f - PUBLIC ORDER CRIMES - EMPLOY UNLIC PERSON PRACT ARCHITECT/INT DESIGN - M: F
S481.223 1f - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 9135 - M: F
S481.223 1g - PUBLIC ORDER CRIMES - CONCEAL INFO ARCHITECT/INT DESIGN VIOLATIONS - M: F
S481.223 1g - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 9136 - M: F
S481.223 1h - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 9137 - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

DIAZ RUSSELL CORPORATION, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 140 So. 3d 662 (Fla. Dist. Ct. App. 2014)

. . . practicing architecture without a certificate of authorization as required by sections 481.219 and 481.223 . . . the design-build contract; otherwise the contractor faces civil and criminal liability under section 481.223 . . . This reading is consistent with both section 481.223(l)(a), Florida Statutes (2010), which prohibits . . .

LOCKE, v. SHORE, P., 634 F.3d 1185 (11th Cir. 2011)

. . . Florida statute § 481.223(l)(b) provides that “[a] person may not knowingly ... . . . Stat. §§ 481.223(1)(b) and 481.203(8), (15). . . . Stat. §§ 481.223(2) and 775.082(4)(a). . . . Stat. §§ 481.223(l)(b) and 481.229(6)(a). . . . Stat. § 481.223(l)(b) (“A person may not knowingly ... . . .

LOCKE v. SHORE, 682 F. Supp. 2d 1283 (N.D. Fla. 2010)

. . . . § 481.223, Fla. Stat. . . . The substantive provision is § 481.223(l)(b), which prohibits the “practice” of nonresidential interior . . . Neuschatz, 201 So.2d 635, 636 (Fla. 4th DCA 1967) (construing the prior version of § 481.223). . . . ‘interior designer’ or ‘registered interior designer,’ or words to that effect.” § 481.223(l)(e). . . . It is declared that § 481.223(l)(b) is constitutional. 2. . . .

BYRUM v. E. LANDRETH, Jr. A. L. S. II,, 566 F.3d 442 (5th Cir. 2009)

. . . . § 481.223(c); 225 III. Comp. Stat. 310/4(a); La.Rev.Stat. Ann. § 37:3176(A)(1); Okla. . . . Stat. § 481.223(b); La.Rev. Stat Ann. § 37:3176(A)(1); Nev.Rev.Stat. § 623.360(l)(a)-(c). . . .

ORAVEC, v. SUNNY ISLES LUXURY VENTURES L. C., 469 F. Supp. 2d 1148 (S.D. Fla. 2006)

. . . . § 481.223. This argument fails for several reasons. . . . Stat. § 481.223 provides that a "person may not knowingly: (a) [pjractice architecture unless that person . . . Violation of § 481.223 constitutes a misdemeanor of the first degree. . . .

BENITEZ, v. STATE, 852 So. 2d 386 (Fla. Dist. Ct. App. 2003)

. . . June 1999, Benitez was charged with practicing architecture without a license in violation of section 481.223 . . .

STATE v. B. PAVON,, 792 So. 2d 665 (Fla. Dist. Ct. App. 2001)

. . . s order granting appel-lee’s motion to dismiss the charges against him on the grounds that sections 481.223 . . . Appellee moved to dismiss the charge arguing that sections 481.223(c) and 481.229(6) were unconstitutionally . . . Section 481.223, Florida Statutes (1999), provides in relevant part that: (1) A person may not knowingly . . . Appellee claimed that section 481.223(l)(c), and the exception set forth in 481.229(6) which allows a . . . We hold that section 481.223 provides adequate notice of the conduct it prohibits. . . .

O KON AND COMPANY, INC. v. A. RIEDEL, C. Jr. G. d b a RSW a, 588 So. 2d 1025 (Fla. Dist. Ct. App. 1991)

. . . (emphasis supplied) Section 481.223 provides in pertinent part: (1) No person shall knowingly: (a) Practice . . .

MILLER CONSTRUCTION COMPANY, v. FIRST INDUSTRIAL TECHNOLOGY CORP., 576 So. 2d 748 (Fla. Dist. Ct. App. 1991)

. . . See O’Kon, 540 So.2d at 840; see also § 481.223(1), Fla.Stats. (1987) (person may not practice architecture . . .

O KON AND COMPANY, INC. v. A. RIEDEL, C. Jr. G. d b a RSW, 540 So. 2d 836 (Fla. Dist. Ct. App. 1988)

. . . certified or otherwise authorized to practice architecture in the state of Florida, contrary to section 481.223 . . . That legal rules applicable to the foregoing facts are as follows: (a) Section 481.223, Fla.Stats., prohibits . . . (Emphasis supplied.) ****** 481.223 Prohibitions; penalties.— (1) No person shall knowingly: (a) Practice . . .