The Issue The issue presented is whether Petitioner's application for licensure, without examination, as an interior designer should be granted.
Findings Of Fact Petitioner was born in Europe. Since both her father and her brother were architects, she was exposed to a background of architecture and design. She received a bachelor of arts degree in fine arts in Holland, which included many drafting courses and interior design courses. She travelled extensively through Europe studying the many different architectural styles of many different time periods. She came to the United States twenty years ago. From January 1982 through September 1984 Petitioner was employed full- time by Lucido Brothers as a design consultant. Lucido Brothers is a manufacturer and seller of fine cabinetry, specializing in custom-made kitchens and bathrooms, including built-in wall-units and room dividers, storage cabinets, wet bars, bookcases, and entertainment centers. Lucido Brothers further specializes in new construction and renovations. During that employment, Petitioner consulted with customers, visited job sites, and took measurements. Although Petitioner worked closely with builders and architects, she did her own drawings, designs, and spacial analyses. She designed custom-made furniture, wall-units, and built-in dividers as non-structural walls. She designed kitchens and bathrooms and built-in window seats. She drew floor plans, reflected ceiling plans, and drawings for wall partitions. She supervised the construction and installation of the custom-made furniture, built-ins, and cabinets. She specified recessed lighting and the placement of light fixtures and electrical outlets. After leaving the employ of Lucido Brothers, Petitioner opened her own business, called Barbara's Interiors, on March 29, 1985. She obtained an occupational license which she still renews every year. She worked full-time as an interior designer in that business through December of 1986. Petitioner's husband is an electrical contractor. While at Barbara's Interiors, she did many jobs with her husband, as she has for the last twenty years. In conjunction with those jobs, Petitioner designed recessed lighting (indirect lighting), suspended ceilings, track lighting, soffit lighting, and spot lighting. Many of her customers at Barbara's Interiors were building new homes or renovating existing homes. However, Petitioner also designed interiors for offices and commercial buildings. At Barbara's Interiors, Petitioner consulted with customers, visited job sites, and took measurements. She reviewed blueprints with architects and builders. She analyzed space and did her own drafting and layouts. She drew reflected ceiling plans. She drew interior elevations, doorway locations, and window locations, and drew how they should be altered by enlarging to improve lighting or view. She selected floor coverings based on safety and functional criteria. She selected window treatments based on functionality, lighting, ventilation, and the alteration of window form and appearance. She drew floor plans, designed additional storage space, and re-designed lighting. She designed non-structural walls and room dividers to separate living areas. She assisted contractors in the remodeling of homes, converting a porch into a kitchen, and a dining room and kitchen into a larger dining room. She remodelled bathrooms. In addition to doing interior design work while at Barbara's Interiors, Petitioner also did work which can be done by interior decorators. The division of labor between designing and decorating was probably fifty percent each. From January of 1987 through May of 1990 Petitioner was employed full- time by Ethan Allen Galleries in West Palm Beach as an interior designer. Ethan Allen is a retail business, which manufactures its own furnishings and offers interior design services. At Ethan Allen Petitioner consulted with customers, visited job sites, and took measurements. Although she used blueprints provided by customers and worked with their builders and architects, she also did her own room layouts. She designed rooms according to the architectural style and period specified by her customers. She designed built-in furniture to be used as room dividers, designed recessed and soffit lighting, added partitions to existing rooms and enlarged windows, and supervised the manufacturing of custom-built furniture. She also supervised subcontractors implementing her selection of paint, wallpaper, and carpeting. She designed floor-to-ceiling shelves as a dividing wall and drew her own floor plans. She designed additional storage space and re-designed lighting. Working with architects and builders, she designed room additions. She designed changes to interior doorways and to windows. She performed spacial analysis, and she supervised installation. In addition to performing interior design services at Ethan Allen Galleries, Petitioner also performed interior decorating services. The division of labor between those things currently requiring licensure and those things not requiring licensure was 50/50. Prior to January 1, 1990, Petitioner had a total of seven years and five months of full-time interior designer experience.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered granting licensure to Petitioner, 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 ENTERED this 29th day of April, 1992, at Tallahassee, Florida. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SC 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of April, 1992. APPENDIX TO RECOMMENDED ORDER DOAH CASE NO. 91-6759 Respondent's proposed findings of fact numbered 10, 11, 13-16, and 18- 21 have been adopted either verbatim or in substance in this Recommended Order. Respondent's proposed findings of fact numbered 1-9 have been rejected as being unnecessary to the issues involved herein. Respondent's proposed findings of fact numbered 12, 17, and 22 have been rejected as not being supported by the weight of the competent evidence in this cause. COPIES FURNISHED: Ms. Isabella B. Gomulka 1663 Pleasant Drive Juno Beach, Florida 33408 Arthur R. Weidinger, Jr. Assistant Attorney General Department of Legal Affairs Suite 1603 The Capitol Tallahassee, Florida 32399-1050 Angel Gonzalez, Executive Director Board of Architecture and Interior Design Department of Professional Regulation 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 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 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
The Issue The issue in this case is whether Petitioner, Janet Friedman, is qualified for licensure, without examination, as an interior designer pursuant to Chapter 88-383, Laws of Florida, as amended by Chapter 89-19, Laws of-Florida, based upon her experience and employment history.
Findings Of Fact Based upon the oral and documentary evidence adduced at the final hearing and the entire record in this proceeding, the following findings of fact are made. By application dated August 31, 1989, Petitioner applied to the Board for licensure, without examination, as an interior designer pursuant to Chapter 88-383, Laws of Florida. Her application was received by the Board on September 7, 1989. Respondent does not dispute that Petitioner's application was timely filed. The Board, by letter dated October 19, 1990, advised Petitioner of its intention to deny her application. The following explanation was given in the letter: 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. The Committee is concerned with whether you were working full-time in the Interior Design field during the time you were in school. Also client reference forms previously provided do not give us sufficient interior design descriptions [ sic] . Petitioner graduated with honors from Broward Community College with an AS degree in Interior Design in 1985. Petitioner attended Broward Community College from 1982 through June, 1985. Petitioner took three years to complete a program that would usually take a full-time student two years to complete. Petitioner attended school on a part-time basis and generally did not take more than 9 credit hours at a time. Thus, she was usually not in class more than 9 hours per week. Some of her classes were at night and on weekends. She took classes straight through the summers. Beginning in June of 1983, Petitioner started working with Executive Caterers. That position was a full-time job and she was paid on a weekly basis. Executive Caterers handled functions such as weddings, etc. for a synagogue. The company was responsible for managing and coordinating the renovations of the facilities at the synagogue. Her employer, Sabino Demieri, testified at the hearing and confirmed that he allowed Petitioner to arrange her work schedule around her classes. Petitioner was expected to and did work between 35 to 40 hours per week and sometimes more. Mr. Demieri also confirmed that Petitioner's employment with Executive Caterers was exclusively limited to coordinating renovations to the existing facilities and her duties consisted of interior design work. Throughout the time that Petitioner worked with Executive Caterers, the company was involved in renovations of the facilities. Renovations were undertaken with respect to the ballroom, the reception area, the lobbies, two bathrooms and the bridal room. Petitioner no longer has any of the drawings related to these projects. As part of her work, Petitioner prepared electrical ceiling plans, lighting plans and a space plan. As part of her space planning, she created closets and moved non-load bearing walls. She picked wall coverings, colors and furnishings. Petitioner worked for Executive Caterers from 1983 to sometime in l985. During that time, she also did interior design work for other groups and individuals on the side. In October of 1983, Petitioner prepared a floor plan showing the placement of tables and lighting for a proposed restaurant called the Grill. The restaurant was being developed by some of the people involved with Executive Caterers, however, Petitioner was paid separately for her work on the Grill. The plans prepared by Petitioner included a reflective electrical ceiling plan. For reasons not pertinent to this case, the developers of this restaurant decided not to go forward with the project and the facility was never constructed. In December of 1983, Petitioner prepared plans for a proposed office renovation for Outpatient Services, a medical clinic. The plans included a floor plan and lighting plan for the lobby, clerical and reception areas. The plans included a space utilization plan and a reflective lighting plan. The plans were submitted for bid, but work was never commenced. In December of 1984, Petitioner prepared a site plan for a home owned by Ken Williams. These plans (which were identified at the hearing, but were not transmitted with the rest of the blueprints in Petitioner's Composite Exhibit 7) included a floor plan with the electrical schedules shown on the plans, and house elevations. l0. In 1984, while Petitioner was still employed by Executive Caterers, she was retained by Scott Heiken to design renovations for his house. The discussions regarding this work began sometime in 1983. Petitioner actually prepared the plans during 1984. While the plans relating to this work are no longer available, Mr. Heiken testified regarding Petitioner's preparation of those plans. As part of the plans, Petitioner designed the kitchen, living room and dining room areas. These plans involved moving certain non-load bearing walls and the design of a pass through area in the kitchen. Petitioner also prepared plans showing electrical fixtures and lighting fixtures prior to the commencement of the work. These plans were reviewed with the client and the work was successfully completed in 1984. Petitioner began her own business, Interiors By Janet, sometime in 1984 or 1985. Petitioner has held occupational licenses for this business beginning with the year ending September, 1985 through the present. Sandy Samole, a licensed interior designer, has known Petitioner since approximately 1985 and she has been aware of Petitioner functioning as an interior designer throughout the whole time that she has known her. Petitioner is a member of the Interior Design Guild ("IDG") an organization made up of interior designers in South Florida. IDG has two levels of membership. Those individuals who do not meet the qualifications to be called designers are affiliate members as opposed to professional members. This distinction has been in place for several years. Petitioner is First Vice President and has a professional membership in IDG. In 1988, Petitioner passed an exam given to prospective design members of IDG. While passage of the IDG exam is not a basis for licensure under the statute, it does confirm Petitioner's focus on the design aspects of the business during the pertinent time period. There is apparently a rivalry between IDG and ASID. It has been suggested that there is a reluctance to accept and/or recognize design members of IDG for purposes of licensure. Those issues are beyond the scope of this hearing.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMNENDED that the Board of Architecture and Interior Design enter a Final Order finding that Petitioner is qualified for 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 ENTERED this 27 day of February, 1992, at Tallahassee, Florida. J. STPHEN MENTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27 day of February, 1992. COPIES FURNISHED: Angel Gonzalez, Executive Director Department of Professional Regulation/ Board of Architecture & Interior Design Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Jack McRay, General Counsel Department of Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Pau1 M. Zisholtz, Esquire Crocker Center, Tower I 52430 Town Center Circle Suite 105 Boca Raton, Florida 33486 Arthur R. Wiedinger, Esquire Off-ice of the Attorney General Department of Legal Affairs Board of Architecture Interior Design Suite 1603, The Capitol Tallahassee, Florida 32399-1050 APPENDIX Only Respondent submitted proposed findings of fact. The following constitutes my rulings on those proposals. The Respondent's Proposed Findings of Fact Proposed Finding Paragraph Number in the Findings of Fact of Fact Number in the Recommended Order Where Accepted or Reason for Rejection. Adopted in substance in the Preliminary Statement and in Findings of Fact 1, Adopted in substance in Findings of Fact 2. Addressed in Conclusions of Law 5 and 6. Addressed in Conclusions of Law 5 and 6. 5, Addressed in Conclusions of Law 5 and 6. Addressed in Conclusions of Law 5 and 6. Adopted in substance in Findings of Fact 3 and 4. Adopted in substance in Findings of Fact 5. Adopted in substance in Findings of Fact 6. Adopted in substance in Findings of Fact 7. Adopted in substance in Findings of Fact 7. Adopted in substance in Findings of Fact 8. Adopted in substance in Findings of Fact 9. Adopted in substance in Findings of Fact 10. Adopted in substance in Findings of Fact 6. Subordinate to Findings of Fact 6. Adopted in substance in Findings-of Fact Adopted in substance in Findings of Fact 12. Subordinate to Findings of Fact 12. Subordinate to Findings of Fact 5 and 6. Subordinate to Findings of Fact 5 and 6. Subordinate to Findings of Fact 5.
The Issue The issue for consideration in this case is whether the Petitioner, Karen D. Mast, qualifies for licensure without examination as an interior designer as a result of the breadth of her experience consistent with provisions of Florida Statutes.
Findings Of Fact At all times pertinent to the issues herein, the Respondent, Board of Architecture and Interior Design, (Board), was the state agency charged with the responsibility for the licensing and regulation of the interior design profession in Florida. At some time prior to 1975, when the Petitioner moved to South Florida from Long Island, she attended Nassau Community College, working toward an associate degree in fine arts. She was going to continue with her education when, in that year, she received a call from her brother to come to work with him and another brother who had started a furniture design and construction business in south Florida. As a result of the call, she moved to south Florida and started work with them on a full time basis, designing furniture pieces and the settings for their display. She also started taking her own clients in 1976. Petitioner's brother, Robert Sabin, with his brother, started a business called Cartel in Miami in 1970. Cartel manufactured furniture, upholstery, case goods and stainless steel furniture and distributed it throughout the United States. Though the company had hired a designer, J.S. & Associates, at the brothers' request, Petitioner came to work with the company in the early 1970's, initially starting with J.S. & Associates. By 1975, however, she was a full fledged designer both in conjunction with and independent of the company. When, at that time, the company outgrew its prior facility and purchased a new building, Petitioner designed not only the interior showroom but the facade of the building as well to increase its appearance. Primarily this involved the rearrangement of interior walls but little structural change. In 1980, the company bought a new building which required extensive redesign, and Mr. Sabin and his brother gave Petitioner the job of redesigning it. With regard to this change, Petitioner did everything from drawing the blue prints to final design. Her plan for the building involved gutting it, installing new walls consistent with her design, new windows, doors, display platforms, scenic displays and the like, and at the same time, she was hard at work designing new product. In addition to working for the company in the design of its product and building, she also designed outside projects for the firm, going to out of state showrooms to insure the company's product was properly displayed. This, however, appears to be theatrical design rather than interior design since it consisted of the design of backdrops, props and the like. In addition, she did an apartment for the owner of Carnival Cruise Lines, and a restaurant, and she assisted in the interior redesign of the Eden Roc Hotel, though she made no changes to the structure. She also worked on the Cricket Club as well, all of which involved major changes without going beyond the limits of her capabilities. Through all this time, Petitioner worked for her brothers' firm doing the design projects. Witness Sabin was in charge of production; his brother, now deceased, was in charge of sales, and Petitioner was the designer. Ms. Mast's primary design work was more intensive from 1981 on when the major reconstruction of the new building was under way. At this point, though the job was hers, she was not just a decision maker on design done by someone else. She, in fact, did the actual design work for the various construction segments. She knew her brothers' taste and could design what they wanted and she believed they would like. She designed it from the beginning and supervised it through its fulfillment. The concepts were hers, though they were based on the general thoughts conveyed to her by them. In 1983, Paul F. McCarthy, a resident of Vero Beach, met Petitioner and her brothers and has been friendly with her family since then. In fact, Petitioner helped him guide his daughter into the field of interior design. In 1987 Mr. McCarthy retained the Petitioner to redo a house he had bought in Vero Beach. As a part of her work, she redesigned the kitchen, the family room and the living room into a wide open great room. The result was "spectacular." She met the strict time constraints for all work done which included submitting renderings involving the removal of interior walls and board samplings and elevations, all before the work started, and when the work was completed, Mr. McCarthy classified it as no less than "outstanding." When he sold the property at a large profit, he believed his ability to sell at such a profit was due primarily to the work done by Petitioner. Because he was so satisfied with her work, Mr. McCarthy introduced Petitioner to two top interior designers practicing in Vero Beach, and has also recommended her to developers and builders. He feels she is extremely talented, straightforward and honest. She gives excellent service in a prompt manner and she recognizes and satisfies her client's needs in a warm, caring and friendly manner. He would recommend her to others and would use her on future projects. Donald Wright, a winter resident of Fort Lauderdale and a summer resident of Toronto, has known Petitioner since 1983 when he was referred to her by a realtor. Mr. Wright is in the business of purchasing and remodeling homes and condominium apartments and at that time, when he was considering a redoing a condo for resale in Toronto, he contacted Petitioner and requested she come there and work with him on the project. At that time, he did not know any suppliers and was very impressed with the work she had done in the past. The facility in question needed complete rehabilitation since it was an older building which he wanted to update and modernize. It required a redoing of the flooring, changing the floors, walls and counters in the kitchen, changing the laundry room, and adding a bathroom. Initially, Mr. Wright took Petitioner to the material suppliers with whom he had worked in the past, but once she agreed to do the job, she took over and ran with the ball. She got samples, made suggestions and completely redesigned the interior of the apartment. He was satisfied with her work which took approximately a month and a half. In 1988, Mr. Wright, who had been contacted by a foreign investor to convert three apartments in Toronto into one large apartment, retained Petitioner to work with him in the redesign of this project. He gave Petitioner the original plan for the three apartment, and in general described to her how he wanted them converted into one large apartment. This involved the movement of bathrooms, two kitchens, four bedrooms, a maid's quarters and a pantry. Having evaluated the project, Petitioner suggested changes to be done and gave Mr. Wright rough drawings of how the project would look when completed. Mr. Wright took these to the owner who approved them, after which Petitioner did the final drawings which were also approved by the owner. Petitioner and Mr. Wright worked together on this project. He gave her the sources of supply and got samples, and they worked together until the job was finished. She redesigned the complete interior of the new apartment, changing the layout of the bathrooms and the kitchen, not only with cabinets but counters as well, provided for tiling in both areas, obtained furniture samples and wall covering, and the like and the job was completed before the time allotted had expired. The owner of the apartment was very satisfied with the work done by Wright and the Petitioner. Sometime in 1986, Mr. Wright again retained Petitioner to work on the redesign of the interior of a 70 foot yacht, the owner of which wanted the interior gutted and replaced. This involved the redesign of the staterooms, bath and galley, and included new paneling, new furniture, new colors, new dimensions, and the like. The owner picked out the appliances he wanted, but Mr. Wright and Petitioner worked together in designing their placement and the placement of the lighting. She designed the cabinetry work and the layout of the kitchen and a sound system so as to get the most usable space out of the limited area available. The owner was extremely pleased with the result. Mr. Wright has been in the modification business for approximately 15 years and is not, himself, a designer. However, he has a very high opinion of the quality of the work performed by Petitioner. She has impeccable taste and knows how to lay out and utilize space. She knows the limitations that are placed on structural changes and is capable of redesigning space to conform to and comply with limitations on structural change. Ms. Mast is extremely proud of the work she has done and believes she has dedicated her life to her work. She limits her practice to high end clients and the majority come to her as the result of referrals from other clients. She is proud of the name she has developed in the interior design field over the years she has practiced. Petitioner presented a brochure of her brothers' furniture line and was able to point out some 15 or so individual pieces she had designed in addition to the showroom layout. As to her design of the building in which the company operates, she designed the tile work, the placement of interior walls, the use of glass block and the structure within the supporting walls of the building. In addition, she designed the interior of a restaurant in Bogota, Colombia, and the departure bar in the Aruba International Airport in the West Indies. With regard to those last two projects, the plans submitted by Petitioner as having been drawn by her reflect that the departure bar was designed in 1985 and the restaurant in 1989. Review of the plans indicates that the date on the drawing purportedly done by Petitioner appears to have been altered, since the figures, "85" do not seem to have been drawn by the same individual who inserted the "19". They appear different. Much the same appears on the chicken restaurant drawings where the Petitioner's initials appear to have been inserted over some other name, and not placed there at the time the plans were drawn. However, no evidence was submitted by the Department to contest the identity of the plans or that Petitioner drafted them, and as a result, they are accepted as offered. With regard to these facilities, Petitioner claims she did the floor plans, the tile detail and the interior design detail on both. She has been a member of the International Furniture and Design Association for several years. Petitioner's application for registration as an interior designer in Florida was received by the Department on January 5, 1990. Petitioner was requesting registration by exemption rather than by examination, and properly submitted the $50.00 fee at the time of her application. The application as initially submitted, reflected her experience from 1975 to 1982 with Cartel, Inc., her brothers' furniture firm, and from 1982 to the present as an interior designer with Rudolph Collections, also a design firm owned by her deceased brother, Paul. From November, 1989 to the present, she was an interior designer with Thomasville Showcase Interiors in Pompano Beach. It would appear from the application and the supporting documents that the Board did not consider the listed description of the nature of her work performed to fall within the criteria qualifying her for an exemption. Along with the application, Petitioner also submitted a statement from Mr. McCarthy, and one from the personnel administrator of Thomasville Showcase Interiors with whom she has worked since 1989, which indicated she was involved not only in layout, color coordination, furniture selection and the like, but performed the additional task of space planning as well. Petitioner also submitted several client reference forms which reflect that she performed the services of an interior designer for those clients in 1987 and two more from as early as 1983 and 1984. The one from Jean Craft, which relates to a 1984 employment, concerns Petitioner's activities in selecting fabrics, window treatments and the use of mirrors and wall covering. This is more the work of an interior decorator, however, than that of an interior designer. In 1983 and 1984, however, Petitioner worked for a Mrs. Nettie Effron in New York. In that operation, Petitioner prepared drawings showing elevations and concept details which involved structural changes and the introduction of skylights, glass panels and other interior changes. The Board, however, in reviewing Petitioner's application, concluded that the references submitted by Petitioner with her application did not sufficiently describe experience in interior design for the six years prior to January 1, 1990, which is required by the statute. The additional testimony presented at hearing, which includes a statement of Mr. Don Blumenthal, of Miller Construction, adds considerable to the history of interior design experience, however.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that a Final Order be entered granting the Petitioner, Karen D. Mast, registration as an interior designer in Florida without examination. RECOMMENDED in Tallahassee, Florida this 27th day of January, 1992. ARNOLD H. POLLOCK 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 27th day of January, 1992. COPIES FURNISHED: Karen D. Mast 600 Parkview Drive, Apt. 527 Hallandale, Florida 33309 Arthur R. Wiedinger, Jr., Esquire Department of Legal Affairs Suite 1603 - The Capitol Tallahassee, Florida 32399-1050 Jack McRay General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Angel Gonzalez Executive Director Board of Architecture and Interior Design 1940 North Monroe Street Tallahassee, Florida 32399-0792
