STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RUTH J. STIEREN, )

)

Petitioner, )

)

vs. ) CASE NO. 90-6691

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF ARCHITECTURE ) AND INTERIOR DESIGN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing in the above-styled matter was held on April 25, 1991, in Orlando, Florida, before Joyous D. Parrish, a designated Hearing Officer of the Division of Administrative Hearings. The parties were represented at the hearing as follows:

APPEARANCES

For Petitioner: William H. Morrison

Baldwin & Morrison, P.A. 7100 S. Highway 17-92

Fern Park, Florida 32730

For Respondent: Arthur R. Wiedinger, Jr.

Assistant Attorney General Department of Legal Affairs Suite 1603--The Capitol Tallahassee, Florida 32399-1050

STATEMENT OF THE ISSUES

The central issue in this case is whether Petitioner is entitled to licensure as an interior designer under the criteria which allow licensure without examination.

PRELIMINARY STATEMENT

This case began on September 20, 1990, when the Department of Professional Regulation, Board of Architecture and Interior Design (Department), notified the Petitioner that her request to become registered for licensure as an interior designer was denied. The basis for that denial was stated to be Petitioner's failure to show sufficient evidence that she met the requirements set forth in Chapter 481, Florida Statutes, and Section 21, Chapter 88-383, Laws of Florida. Section 21 was subsequently amended in Chapter 89-19, Laws of Florida. More specifically, the Department advised Petitioner that "house planning" did not evidence experience in all areas associated with interior design. Thereafter,

the Petitioner timely filed a request for an administrative review of the denial and the matter was forwarded to the Division of Administrative Hearings for formal proceedings on October 23, 1990.

At the hearing, the Petitioner testified in her own behalf and presented the testimony of Michael Cavanaugh, an architect licensed in the State of Indiana; and Charles F. Stieren, Jr., a general contractor licensed in the State of Florida. Petitioner's exhibits numbered 1 through 14 have been admitted into evidence. The Department presented the deposition testimony of Susan Smith, a licensed interior designer, and Carl Gerken, an architect registered in Florida since 1953 (the depositions have been marked Respondent's exhibits numbered 2 and 3). The Department's exhibits numbered 1 and 4 were also admitted into evidence.

On May 10, 1991, the transcript of the proceedings was filed with the Division of Administrative Hearings. Thereafter, the parties filed proposed recommended orders which have been considered in the preparation of this order. Specific rulings on the proposed findings of fact are included in the attached appendix.

FINDINGS OF FACT

Based upon the testimony of the witnesses and the documentary evidence received at the hearing, the following findings of fact are made:

1. The Petitioner, Ruth J. Stieren, is an applicant for licensure without examination seeking to be registered as an interior designer in the State of Florida.

   
   

2. The Department is the state agency charged with the responsibility of reviewing applications to verify that applicants meet the statutory criteria for licensure without examination.

   
   

3. To date, the Petitioner has not passed the examination administered by the National Council for Interior Design Qualifications or its predecessor, the American Institute of Interior Design.

   
   

4. Petitioner is married to Charles F. Stieren, Jr., a licensed general contractor in the State of Florida. Mr. and Mrs. Stieren own and operate Stieren Construction, Inc. Mr. Stieren has been licensed, continuously performing contracting services, for the last eighteen years.

   
   

5. For the last fourteen years Petitioner has identified herself out as an interior designer and has performed services for Stieren Construction, Inc. and others.

   
   

6. Individually, Petitioner has held occupational licenses and has been registered for sales tax purposes with the Department of Revenue since 1981.

   
   

7. Petitioner's Seminole County occupational license for 1987 indicates she was licensed during that year as a designer.

   
   

8. Over the course of her work, Petitioner has successfully consulted with clients regarding their project needs. She has offered options or solutions to project requirements such as floor plans (including elevation information), furniture suggestions together with proposed placements shown, fabric and finish

   recommendations, and lighting. With regard to lighting, Petitioner has recommended wiring configurations e.g. the placement and type of switches, as well as recommending the fixture choices for the proposed use.

   
   

9. In connection with her work, Petitioner has made drawings and sketches depicting her proposals as well as color boards. Petitioner's residential and commercial designs have considered space utilization, client preferences, and budget constraints.

   
   

10. Petitioner has not submitted samples of work showing reflected ceiling plans.

    
    

11. Michael Cavanaugh, an architect licensed in Indiana who has worked with Petitioner on projects in Florida, described Petitioner's work as that of an "interior designer" and not the more limited "interior decorator".

    
    

    CONCLUSIONS OF LAW

    
    

12. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of these proceedings.

    
    

13. In licensure proceedings, the applicant, Petitioner, bears the burden of establishing her entitlement to the registration sought.

    
    

14. Section 21, Chapter 88-383, Laws of Florida, as amended by Chapter 89- 19, Laws of Florida provides, in pertinent part:

    
    

    1. Any person who applies for licensure as a registered interior designer and remits the application and initial licensure fees by January 1, 1990, shall be licensed by the department without taking the written examination or otherwise meeting the qualifications of section 481.209(2), Florida Statutes, provided that the applicant:

       
       

       1. 1. For at least 1 year prior to October 1, 1988 has used or been identified by the title "interior designer" and has maintained a municipal or county occupational license as an interior designer within this state, unless such a license is not required for regular employment as an interior designer or for teaching interior design as provided in this section; and

          2. Has passed the examination administered by the National Council for Interior Design Qualifications

          or its predecessor, the American Institute of Interior Design; or

       2. Has used or been identified by the title "interior designer" and has at least 6 years of interior design experience.

       
       

       (3) A person shall be deemed to have used or been identified by the title "interior designer" within

       the meaning of this section if such person demonstrates to the satisfaction of the board that such person was, either on his own account, which means self-employed,

       or in the course of regular employment, rendering or offering to render to another person interior design services as defined in section 481.203(8), Florida Statutes, or was regularly engaged in the teaching of interior design at a college, university, or professional school with a program accredited by the Foundation for Interior Design Education Research or approved by the board.

       
       

15. Section 481.203(8), Florida Statutes defines "interior designer" as:

    
    

    (8) "Interior design" means design services which do not necessarily require performance by an architect, including consultations, studies, drawings, and specifications in connection with reflected ceiling plans, space utilization, furnishings, or the fabrication of nonstructural elements within and surrounding interior spaces

    of buildings; but specifically excluding mechanical and electrical systems, except for specification of fixtures and their location within interior spaces. Except as provided herein, interior design shall not include services which require performance by an architect.

    
    

16. In this case, the Department has interpreted the six years of experience to mean six years of full-time employment. Additionally, the Department has determined that "interior design experience" requires a showing of experience such as conferring with clients to review their design needs, preparing drawings to depict a space meeting those needs, preparing color boards or their equivalent, outlining electrical and plumbing fixtures, selecting options for furnishings or cabinetry, selecting options for fabrics and paints, and preparing floor plans and reflected ceiling plans with all pertinent data shown.

    
    

17. In this case, the Petitioner has shown she has at least six years of full-time experience. However, she has not established that her experience covers the entire range of services which demonstrate "interior design" work. Accordingly, it is concluded that Petitioner's work experience, as demonstrated by this record, fails to comply with the criteria for licensure without examination.

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED:

That the Department of Professional Regulation, Board of Architecture and Interior Design, enter a final order denying Petitioner's application for licensure without examination.

DONE and ENTERED this 19th day of June, 1991, in Tallahassee, Leon County, Florida.

JOYOUS D. PARRISH

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32301

(904)488-9675

Filed with the Clerk of the Division of Administrative Hearings this 19th day of June, 1991.

APPENDIX TO CASE NO. 90-6691

RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE PETITIONER:

1. Paragraph 1 is accepted.

2. The first sentence of paragraph 2 is accepted. The remainder of the paragraph is rejected as comment, recitation of testimony or argument.

3. The first sentence of paragraph 3 is accepted. The remainder of the paragraph is rejected as comment, recitation of testimony or argument.

4. Paragraph 4 is rejected as contrary to the weight of the evidence. Petitioner has shown that she had held herself out as an interior designer for at least six years. Petitioner has not established that her work experience covers all aspects within the definition of interior design.

5. Paragraph 5 is rejected as argument or comment. Moreover, Petitioner bears the burden in this proceeding to establish she meets the criteria for licensure without examination.

RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE RESPONDENT:

1. Paragraph 1 is accepted.

2. To the extent that paragraphs 2 and 3 indicate Mr. Cavanaugh is a licensed architect and has reviewed some of Petitioner's work they are accepted; otherwise, rejected as argument, recitation of testimony, comment, or irrelevant.

3. Paragraph 4 is accepted.

4. Paragraph 5 is rejected as irrelevant. To the extent that Petitioner documented at least six years of business experience the exhibits have been accepted.

5. Paragraph 6 is rejected as comment.

6. Paragraph 7 is accepted to the extent that it states that Petitioner consulted with and prepared a floor plan for Mrs. Norman. Otherwise rejected as argument.

7. Paragraph 8 is rejected as recitation of testimony and argument.

8. Paragraph 9 is rejected as comment.

9. Paragraph 10 is rejected as comment.

10. Paragraph 11 is rejected a recitation of testimony and argument.

11. Paragraphs 12 through 22 are rejected as recitation of testimony, comment, argument, conclusions of law, or irrelevant.

COPIES FURNISHED:

Arthur R. Wiedinger, Jr. Assistant Attorney General Department of Legal Affairs Suite 1603--The Capitol

Tallahassee, Florida 32399-1050

Jack McRay General Counsel

Department of Professional Regulation 1940 North Monroe, Suite 60

Tallahassee, Florida 32399-0792

Patricia Ard, Executive Director

Board of Architecture and Interior Design Department of Professional Regulation 1940 North Monroe, Suite 60

Tallahassee, Florida 32399-0792

William H. Morrison BALDWIN & MORRISON, P.A.

7100 S. Highway 17-92

Fern Park, Florida 32730

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

=================================================================

AGENCY CORRECTED FINAL ORDER

=================================================================

STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION

BOARD OF ARCHITECTURE AND INTERIOR DESIGN

RUTH J. STIEREN,

Petitioner,

vs. DOAH CASE NO. 90-6691

DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF

ARCHITECTURE AND INTERIOR DESIGN,

Respondent.

/

CORRECTED FINAL ORDER

THIS CAUSE came on to be heard before the Board of Architecture and Interior Design at a regularly scheduled meeting held in Orlando, Florida on September 11, 1991, pursuant to a Recommended Order entered by Joyous D. Parrish, Hearing Officer, on June 19, 1991. Petitioner filed Exceptions to the Recommended Order and after having heard argument of counsel and being otherwise fully advised in the premises the Board determined that Petitioner's Exceptions were well taken. The Board determined that as a result of the evidence presented at the administrative hearing, that Petitioner had sufficient experience in laying out and designating lighting fixtures so that the specific lack of evidence relating to reflective sealing plans should not result, as a matter of law, in Petitioner's failure to show the six (6) years of interior design experience mandated for grandfather status in Section 21, Chapter 88-33, Laws of Florida.

WHEREFORE, in light of the foregoing the Hearing Officer's Proposed Finding of Fact and Conclusions of Law are hereby accepted as modified by the ruling on Petitioner's Exceptions. It is therefore determined that Petitioner meets the requirements for licensure as an interior designer and said license should be issued by the Department of Professional Regulation upon completion of all administrative procedures.

DONE and ORDERED this 28th day of October 1991 by the Florida Board of Architecture and Interior Design.

WALTER MARTINEZ CHAIRMAN

COPIES FURNISHED:

Susan Branson, Esquire Ruth J. Stieren

Art Wiedinger, Esquire William H. Morrison, Esquire

Docket for Case No: 90-006691

Orders for Case No: 90-006691