The Issue The central issue in this case is whether Petitioner is entitled to licensure as an interior designer under the criteria set forth in Section 21, Chapter 88-383, Laws of Florida.
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: The Petitioner, M. Sharma Bryant McAlwee, is an applicant for licensure as a registered interior designer. Petitioner sought licensure without examination based upon the procedure described in Section 21, Chapter 88-383, Laws of Florida. The Department does not dispute that Petitioner timely filed the licensure application pursuant to that section but has alleged that Petitioner failed to establish she meets the relevant criteria for licensure without examination. More specifically, the Department denied the Petitioner's application based upon a purported failure to show at least six years of interior design experience as a principal of a firm offering interior design services. Whether or not Petitioner has passed the examination administered by the National Council for Interior Design Qualifications is unknown. That qualification has not been stated to be at issue in these proceedings. The Petitioner received a master of arts degree from Western Michigan University in December, 1980. The course work undertaken by Petitioner while at that university included a number of interior design studies. Petitioner's B.S. degree was conferred by Grand Valley State Colleges in 1978. In March, 1980, Petitioner was employed by Altered Spaces, an interior design company. At that time, Petitioner represented herself to be an interior designer on business cards utilized in her work for that company. While employed by Altered Spaces, Petitioner prepared several kitchen remodeling designs for Mr. and Mrs. Tammer. Those designs considered the structural support of the existing room together with the windows, doorways and arch. After conferring with the client, Petitioner prepared drawings and sketches to demonstrate her suggestions for the proposed project. Those drawings considered such items as lighting, location of appliances, flooring, and the relocation of counters and sink. During her employment with Altered Spaces, Petitioner designed several projects where wiring, duct work, and plumbing had to be considered. Additionally, Petitioner proposed color, fabric, and lighting plans for that company's projects. Petitioner presented copies of bank records from the years 1981, 1982, 1983, and 1984 wherein the account was entitled in Petitioner's name with the designation "Interior Designer." Petitioner presented copies of occupational license records issued by the City of Indian Harbour Beach, Florida, which indicate Petitioner has been doing business in that community as an interior designer for the years 1989-90 and 1990- 91. The first of those licenses was issued on September 8, 1989. In 1984-85, Petitioner was associated with a company known as Bizarre Bazaar. The business card for that company indicated "Antiques-Uniques." Petitioner may have engaged in a limited amount of design work while with that company but not to the extent as with her prior association, Altered Spaces. In 1981, Petitioner worked with the builder of Chinatown Restaurant in Grand Rapids, Michigan. She made adjustments in the floor plans, reworked certain structural elements to facilitate the traffic plan, planned the arrangement of tables, designed a space divider, drew a reflected ceiling plan and designed certain decorative elements. In 1981, Petitioner designed a wall graphic for Wolverine Tractor Company. Sometime in 1980 or 1981, Petitioner did a feasibility study for a Middle Eastern restaurant and grocery store in Kalamazoo, Michigan. This project involved the redesign of the floor plan to accommodate the restaurant and store. Sometime in 1981-1982, Petitioner prepared plans for a basement T.V. room for Mr. Paccari in Michigan. In doing so, she prepared drawings and a color board with samples of carpet, formica and wallpaper. Petitioner worked on a kitchen project in Grand Rapids, Michigan. In that project, Petitioner drew plans for installing new cabinets, painting, wallpaper and designed some decorative rails. Petitioner's exhibit concerning this project did not include a date but it was probably performed in 1983. Petitioner's work in 1986 included graphics for a driveway design in Miami. In 1987, Petitioner drew a space plan for Layton Financial Enterprises.
Recommendation Based on the foregoing, it is RECOMMENDED: That the Department of Professional Regulation, Board of Architecture and Interior Design, enter a final order approving Petitioner's application as it meets the criteria set forth in subparagraph (1)(b)1. of the licensure without examination section. DONE and ENTERED this 12 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 12th day of June, 1991. APPENDIX TO RECOMMENDED ORDER CASE NO. 91-0906 RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE PETITIONER: Paragraphs 1, 5, 6, 7, 9, 10, and 11 are accepted. Paragraphs 3, 4 and 12 are rejected as recitation of testimony, comment, argument or irrelevant. The first sentence of paragraph 2 is accepted. The balance is rejected as recitation of testimony. The first three sentences of paragraph 8 are accepted. The balance is rejected as comment, argument or irrelevant. RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE DEPARTMENT: Paragraphs 1 through 11 are accepted. The second sentence of paragraph 12 is rejected as irrelevant; otherwise the paragraph is accepted. The following paragraphs are rejected as argumentative, contrary to the weight of the evidence, a conclusion of law, or irrelevant: 14, 15, 16, 17, 18, 20, 21, 23, 24, 25, 26 and 27. Paragraphs 13, 19 and 22 are accepted. COPIES FURNISHED: M. Sharma Bryant McAlwee 417 Entrance Way Melbourne, Florida 32940-1853 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
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 On December 8, 1989, Petitioner's application for registration in Florida as an interior designer under the exemption provisions of the licensure law was received by the Board. The application was reviewed and found to be incomplete because the required documentation of 6 years experience was not included. Petitioner was so notified on January 5, 1990, and her application was held in abeyance until the requested documentation was received. On July 2, 1990, a second notice was sent to Petitioner. This notice explained that the client verification forms sent with her application did not span a 6-year period and they did not provide sufficient detail of design experience. Petitioner was asked to submit 3 more forms that span at least a six year period. Client verifications prior to 1984 and after 1987 were needed by a July 31, 1990 deadline. By October 16, 1990, two additional client verification forms were received. One form was for a project in 1983 and the other was for a project in 1989. The application submitted by Petitioner through October 31, 1991, did not contain sufficient material to demonstrate that she has six years of interior design practice as required by Section 21 of Chapter 88-383, Laws of Florida. Specifically, more detailed work experience was needed with supporting plans to show full scale design occurred. The evidence submitted by Petitioner in her application to the Board reflects work more in the nature of "interior decorating services" as defined by Section 481.229(6), Florida Statutes, as opposed to "interior design" as defined by Section 481.203(8), Florida Statutes.
Recommendation Based on the foregoing, it is RECOMMENDED that Respondent enter a Final Order dismissing Petitioner's challenge to the determination that she is not qualified for licensure as an interior designer without examination. DONE and ENTERED this 4th day of December, 1991, in Tallahassee, Leon County, Florida. VERONICA E. DONNELLY 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 4th day of December, 1991. Copies furnished: TAMMY GREENE 105 W GENESEE TAMPA FL 33603 JOHN J RIMES III ESQ ASST ATTORNEY GENERAL DEPT OF LEGAL AFFAIRS THE CAPITOL TALLAHASSEE FL 32399 1050 ANGEL GONZALEZ - EXECUTIVE DIRECTOR FL BOARD OF ARCHITECTURE AND INTERIOR DESIGN 1940 N MONROE ST TALLAHASSEE FL 32399 JACK MCRAY ESQ - GENERAL COUNSEL DEPT OF PROFESSIONAL REGULATION 1940 N MONROE ST TALLAHASSEE FL 32399 0792
