STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CAROL LEE REED, )

)

Petitioner, )

)

vs. ) CASE NO. 91-5640

)

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

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly assigned hearing officer, Stephen F. Dean, held a formal hearing in the above- styled case on April 23, 1992 in Inverness, Florida.

APPEARANCES

For Petitioner: James A. Neal, Jr., Esquire

Fitzpatrick & Fitzpatrick, P.A.

213 North Apopka Avenue Inverness, FL 32650

For Respondent: Arthur R. Weidinger, Jr., Esquire

Department of Legal Affairs Suite 1603-The Capitol Tallahassee, FL 32399-1050

STATEMENT OF THE ISSUES

The stipulated issue presented in this case is whether the Petitioner, Carol Lee Reed, has six (6) years of experience in interior design prior to January, 1990 as required by Section 21 of Chapter 89-19, Laws of Florida, and therefore is entitled to be licensed as an interior designer.

PRELIMINARY STATEMENT

In order to simplify the issues in this hearing, the parties have stipulated to the fact that the Petitioner filed a completed application prior to January 1, 1990, together with the applicable fee in order that she may be licensed as an interior designer pursuant to the grandfathering provisions contained in Section 21 of Chapter 89-19, Laws of Florida, (R. p.4). The Petitioner, Carol Lee Reed, made application for registration to be licensed as an interior designer in the State of Florida; however, said application was denied because, in the opinion of the Board of Architecture and Interior Design, her application did not show sufficient evidence of six years experience to meet the requirements in Chapter 481, Part 1, Florida Statutes, and Chapter 89-19, Laws of Florida. The parties stipulated that the only issue before the hearing officer was whether Carol Lee Reed had six (6) years of experience in interior

design prior to January, 1990. The Petitioner and her present employer testified regarding her six (6) years of experience. Michael W. Sims, Sr. who is the owner of Sims Furniture, Inc., presented testimony that as of March, 1988, Carol Reed has worked full time for Sims Furniture as an Interior Designer. Carol Reed testified about her interior design experience between April, 1982 and March, 1988. The Petitioner testified that she held herself out as an Interior Designer on a full time basis. The Department presented no rebuttal witnesses.

The parties stipulated that the application submitted by the Petitioner, Carol Reed, was timely and would be admitted into evidence as part of the record, including all client preference forms, resumes, and licenses therein. Petitioner relies on the notarized statements of former clients that she held herself out as an interior designer and performed interior design services as defined in Chapter 481, F.S.

The hearing officer advised the parties that they had ten (10) days from the date of filing the transcript to file proposed findings. The original transcript was delivered to the attorneys of record on April 27, 1992, according to the certificate of the Court Reporter. The Petitioner filed her proposed order on May 11, 1992. The Respondent did not file a proposed order. The Petitioner's proposed order was adopted with the exception of parapgraph 22 which is a conclusion of law.

FINDINGS OF FACT

1. Petitioner, Carol Lee Reed, (hereafter Reed), timely submitted a complete application for registration to be licensed as an interior designer in the State of Florida.

   
   

2. By stipulation, the parties have agreed that the application and all supporting documentation therein was admissible, and it was received by the Hearing Officer as Respondent's Exhibit #1 (R. 70).

   
   

3. By stipulation, the parties agree that Reed had obtained the requisite occupational license as an Interior Designer within the State of Florida at least one (1) year prior to October 1, 1988, and in support thereof, the Petitioner submitted into evidence the Verification of Occupational License Renewal as Exhibit "C". (R. 51, 70).

   
   

4. Reed used and was identified by the title, "Interior Designer" for at least one year prior to October 1, 1988, and admitted into evidence as proof of this fact, were Reed's current business card as Exhibit "A", and the business card with Beverly Hills Homes as Exhibit "B". (R. 70).

   
   

5. Reed has used or been identified by the title "Interior Designer" and has at least six (6) years of interior design experience as defined by Chapter 481, F.S., including:

   
   

   1. April, 1982 through July, 1984; Assistant Designer, Moorpark Emporium, Moorpark, California. (R. 45).

      
      

   2. August, 1983 through September, 1984; Owner, Customs by Carol, Thousand Oaks, California. (R. 43).

      
      

   3. October, 1984 through September, 1985; Owner, Customs by Carol, Califon, New Jersey. (R. 43).

   4. September, 1985 through February, 1986; Interior Designer with Beverly Hills Homes, Beverly Hills, Florida. (R. 42).

      
      

   5. March, 1986 through December, 1986; Interior Designer with Inside Story, Hernando, Florida. (R. 42).

      
      

   6. December, 1986 through June, 1987; Administrative Assistant/Designer with Ann Franklin, ASID, Interior Designs, Inverness, Florida. (R. 37).

      
      

   7. June, 1987 through March, 1988; Interior Designer, again with Beverly Hills Homes, Beverly Hills, Florida. (R. 28).

      
      

   8. March, 1988 through Present; Interior Designer with Sims Furniture, Inc., Lecanto, Florida. (R. 6).

      
      

6. Reed performed consultations, studies, drawings, and specifications as part of the interior design services she rendered for the requisite six (6) year period (R. 8).

   
   

7. Reed provided design services including consultations, studies, drawings, and specifications in connection with reflected ceiling plans, space utilization, furnishings, or the fabrication of non-structural 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 (R. 8-11) according to the corroborating testimony of Michael W. Sims, Sr. (hereafter Sims).

   
   

8. Reed did "complete the layout, the lighting, the interior design, the electrical arranging" for Sims Furniture (R. 8) without any assistance (R. 10).

   
   

9. When Reed began working for Sims Furniture in March of 1988, it was obvious that she had many prior years of interior design experience (R. 11, 24).

   
   

10. Reed worked with builder, Mitch Underwood prior to October, 1988 to redesign interiors including the placement of floor plugs. (R. 11).

    
    

11. Reed's contact with clients was long term and resulted in interior changes and selections based on client consultations, studies, and informed choices. (R. 9-10). Reed worked with Pelican Cove Development to redesign interiors including a built in non-structural partition change in closet storage system, placed television outlets and telephone jacks and moved a window to make it a sliding door exit for clients. (R. 66).

    
    

12. Reed added lanai space and designed built-in furniture as reflected on her drawings for a Meadowcrest home. (R. 65).

    
    

13. The job performed by Reed at Beverly Hills Homes was that of an interior designer according to Sims testimony. (R. 13).

    
    

14. The services provided by Reed to Sims Furniture met the statutory definition of Interior Designer as contained in Section 481.203(8), F.S., (R. 21).

    
    

15. Reed had sole and complete responsibility for the interior design of the Sims Furniture, including assuring that the store satisfied the handicap accessibility requirements of the local building code. (R. 37).

16. Prior to employment with Sims Furniture, Inc., Reed worked as an interior designer for Beverly Hills Homes for two period of time between September, 1985 through March, 1988 (R. 28).

    
    

17. While working for the Inside Story in 1986, Reed performed interior design services as defined by Statute for condominium owners in Citrus Hills, a large residential development in Citrus County. (R. 42).

    
    

18. Reed was self-employed or in the course of regular employment, rendered or offered to render to other people interior design services as defined in Chapter 481.203(8), F.S., while operating her own business in New Jersey in 1984. (R. 43).

    
    

19. Reed assisted a commercial client by specifying a non-slip floor material, performed a space utilization study prior to changing a show room, and ordered non-structural counter partition changes. (R. 62).

    
    

20. Reed assisted two clients with kitchen remodellings in New Jersey. (R. 61).

    
    

21. Reed worked full time as an interior designer from August, 1983 through the present time and continuously held herself out as an interior designer, full time, during that period. (R. 46). Reed's business in Thousand Oaks, California assisted clients in remodeling interiors of their homes (R. 44) by making non-structural changes, doing space planning, lighting, adding fireplaces and adding garden rooms. (R. 46).

    
    

22. Reed maintained occupational licenses as an interior designer during the requisite six (6) year experience period. (R. 50).

    
    

23. Reed offered professional services as a consultant, specifier, and supplier. (R. 50).

    
    

24. Reed submitted drawings showing interior modifications and space utilization studies, and one of those representative files was submitted as Exhibit "D".

    
    

25. Reed solicited and received client performance forms that are part of the record which corroborates the Petitioner's rendition of interior design services for various clients during the six year period prior to January 1, 1990, including those of:

    
    

    1. Glenn S. Light-San Francisco, California; assisted in complete remodeling of home in May of 1982.

       
       

    2. Harriette Ferguson - Moorpark, California; acted as consultant on space utilization, furnishings and the fabrications of non-structural elements surrounding interior spaces of building.

       
       

    3. James E. Dickison-Plans, Texas; suggestions regarding traffic patterns, lighting, and furniture placement for home in West Lake, California in 1983.

       
       

    4. Leslie Dawn-Honolulu, Hawaii; from August 1983 through October, 1983; developed a floor plan, assisted in selecting furniture and window coverings, and specified wall coverings.

    5. Margaret Kovach-Waretown, New Jersey; December 1984 completed consultation requiring space planning, furniture placement, and specifications of wall and furniture coverings.

       
       

    6. Abbas Larizadeh-Jackson Heights, New York; designed the living, work, and storage areas in June, 1985.

       
       

    7. Joseph S. Vitale-Beverly Hills, Florida; complete specifications for new home including space planning in September, 1985.

       
       

    8. Catherine Piper-Ocean City, New Jersey; space planning and design and supervision of full storage system in March or April, 1986.

       
       

    9. Martha Pattley-Trenton, New Jersey; provided input on addition to home she originally designed interior specifications for in July, 1987.

       
       

    10. Joseph Valverde-Beverly Hills, Florida; assisted client with non- structural elements within and surrounding interior space of new home in November, 1987.

        
        

    11. Margaret and Louis Bertelli-Beverly Hills, Florida; respecified materials for interior of home and non-structural elements surrounding interior spaces in December, 1987.

    
    

26. All client preference forms indicated Petitioner was recommended as qualified and competent to be licensed as an interior designer in the State of Florida.

    
    

    CONCLUSIONS OF LAW

    
    

27. Pursuant to Chapter 120.57(1), F.S., the Petitioner has met the qualifications for licensure pursuant to Section 21, Chapter 89-19, Laws of Florida. The Petitioner clearly demonstrated that at least one year prior to October 1, 1988, she was identified by the title, "Interior Designer", had maintained a municipal or county occupational license for that profession in the State of Florida, and had at least six (6) years of interior design experience prior to January 1, 1990.

    
    

28. Reed is deemed to have used or been identified by the title, "Interior Designer" within the meaning of Section 21, Chapter 89-19, Laws of Florida, because she demonstrated that she was either for her 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.

    
    

29. The testimony of the Petitioner and her witness, along with the application containing client preference forms and other documentary evidence that was stipulated to as part of the record, clearly demonstrates that Petitioner is entitled to licensure as an "Interior Designer."

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is, RECOMMENDED:

That the Department of Professional Regulation, Board of Architecture and Interior Design, issue a Final Order approving the application of Carol Lee Reed for registration to be licensed as an "Interior Designer" in the State of Florida pursuant to Chapter 481, Part 1, Florida Statutes, and Section 21 of Chapter 89-19, Laws of Florida.

DONE and ENTERED this 22nd day of May, 1992, in Tallahassee, Florida.

COPIES FURNISHED:

James A. Neal, Jr., Esquire

213 North Apopka Avenue Inverness, FL 32650

STEPHEN F. DEAN,

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 22nd day of May, 1992.

Arthur R. Weidinger, Jr., Esquire Department of Legal Affairs

Suite 1602-The Capitol Tallahassee, FL 32399-1050

Angel Gonzalez, Executive Director Board of Architecture and Interior

Design

1940 North Monroe Street Tallahassee, FL 32399-0792

Jack McRay, General Counsel Department of Professional

Regulation

1940 North Monroe Street Tallahassee, FL 32399-0792

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. 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.

Docket for Case No: 91-005640

Orders for Case No: 91-005640