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
Findings Of Fact The Petitioner, Russell G. Brabec, filed an application for licensure as an interior designer on December 14, 1989, together with the applicable fees, with the Board on December 14, 1989. Within 30 days, the Board advised the Petitioner that it had not received the client forms and reference forms required to assess his application. After being placed upon notice that his application was incomplete, Mr. Brabec continued to have contact with the Board and its staff. Client forms and additional references continued to be filed on his behalf until March 1991. These materials are outlined in detail in the preliminary statement above, and incorporated by reference at this point in the Findings of Fact and amplified below. The record shows a continuing effort on the part of the Petitioner to perfect his application, and the Petitioner did not abandon his application. The Board received a client form from Ben H. Engbrecht indicating the Petitioner had consulted on the renovation of several areas of an educational building, developing a master plan for the entire building. The Petitioner was able to direct the completion of phases 1 and 2 of the renovation. Although the form does not indicate the institution at which the work was performed, the Petitioner's testimony clarified that Mr. Engbrecht's references were to Sioux Falls Teacher College where the Petitioner had been a member of the faculty. The information provided by Engbrecht establishes that the Petitioner consulted on design work between February of 1984 and July of 1985. The Board received a client form completed by Kate Christopulos on March 26, 1990, which indicated that the Petitioner had done three projects for the client. In 1983, the Petitioner was in charge of design and renovation of a restaurant and coordinated all contractors in interior design for the client who stated that the did a "great job." In 1985, the Petitioner assisted in the design of another restaurant. The client stated that he was easy to work with and "came up with great ideas." In 1986, the Petitioner designed the interior of the client's home. At the hearing, the Petitioner had photographs of the restaurants he had planned for the Christopulos' upon which he pointed out the walls, the ceilings and the serving fixtures which he had designed. The Petitioner's testimony is consistent with, and substantiated by, a letter dated June 27, 1990, from Kate Christopulos which is contained in the Board's file. Said letter reflects that the Petitioner's firm, Brabec Interiors, was first retained by the client in 1983 to complete their new home and their first restaurant, Chris' Grill. The Petitioner not only designed the interior, including the carpets, tables, chairs and draperies, but selected the tableware. The letter continues to point out that in 1986, the Petitioner designed the Time Out Restaurant, integrating a athletic theme which the client described as "looking great and being timeless." Kate Christopulos closes her letter by pointing out that the Petitioner had done six other projects for her, and that if the Board desires more detail, they can call her. The Board received an employment verification form completed by Valerie J. Putnam on January 19, 1990. The form indicates the Petitioner was employed as an interior decorator from 1975 until 1982. The Petitioner testified regarding work done for the Putnams, and clarified that they were clients as opposed to his having been employed within a business operated by the Putnams. The Putnams' response, albeit on the wrong form, substantiated that the Petitioner was holding himself out as an interior decorator between 1975 and 1982. Ms. Putnam indicated in her answers to the form's detail questions that the Petitioner had substantial experience in programming (consultation and analysis), design concept analysis, and specifying furnishings and materials, and adequate experience in preparing drawings, drafting, consulting with other contractors, and project management. Notwithstanding Putnam's terming the Petitioner an "interior decorator," the work she described is consistent with the activities of an interior designer. The Board received a client form from Dr. Jaako J. Hintikka on November 5, 1990. The form and its attachments indicate that between June and August of 1988, the Petitioner planned and supervised the complete redecoration of a 4500 square foot home on Tipperary Drive in Tallahassee, Florida. This project involved the creation of two libraries, extensive new flooring, extensive wallpapering and painting, the placement of furniture and the acquisition of new furnishing, and placement of works of art, et cetera. The Petitioner, referring to photographs of this project, pointed out details of the design work he performed to include lighting design and planning an environment with constant humidity. The form also addresses the period January to May 1990 when the Petitioner designed and supervised the interior construction and decoration of a new residence which the client had built for him by Gritsmill Construction Company in Marlborough, Massachusetts. Hintikka states that this project literally involved all aspects of the interior of the house from finalization of the floor plans through placement of works of art. The Board's file contains a xerox copy of pictures of the exterior of a home and interior of one room, together with notes by the Petitioner to the client discussing a range of issues from dehumidifiers to dutch tiles and the fireplace. It closes with an indication that the Petitioner had been in contact with a landscape designer, and was in the process of developing a long-range landscape plan for the new house. See transcript, pages 95 and 100, where the Petitioner details the work which he did for Dr. Hintikka on the two houses in which he designed the interiors. The Board received an employment verification form on July 31, 1990, from Collier Interiors in Tallahassee, Florida. This form indicated that Collier had employed the Petitioner from November of 1987 until July 30, 1990. The Board appeared to be satisfied with the nature of his practice while with Collier as no questions were raised concerning this period of time. The Board's file contains two submissions from Rayburn Blair, Pastor of the Temple Baptist Church in Tallahassee, Florida. Pastor Blair wrote the Board a letter dated January 3, 1990, in which he states that he has been acquainted with the Petitioner as a full-time practicing interior designer since 1989. Blair states that he met regularly with Brabec who was the church's chief consultant on matters of design and decoration at the church, at North Florida Christian School, and at W65BG Television Station. On March 25, 1991, Pastor Blair submitted the client form which stated that the Petitioner provided Temple Baptist Church with consultations and studies leading to drawings for the new platform. In the Petitioner's testimony he identified on a picture, which was introduced, the stage, wall units, lights, podium, microphones in the podium, and wiring for the podium lights and microphone which Petitioner designed, together with the stairs servicing the balcony. The Petitioner also completed plans for the baptistry and stair wells. The Petitioner's testimony is consistent with Pastor Blair's letter. In addition to his testimony about the clients above who responded to the Board, the Petitioner also produced photographs at the hearing of additional work in had done during the period 1980 through 1985. This included work for Bob Larson for whom the Petitioner developed an overall design and laid out of a restaurant, and supervised the installation of the electrical lights and plumbing, to include steam tables. Petitioner's work included graphics, design of menus, interior wall covers, et cetera. Petitioner also designed a second set of restaurants called "Rembrandt's" for the same client. See Transcript, pages 82 and 91. The Petitioner stated that he spent a year in graduate school at Florida State during which time he did a number of projects for churches, offices and homes in the area. Thereafter, he was employed as a designer with Collier Interiors. See Transcript, Page 91. In summary, the Putnam response covers the period between 1975 and 1982. The Christopulos letter and form cover the period 1983 through 1986. The Engbrecht form covers the period February 1984 through July 1985. The Collier form covers the period 1987 through December of 1989. The Blair letter and form covers the period from 1989 until 1991. The Hintikka form and letter covers the period June to August 1988 and January to May 1990. During the period from 1982 until present, the Petitioner has held himself out regularly as an interior designer based upon the responses received by the Board and Petitioner's testimony about the work done for the clients. His testimony is substantiated by the responses received by the Board, and is uncontroverted. Not a scintilla of evidence was introduced by the Board that the Petitioner did not perform the work about which he testified. On January 30, 1991, the Board sent the Petitioner a letter which the Petitioner received. This letter stated that the Petitioner's application was denied because the application did not show sufficient evidence that the Petitioner met the requirements of "Florida Statutes 481, Part I and Chapter Law 89-19, Section 21." The letter continues, A review of your application by the Interior Design Committee shows that you did not sufficiently document six years of Interior Design experience. In order to receive reconsideration you must submit three additional detailed client reference forms that span six years of experience. These letters must contain both the time and time frame and a detailed description of services provided. You must prove that you meet the definition of interior designer for a full six year period. The Committee has also requested that you send in samples of your interior design plans and drawings. On August 21, 1991, the Board sent the Petitioner a letter which the Petitioner received indicating that the Board deemed the Petitioner's application abandoned and advising the Petitioner of his right to a hearing on the denial of his application. The information provided by the responding clients and the Petitioner reveal that the Petitioner has been asked by several clients to perform additional projects for them. Clients for whom he did commercial work, engaged him to do work in their homes, and vise versa. One of his clients has transported the Petitioner from Tallahassee to Massachusetts in order that the Petitioner could continue to supervise completion of the interior of the client's home. These facts speak positively to the quality of the Petitioner's work. The record above shows that Mr. Brabec did not abandon his application, but sought to have clients provide the Board with the information sought until such time as this appeared to be a futile effort. Sufficient information had been provided to the Board by January 30, 1991 for it to make a determination of whether the Petitioner has the requisite experience. The information provided, as summarized above, reflects that the Petitioner has engaged in consulting, performing studies, drawing plans and providing specifications for space utilization of restaurants, churches, offices and homes in Florida, South Dakota and Massachusetts since 1982.
Recommendation Based upon the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the Board of Architecture and Interior Design license the Petitioner. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 10th day of April 1992. COPIES FURNISHED: Mr. Russell G. Brabec, pro se 2079 Cynthia Drive Tallahassee, Florida 32303 Arthur R. Wiedinger, Esquire Assistant Attorney General The Capitol, Suite 1603 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 10th day of April 1992. Tallahassee, Florida 32399-1050 Angel Gonzalez, Executive Director Board of Architecture & Interior Design Department of Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792
Findings Of Fact On December 27, 1989, Petitioner applied for registration as an interior designer under the exemption provisions of the licensure law. Upon review, the application was deemed incomplete because references were missing and documentation of 6 years experience in the field was not included. Petitioner was notified of these deficiencies on January 25, 1990. Her application was placed in abeyance until the necessary documents were received by the Board Although Petitioner did submit some additional information, a second notice regarding an incomplete application was sent to her on June 12, 1990. This notice explained additional design detail was required for the 1985 client K. Gillman. More client verification forms were needed because the forms sent did not span the 6 year period. Employment verification forms from Joanne James Interiors and Burdines were still missing. Petitioner was asked to submit this additional information to the Board by a July 31, 1990 deadline. By September 10, 1990, the employment verification form from Joanne James Interiors was still missing. In addition, the employment verification form from Alan Greene, Inc., Interior Space Design, stated her job title was Interior Designer/Bookkeeper/Secretary. Based upon these notations, the Interior Design Committee responsible for application reviews felt that this job was not full-scale, full-time interior design. Further, the committee was not pleased with the level of interior design work submitted with the application. As a result, the pending application was denied on September 19, 1990. The denial letter advised Petitioner she could seek reconsideration by making such a request in writing. By doing do, she would be able to submit supplemental information for review along with her current application. Petitioner took advantage of the opportunity to seek reconsideration. She wrote the Board a letter explaining the work she did in Alan Greene's firm. In spite of this additional submission, the committee remained unconvinced that Petitioner did design work while in Alan Greene's firm or that she had any design experience in the early years of her career. Additional information from someone other than Petitioner was requested to show full-scale design work occurred between September 1982 and November 1983. Prior to the written issuance of the Board's denial of the Petitioner's application as an incomplete file, Petitioner was verbally notified of the decision. In response, she requested a formal hearing before the Board formally issued its letter stating the application was considered to be abandoned by the Board on July 23, 1991. During hearing, the parties jointly submitted a letter from Darcy White, a client who corroborated Petitioner's testimony that she did full-scale design work on Sun Bay Realty in Tampa, Florida, while working for Alan Greene's firm. Petitioner's testimony and the corroborative information were given greater weight by the Hearing Officer than Alan Greene's Employment Verification Form which minimized Petitioner's design responsibilities. A client reference form for the time period between November 1982 to February 1983 which described Petitioner's direct involvement in lighting and space planning on a project was given greater weight than the written job description from Bass & Bass where Petitioner interned during college. The Employment Verification Form represented Petitioner was never given such opportunities. Petitioner's testimony corroborated the client reference document and reasonably explained that the firm member who completed the verification form did not supervise her work with clients during this part-time job. At hearing, Petitioner presented a letter from Joanne James Interiors, where she worked from March 1987 through June 1988. Although the letter verified employment, it did not reveal whether Petitioner's work was 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. The letter, which is dated May 24, 1988, appears to reflect on skills of an interior decorator. Examples of design work completed during this period of employment or client reference forms would resolve the ambiguity. Petitioner's work at Below Decks, Inc. may have been in the nature of "interior design" in that the ceiling and lighting of the main salon within the Murphy yacht was designed by Petitioner, according to her testimony. Contrary to the opinion of the expert witness presented by the Department at hearing, a marine architect is employed to certify the hull of a boat. It is not his or her responsibility to deal with lighting and ceiling design below deck beyond a determination as to how such redesign would affect the vessel's seaworthiness. Client verification or employer verification of the interior design decisions made by Petitioner on the Murphy yacht could resolve the pending controversy regarding whether work at Below Decks, Inc. between August 1984 and July 1985 involved interior design as opposed to interior decorating services.
Recommendation Based upon 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 13th day of January, 1992, in Tallahassee, Leon County, Florida. COPIES FURNISHED: LISA FORD IRION 2346 LAKESHORE DR CLEARWATER FL 34619 JOHN J RIMES III ESQ ASSISTANT ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS THE CAPITOL TALLAHASSEE FL 32399 1050 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 13th day of January, 1992. ANGEL GONZALEZ/EXECUTIVE DIRECTOR BOARD OF ARCHITECTURE & INTERIOR DESIGN NORTHWOOD CENTRE, SUITE 60 1940 N MONROE ST TALLAHASSEE FL 32399 JACK MCRAY ESQ/GENERAL COUNSEL DEPT OF PROFESSIONAL REGULATION 1940 N MONROE ST TALLAHASSEE FL 32399 0792
Findings Of Fact Based upon the record evidence, the following Findings of Fact are made: 3/ By application dated September 19, 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 25, 1991. The Board, by letter dated July 25, 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 do not have 6 years of experience and you do not meet the definition of Interior Design. The Committee felt that it was impossible for you to have 6 years of full-time, full-scale Interior design experience since you were in school full time in 1983 and 1984. They also felt that being a librarian in a design firm, a show room manager, and assistant designer would not qualify as full-scale interior design. Prior to January 1, 1990, Petitioner used, and was identified by, the title "interior designer." Prior to January 1, 1990, Petitioner was employed by: Carriage House Interiors, d/b/a Eclectic International (Eclectic) for 13 months; Curzon Designs (Curzon) for five months; J.J. Chalk (Chalk) for 25 months; and Stevenson Design and Builders (Stevenson) for 5 months. These were all full- time positions which regularly involved the rendering of interior design services, including consulting with clients concerning the utilization of interior spaces and preparing for them blueprints and drawings containing Petitioner's recommendations regarding how these spaces should be utilized. For 14 months during 1984 and 1985, Petitioner was employed on a full- time basis by Petit Contract Interiors, Inc. (Petit), a design firm which also manufactured and sold furniture. During a typical workday, she performed the duties of an assistant designer, showroom manager and librarian. Approximately 60-70 percent of her workday generally was spent as an assistant designer, during which time she did interior design work similar in nature to the work she did at Eclectic, Curzon, Chalk and Stevenson. As a showroom manager and librarian, she also rendered interior design services on a regular basis. When she was acting in her capacity as the showroom manager, Petitioner met with walk-in clients and discussed their needs. Following such consultations and based upon the information provided by the clients, she prepared drawings depicting her plans as to how the clients could best utilize the interior spaces under discussion. She then assisted the clients in making their purchases. Petit had one of the largest design libraries in the southeastern United States. It was stocked with source materials utilized by the interior design community. As the librarian, Petitioner was responsible for organizing the library and updating its materials, tasks that she often had to perform during her overtime hours. In addition, Petitioner assisted those interior designers who used the library. The assistance that she provided at times involved consulting with clients and preparing drawings. It was essential for Petitioner to have a working knowledge of interior design to fulfill her librarian duties. Petitioner attended the Florida Art Institute (Institute) from March, 1982, until June, 1984, when she graduated with an Associate Arts degree in interior design. During her first two or three semesters at the Institute, she had classes from 1:00 p.m. to 5:00 p.m., Monday through Friday. Thereafter, her classes were scheduled only in the morning, from 8:00 a.m. to 12:00 noon each weekday. While a student at the Institute, she was "head manager" of three student interior design projects. 4/ Petitioner was employed at least a portion of the time that she was enrolled as a student at the Institute. During this period of time, she worked for Roy F. Sklarin Interiors (Sklarin), Mark B. Meyer and Associates (Meyer), and the Good Wood Frame Shop (Good Wood). Petitioner worked for Sklarin for six months rendering interior design services under the supervision and direction of Mr. Sklarin. She held a part- time position. Typically, she had a 20 to 25 hour work week. Petitioner's employment with Meyer lasted 11 months. Her position was a full-time one. Meyer has a large showroom in which it displays carpeting, fabric, wall covering and furniture. Petitioner was the manager of the showroom. It was her responsibility to maintain the showroom and make sure all items were in their proper place. As the showroom manager, Petitioner consulted with interior designers and their clients and assisted them in selecting merchandise. This involved reviewing specifications, floor plans and other drawings. Petitioner was employed for 12 months at Good Wood. 5/ She served as a designer, appraiser and artistic consultant. Her duties included the appraisal of art work for clients. In addition, she consulted with clients and gave them advice regarding the display and placement of their art work. This involved the drawing of elevations and floor plans. Prior to attending the Institute, Petitioner worked at Pierre Deux, the Norton Art Gallery (Norton) and the James Hunt Barker Art Gallery (Barker). Pierre Deux is a boutique that sells specialized fabrics and antiques. Petitioner worked there on a full-time basis for 16 months as designer/sales person. In discharging her duties, she regularly met with clients and ascertained their needs. If they wanted window treatments, table skirts, bedspreads or other soft furnishings, Petitioner went to their homes to take the appropriate measurements and, based upon these measurements, prepared specifications and the design to be used in making these items. While employed at Norton and Barker, Petitioner assisted the curator in deciding where exhibits should be located. 6/
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED 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 in Tallahassee, Leon County, Florida, this 27th day of September, 1991. STUART M. LERNER 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 September, 1991.
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 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.
Findings Of Fact Petitioner filed an application for licensure as an interior designer and paid the appropriate fee. Petitioner's application was reviewed and on November 18, 1991, the Board sent Petitioner a letter denying licensure on grounds that Petitioner did not have a degree that is accredited by the Foundation of Interior Design Educational Research (F.I.D.E.R.). Furthermore, the Board found Petitioner seven months short of the experience required for licensure. The Board notified Petitioner he could submit additional information to determine the equivalency of his educational curriculum to a F.I.D.E.R. accredited degree. On May 22, 1992, Petitioner submitted a letter to the Board stating that he had now completed his experience requirement and requesting another review of his educational courses. At hearing, Respondent stipulated to Petitioner's four years of interior design experience to qualify for licensure. The Petitioner studied interior design at the Art Institute of Pittsburgh, where he completed a two-year program in 1980. During the course of his studies at the Art Institute of Pittsburgh, the Petitioner completed the equivalent of 1.5 semester hours of study in the field of "business practice". During the course of his studies at the Art Institute of Pittsburgh, the Petitioner did not take any courses in the fields of "diverse post-secondary level liberal arts, sciences, and humanities." The Petitioner has not completed any post-secondary level courses in "business practice" or in "liberal arts, sciences, and humanities" since receiving his degree in 1980. Since that time the Petitioner has taken two courses in sculpting clay and two courses in sculpting stone. All four of these courses involved hands-on work in the studio learning and practicing practical skills. There is insufficient evidence in the record to determine whether these four courses were the equivalent of college level courses and, if so, how many semester hours they might be equivalent to. Since receiving his degree in 1980, the Petitioner has, on at least two occasions, tutored other students in areas related to interior design. There is insufficient evidence in the record to determine whether these tutoring activities were the equivalent of college level courses and, if so, how many semester hours they might be equivalent to.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Architecture and Interior Design enter a Final Order denying Petitioner licensure as an interior designer. DONE AND ENTERED this 26th day of February, 1993, in Tallahassee, Leon County, Florida. MICHAEL M. PARRISH 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 26th day of February, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 92-5931 The following are my specific rulings on all proposed findings of fact submitted by all parties. Proposed findings submitted by Petitioner: (None) Proposed findings submitted by Respondent: Paragraphs 1, 2, and 3: Accepted. Paragraph 4: Accepted in substance. Paragraphs 5 and 6: Rejected as constituting conclusions of law, rather than proposed findings of fact. Paragraph 7: Accepted in substance. COPIES FURNISHED: Mr. Brian K. Carter 421 51st Street West Palm Beach, Florida 33407 Arthur R. Wiedinger, Jr., Esquire Department of Legal Affairs The Capitol, Suite 1603 Tallahassee, Florida 32399-1050 Angel Gonzalez, Executive Director Board of Architecture and 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 to be resolved in this proceeding concerns whether the Petitioner, Colleen Ann Kelly, is qualified for licensure without examination as an interior designer based upon her cumulative experience. If she possesses the required number of months experience in work which meets the definition of interior design, she will be able to be licensed as an interior designer without having to sit for the relevant examination.
Findings Of Fact The Petitioner submitted her application for licensure as an interior designer on November 8, 1989. The Petitioner predicates her experience in interior design, to the extent of at least 72 months, based upon her experience in that field in both Texas and Florida, working for various interior design and decorating firms. The Petitioner specifically applied for licensure in interior design under the provisions of Section 21, Chapter 89-19, Laws of Florida. (Prehearing Stipulation). The Respondent is an agency of the State of Florida charged, as pertinent hereto, with regulating, implementing and enforcing the licensure standards and practice standards for interior designers in accordance with the pertinent provisions of Chapter 481, Florida Statutes, and related statutes. The Petitioner has met all conditions precedent to obtaining licensure as an interior designer pursuant to the provisions of Section 21 of Chapter 89-19, Laws of Florida, except that the Respondent agency considers that the Petitioner has only 59 months of experience as an interior designer, rather than the required 72 months necessary for licensure without sitting for the examination, which is the category Petitioner maintains she occupies. The Petitioner was denied licensure as an interior designer by letter from the Respondent agency dated January 30, 1991. The sole basis for denial was that her previous employment experience at Westgate Fabrics was not accepted as interior-designer experience. The Petitioner graduated in May of 1981 from Stephen F. Austin University in Nacagdoches, Texas. She received a Bachelor of Science degree with a major in interior design and a minor in art. She has been a member of the American Society of Interior Designers since 1977. During her work experience, the Petitioner was identified with the title "interior designer" for at least six (6) years prior to January 1, 1990 and has had six (6) years of interior design experience prior to that date. From November of 1981 to August of 1982, the Petitioner was employed full-time at the Sanger Harris Company in Arlington, Texas, a period of nine (9) months. During her employment with Sanger Harris, she did "space planning" and planned furniture arrangements. She designed draperies, valances and window treatments, as well. She performed fabrication and design of fabrics, as well as the fabrication and design of accessories, lighting, wall coverings and carpeting. The Petitioner was the person responsible for insuring that the fabrics on furniture would be appropriate as an end-use fabric. Additionally, the Petitioner did sketches for interior design "layouts". The Petitioner's employment with Sanger Harris was proven to qualify as interior design experience for purposes of the "grandfather" provisions of the above-referenced statutes. The Petitioner was employed full-time by Westgate Fabrics from August of 1982 to June of 1983, a period of 11 months. During that employment, the Petitioner dealt with the fabric problems of the company. She took orders for fabrics and checked on back orders. The Petitioner was, again, employed full-time at Westgate Fabrics from December of 1983 to August of 1985, a period of 20 months. During this period of employment with Westgate, she held a different position from the one previously held during her employment with Westgate from August of 1982 to June of 1983. From December of 1983 to August of 1985, the Petitioner gave "consultations to customers". She assisted customers in finding the appropriate material needed for draperies, window coverings, or for specific fabrics. The Petitioner assisted customers with color schemes and textures for their rooms. The Petitioner "did sketches" for window treatments and also "did studies with the clients to make sure that we met the needs they had". She did custom designs and designed custom upholsteries and did "sketches as far as the style of window treatment that [the client] wanted to have". During her employment with Westgate from December of 1983 to August of 1985, the Petitioner performed one particular job involving a restaurant chain which illustrates interior design duties. The restaurant chain needed a fabric for indoor seating, outdoor seating, and for wall covering. The Petitioner gave consultation to the client regarding the fabric design and the color. The Petitioner prepared the specifications to prepare the fabric to suit the client's needs regarding resistance to mildew and suitability for commercial use. The Petitioner also provided specifications with regard to wall coverings which had the flammability code necessary for a commercial building and provided the proper installation procedures for the wall coverings. For this project, the Petitioner prepared sketches for planning the design of the fabric. In addition, the Petitioner gave consultation regarding the goods that were to be used in the project to make sure that the end use of the materials was appropriate (for instance, weather resistance and mildew resistance). Another project performed by the Petitioner during that employment period with Westgate involved assisting a homeowner with a window problem. The Petitioner consulted with that client as to the proper fabrics to solve the client's problem involving excess cold air entering through the window and involving direct sunlight during the day. The Petitioner prepared sketches on the design of the window treatment and depicting what the window treatment would look like after installation. John Stenger is the Vice President of Westgate Fabrics and was one of the Petitioner's supervisors during that second employment with that company. According to Mr. Stenger's Affidavit, in evidence, from December of 1983 to August of 1985, the Petitioner provided consultations and specifications to customers of Westgate Fabrics in connection with draperies, floor coverings, wall coverings, space utilization, furnishings and the fabrication of nonstructural elements within and surrounding interior spaces of buildings. Another one of the Petitioner's supervisors at Westgate, Midge Staller, supports those conclusions. This testimony, by Affidavit, stipulated into evidence, is consistent with the Petitioner's testimony as to her work experience during this period of time and is accepted. The Petitioner's employment with Westgate from December of 1983 to August of 1985 qualifies as interior design experience for purposes of the "grandfather" provisions of the interior design laws of the State of Florida. From August of 1985 to February of 1986, the Petitioner was employed full-time at Diane Flack Interiors in San Antonio, Texas, a period of six (6) months. During her employment with that firm, the Petitioner "did consultations regarding fabrics, regarding window treatment, regarding wallpaper". The Petitioner "did carpeting" and "did sketches for window treatments". The Petitioner "made sure the specifications on the fabrics were appropriate for the end use". The employment period with Diane Flack Interiors was from August of 1985 to February of 1986, and it was shown to qualify as interior design experience for purposes of the above- statutory authority. From February 1986 to August of 1986, the Petitioner was employed full-time at Inside Story in San Antonio, Texas, a period of six (6) months. During that employment, the Petitioner "did space planning.. .did, selecting fabrics, wall coverings, wallpaper". She "worked with window treatments and had them fabricated". The Petitioner "did sketches of the window treatments to make sure that they were what the client needed". The Petitioner "handled installation, all purchasing". The Petitioner, during this employment period, also assisted customers regarding reflected ceiling plans. She provided specifications as to floor coverings, as well. The Petitioner's employment with Inside Story qualifies as interior design experience for purposes of the above-mentioned grandfather provisions. From October of 1986 to the present, the Petitioner has been employed full-time at Oldfield Interiors in Tallahassee, Florida. She has worked a total of 38 months at Oldfield Interiors prior to January 1, 1990, as an interior designer. During her employment at Oldfield Interiors, the Petitioner has done consultations, sketches, floor plans, and space planning. The Petitioner worked with the customer "from their floor plan to the finished product, furnishing as far as furniture, wallpaper, carpet, tile, lighting, lighting plans, reflective ceiling plans, window treatment, sketches". The Petitioner's employment with Oldfield Interiors from October of 1986 to January 1, 1990 qualifies as interior design experience for purposes of the above-mentioned grandfather provisions of the Florida interior design laws. The Petitioner's activities at each of the interior design employments mentioned above were not identical to one another and did vary somewhat. During her employment with Sanger Harris, Westgate Fabrics, Diane Flack Interiors, Inside Story and Oldfield Interiors, the Petitioner's employers considered her work to be interior design work. Jill Dzurik Smith is licensed as an interior designer in the State of Florida and qualified to testify as an expert in interior design. Ms. Smith was present at the hearing during all of the testimony, including the testimony of the Petitioner. Ms. Smith's expert opinion is that the Petitioner's work experience at Westgate Fabrics, from December of 1983 to August of 1985, qualifies as interior design experience. The basis for Ms. Smith's opinion is that the Petitioner gave consultations, performed studies, and prepared sketches. "Basically from everything she said, she carried out almost all of the duties that are listed in the statutes. Well, she did carry out all the duties that were listed." That opinion is accepted as fact. The term "interior design" covers a broad range of activities. Every interior designer does not perform identically the same activities as every other interior designer. Some interior designers specialize in one particular area. Some interior designers do nothing but space planning. Some do nothing but arrive at specifications, while others do nothing but lighting and lighting plans. Some interior designers only design and produce furniture. Just because an interior designer specializes in any one field does not mean that person is not actually performing interior design work and services. An interior designer performs the duties of arriving at specifications, doing consultations, the fabrication of nonstructural elements, sketches, drawings, and space planning. Nonstructural elements are the finishing processes, including window treatments, non-load bearing walls, floor coverings, draperies, furniture, and lighting. The selection of furniture itself is part of interior designing. An interior decorator can perform some interior design duties, and there is some overlap between interior decorating and interior designing. Interior decorators mostly handle the selection of fabrics, wallpaper, and floor covering and do not prepare drawings or perform space planning nor do they plan and design lighting. Jobs that interior designers perform that interior decorators do not perform involve use of floor plans, drawings, reflective ceiling plans, and space planning. In Ms. Smith's expert opinion, the Petitioner's experience at Westgate Fabrics from December of 1983 to August of 1985 was interior design work because the Petitioner performed the following duties: consultations, sketches, drawings and specifications. The term "specification" covers the actual items being used and all of the information about that particular item. Specification includes how an item is to be installed, the manner in which it should be installed, the materials which should be used in installation, and the preparation required beforehand. While the Petitioner's previous work experiences are not identical and do vary somewhat, her employment with Westgate Fabrics from December of 1983 to August of 1985 is similar in nature to her work experience at Sanger Harris, Diane Flack Interiors, Inside Story, and Oldfield Interiors. At each of these employments, the Petitioner performed interior designer services with variations in the types of services provided.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the competent evidence of record, and the pleadings and arguments of the parties, it is therefore, RECOMMENDED that a Final Order be entered by the Respondent agency finding the Petitioner to be entitled to licensure as an interior designer pursuant to the provisions of Section 21 of Chapter 89-19, Laws of Florida, without the Petitioner being required to take the written examination and that the Petitioner be licensed as an interior designer. DONE AND ENTERED this 3rd day of February, 1992, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF 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 4th day of February, 1992. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 91-2708 Petitioner's Proposed Findings of Fact 1-37. Accepted. Respondent's Proposed Findings of Fact 1-6. Accepted. 7-9. Rejected as subordinate to the Hearing Officer's findings of fact on this subject matter. 10-11. Accepted. Rejected as subordinate to the Hearing Officer's findings of fact on this subject matter. Accepted. Accepted, but it does not necessarily include all of her duties. 15-16. Accepted. COPIES FURNISHED: Angel Gonzalez, Executive Director Board of Architecture & Interior Design Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, FL 32399-0792 Jack McRay, Esq. General Counsel Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, FL 32399-0792 William M. Furlow, Esq. KATZ, KUTTER, ET AL. First Florida Bank Building Suite 400 215 South Monroe Street Tallahassee, FL 32301 Arthur R. Wiedinger, Jr., Esq. Department of Legal Affairs The Capitol, Suite 1603 Tallahassee, FL 32399-1050
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
