The Issue The issue for determination in this proceeding is whether Petitioner should be licensed without examination as an interior designer on the ground that Petitioner had six years experience as an interior designer prior to January 1, 1990, in accordance with applicable provisions of Chapter 88-383, Laws of Florida, as amended by Chapter 89-19, Laws of Florida.
Findings Of Fact Petitioner timely applied to the Board of Architecture and Interior Design (the "Board") for licensure without examination as an interior designer pursuant to Chapter 88-383, Laws of Florida. Petitioner's application was dated December 29, 1989, and was received by the Board on January 4, 1990. The Board advised Petitioner of its intention to deny her application in a letter dated October 22, 1990. The letter stated in relevant part: A review of your application by the Interior Design Committee shows that you did not sufficiently document that you have met the definition of Interior Design for a six year period. Employers prior to 1986 did not evaluate your design abilities, nor did they provide a job description. Also client forms previously submitted do not contain a sufficient description of Interior Design services. In order to receive reconsideration you must submit three additional detailed client reference forms that span six years of experience. These letter must contain both the time frame and a detailed description of Interior Designer, not an Interior Decorator. The Committee has also requested that you send in samples of your interior design plans and drawings. Petitioner graduated from Western Michigan University in 1983 with a Bachelor of Science degree in Interior Design. The curriculum required the last three years of the four year educational program to concentrate on interior design. Petitioner had three years of drafting, studied space and electrical utilization, and the application of building codes to interior design. Petitioner completed courses in architecture, art design, art principles, textitles, design principles, and floor plans. Michigan did not then nor does it now license interior designers. While attending college, Petitioner began working 15 to 20 hours a week in April, 1982, as an assistant interior designer for Xenia Eliadeas at Interiors by Xenia in Gross Pointe, Michigan ("Xenia"). Petitioner's primary responsibility was to draw floor plans for use in interior design projects. Ms. Eliadeas graduated from Michigan State University with a degree in interior design and had 20 years of experience in interior design. Petitioner has been identified by the title "interior designer" and has six years experience performing interior design services prior to January 1, 1990, in accordance with applicable provisions of Chapter 88-383, Laws of Florida, as amended by Chapter 89-19, Laws of Florida. Petitioner worked full time as an interior designer from July, 1983, through December, 1989, at Xenias and Worrells Interiors, 201 South Ocean Boulevard, Manalpian, Florida ("Worrells"). In July, 1983, Petitioner began working full time with Xenia as an interior designer. Petitioner worked six days a week from 8:00 a.m. to 5:00 p.m. For the first six months, Petitioner's duties primarily involved commercial and residential floor plan drawings including design drawings for restaurants. Petitioner was responsible for Xenia's clients whenever the owner was not present. The largest single project for which Petitioner had primary responsibility while at Xenias involved the renovation of a warehouse. The renovation required walls to be removed, bathrooms to be installed, and for the warehouse to be renovated into an office and factory. Petitioner had 100 percent "hands-on" responsibility for the project. The renovation took two years to complete and was finished sometime in July, 1985. From July, 1985, until January, 1986, 90 percent of Petitioner's duties involved interior design for residential projects including both retainer contracts and "walk-ins." Petitioner moved walls, re-designed space planning for traffic patterns in existing homes, and designed jacuzzis and work-out rooms which had to be installed over plumbing and had to have ventilation designed. Some of her space planning required Petitioner to design proper clearances for wheel chairs. Petitioner performed interior design services in all of the jobs she performed on a full time basis from July, 1983, through January, 1986. The proportion of design services to decorating services performed by Petitioner at Xenias varied with each job, but the portion of design services was approximately 60 percent of her duties. However, Petitioner prepared drawings in 100 percent of her jobs. Petitioner left Xenias in January, 1986, and moved to Florida. On April 5, 1986, Petitioner began working full time as an interior designer for Worrells. Since joining Worrells, Petitioner has spent 100 percent of her time performing the duties of an interior designer. Worrells has a drafting room with drafting equipment and tables located behind the studio. Petitioner prepared design plans in the drafting room on a daily basis. She has averaged approximately 25 jobs a year. Each job requires anywhere from three months to a year to complete. She has developed a substantial referral business which comprises approximately 50 percent of her clientele. Petitioner has performed a variety of interior design functions at Worrells involving new construction, renovations, and both commercial and residential projects. Petitioner has performed a great deal of space utilization involving the removal of walls, making adjustments in space utilization, and recreating rooms. Petitioner has presented original ideas and concepts, worked from floor plans, reflected ceiling plans, and electrical plans. She has performed functions involving off-space planning and design and prepared design plans. She has consulted with professionals and with a full complement of general contractors and subcontractors, including electrical contractors and plumbers. Petitioner typically works on six to eight jobs at a time. She always performs in a professional and competent manner and has never had an unsatisfied client or an unfinished job.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Architecture and Interior Design enter a Final Order granting Petitioner licensure, without examination, as an interior designer pursuant to Section 21(1)(b) of Chapter 88-383, Laws of Florida, as amended by Chapter 89-19, Laws of Florida. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 10th day of November 1992. DANIEL MANRY Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of November 1992. APPENDIX Petitioner did not submit proposed findings of fact. Respondent submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. The Respondent's Proposed Findings of Fact Proposed Finding Paragraph Number in Recommended Order of Fact Number of Acceptance or Reason for Rejection 1-3 Accepted in finding 1-3 4 Accepted in finding 5 5 Accepted in finding 3 6-7 Rejected as recited testimony 8-10 Rejected for the reasons stated in finding 4-8 Accepted in finding 6 Rejected for the reasons stated in finding 6 Rejected in finding 10 Accepted in finding 10 15 Accepted in findings 10, 12 16 Rejected as recited testimony 17 Accepted in finding 12 18-20 Accepted in findings 12-13 21 Rejected as immaterial COPIES FURNISHED: Marla Kay Sanford Post Office Box 3323 Lantana, Florida 33465-3323 Arthur R. Wiedinger, Jr., Esquire Assistant Attorney General Department of Legal Affairs Suite 1603, The Capitol Tallahassee, Florida 32399-1050 Angel Gonzalez, Executive Director Department of Professional Regulation, Board of Architecture & Interior Design 1940 North Monroe Street Tallahassee, Florida 32399-0792 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact The Petitioner timely filed his application for licensure as an interior designer with the Board of Architecture and Interior Design (the Board) on January 2, 1990. See Respondent's exhibit 2. The Board advised the Petitioner on February 1, 1990, that his application was incomplete and requested additional information from the Petitioner by forwarding to him a copy of supplemental question 11. See Respondent's exhibit 2. The Board advised the Petitioner by letter dated June 7, 1990, that he had not provided the information requested on February 1, 1990. See Respondent's exhibit 2. On November 21, 1990, the Board advised the Petitioner that his application would be deemed abandoned unless he completed his application within 30 days by answering completely questions 7 and supplemental question 11 on the application. See Respondent's exhibit 2. On December 3, 1990, the Board advised the Petitioner, by certified mail, of the information previously provided to him by letter on November 21, 1990. The Petitioner signed a receipt for the certified letter on December 5, 1990. See Respondent's exhibit 2. The Petitioner supplied no further information to the Board after filing his initial application on January 2, 1990. The Board advised the Petitioner by letter dated March 20, 1991, and by certified letter on March 22, 1991, that his file had been deemed abandoned and that he had 21 days from receipt of the letter to request a formal hearing pursuant to Chapter 120, Florida Statutes. See Respondent's exhibit 2. The Petitioner received this notice, as indicated by his signed receipt, and timely requested a formal hearing by letter to the Board dated April 15, 1991.
Recommendation It is, accordingly, RECOMMENDED: That Petitioner be awarded a license without examination pursuant to Chapter 89-19, Laws of Florida, and Section 120.60(2), Florida Statutes. DONE and ENTERED this 16th day of December, 1991, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of December, 1991. COPIES FURNISHED: Joseph A. Lerner 8410 Papelon Way Jacksonville, FL 32217 Arthur R. Wiedinger, Jr., Esq. Department of Legal Affairs The Capitol, Suite 1603 Tallahassee, FL 32399-1050 Angel Gonzalez, Executive Director Department of Professional Regulation Board of Architecture and Interior Design 1940 North Monroe Street Tallahassee, FL 32399-0792 Jack McRay, Esq. General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792
The Issue Whether petitioner has abandoned her application for licensure as an interior designer?
Findings Of Fact At the time and place scheduled for hearing petitioner failed to appear and put on proof.
Recommendation It is, accordingly, RECOMMENDED: That respondent deny petitioner's application, without prejudice to the filing of a subsequent application. DONE and ENTERED this 14th day of May, 1992, in Tallahassee, Florida. COPIES FURNISHED: ROBERT T. BENTON, II 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 14th day of May, 1992. Arthur R. Weidinger, Jr., Esquire Department of Legal Affairs Suite 1603-The Capitol Tallahassee, FL 32399-1050 Alice Maye Atkins 155 Marilyn Drive #47-A Baton Rouge, LA 70815-5609 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
Findings Of Fact On October 3, 1989, Maureen Timm filed with the Department of Professional Regulation ("DPR"), her application for licensure without examination as an interior designer. By letter dated December 18, 1991, Ms. Timm was informed that her application was being denied and that she was entitled to request a formal hearing to challenge the decision. Ms. Timm thereafter filed a request for formal hearing. During the period between October 3, 1989 and December 18, 1989, Ms. Timm filed supplemental information in support of her application. For the purposes of this Recommended Order, all information submitted by Ms. Timm has been considered without regard to the date of submission. Although there is evidence that Ms. Timm is currently capable of providing interior design services, the greater weight of the evidence fails to establish that, for the six year period prior to December 31, 1989, Ms. Timm's services met the statutory definition of "interior design". To the contrary, the evidence establishes that services provided by Ms. Timm during the referenced six year period, especially prior to the November of 1987, consisted primarily of interior decorating services provided first through a paint and decorating store and then through department store furniture sales. Ms. Timm's application states that she worked for Havco Paint and Decorating from July, 1979 to July 1980 as a "designer in wallcovering and window treatment department." During this time, Ms. Timm primarily assisted customers in selection of wallcoverings, window treatments and floor coverings. The evidence fails to establish that such services meet the statutory definition of "interior design". The application indicates that from July 1981 to December 1984, Ms. Timm was employed as a "designer in the furniture department" of an Ivey's department store unit. During this period, Ms. Timm assisted customers in selection and placement of furniture, window treatments and wall coverings. The evidence fails to establish that such services as were related to the sale of furniture and related decorating services meet the statutory definition of "interior design". The application indicates that from January 1985 to January 1986, Ms. Timm was employed as a "designer in the furniture department" of a Robinson's department store unit. During this period, Ms. Timm assisted customers in selection and placement of furniture, window treatments and wall coverings. The evidence fails to establish that such services as were related to the sale of furniture and related decorating services meet the statutory definition of "interior design". The application indicates that from September 1986 to April 1987, Ms. Timm was employed as a "floral designer" for World Bazaar, during which time she designed flower arrangements for the store and individual customers. The services provided by Ms. Timm to World Bazaar customers clearly fail to meet the statutory definition of "interior design". The application indicates that from November 1987 to September 1988, Ms. Timm was employed as an "interior designer for "Midge Wright, The Wright Place." As set forth in the application, Ms. Timm "designed customer's homes, estimated cost of jobs, placed orders, followed through on completion of jobs." The evidence fails to establish that Ms. Timm's services to Ms. Wright's customers meet the definition of "interior design". The application indicates that from September 1988 to the present, Ms. Timm has worked as a "self-employed interior designer" during which time she has "designed U. S. Home models and customers homes and condos". Ms. Timm's file includes references from a number of customers who have utilized her services during this period. The greater weight of the evidence establishes that the services provided by Ms. Timm during this period meet the statutory definition of "interior design". Services such as color coordination, flooring, wallpaper, window treatments and furniture selection are interior decorating services. During the hearing, Ms. Timm asserted that her work during the six year period prior to December 31, 1989 met the definition of "interior design". Beyond the evidence addressed herein, there is no documentary support for Ms. Timm's testimony. Although Ms. Timm appears to be capable of providing some interior design services, the evidence is insufficient to establish that she has done so for the six year period ending December 31, 1989. Accordingly, she does not qualify for licensure without examination as an interior designer.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department of Professional Regulation, Board of Architecture and Interior Design enter a Final Order denying the application of Maureen Timm for licensure as an interior designer under the "grandfather" provisions cited herein. DONE and RECOMMENDED this 25th day of September, 1992 in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM 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 25th day of September, 1992. APPENDIX TO RECOMMENDED ORDER, CASE NO. 92-0948 The following constitute rulings on proposed findings of facts submitted by the parties. Petitioner The Petitioner's proposed recommended order consisted of five unnumbered paragraphs which are accepted as modified and incorporated in the Recommended Order except as follows: Paragraph #1, Rejected, cumulative. Paragraph #2, Accepted, however, preparation of window treatments and wallcovering does not meet the statutory definition of interior design. Paragraph #3, Rejected, not supported by greater weight of credible and persuasive evidence. Paragraph #4, Accepted as to submission of additional material. Rejected as to discussions with DPR representative, irrelevant. Paragraph #5, Rejected, conclusion not supported by evidence. Respondent The Respondent's proposed findings of fact are accepted as modified and incorporated in the Recommended Order except as follows: 2-5. Rejected, unnecessary, subordinate. 13. Rejected, irrelevant. COPIES FURNISHED: Angel Gonzalez Executive Director Board of Architecture and Interior Design Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399-0792 Jack McRay General Counsel Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399-0792 Maureen Timm 12950 Iona Road Fort Myers, FL 33908 Arthur R. Wiedinger, Esq. Assistant Attorney General The Capitol, Suite 1603 Tallahassee, FL 32399-1050
