Florida/Georgia Personal Injury & Workers Compensation

...§§ 481.209 and 481.207. Florida’s statute on its face requires only interior designers, a subset of architects, but not interior decorators, to obtain a state license before practicing in a commercial setting. See Fla. Stat. §§ 481.223(1)(b) and 481.203(8), (15)....

...A separate Florida statute defines “interior design” as “designs, consultations, studies, drawings, specifications, and administration of design construction contracts relating to nonstructural interior elements of a building or structure.” Fla. Stat. § 481.203(8)....

...selection or assistance in selection of surface materials, window treatments, wallcoverings, paint, floor coverings, surface-mounted lighting, surface-mounted fixtures, and loose furnishings not subject to regulation under applicable building codes.” Fla. Stat. § 481.203(15). 2 A “nonstructural element” is “an element which does not require structural bracing and which is something other than a load-bearing wall, load-bearing column, or other load-bearing element of a building or structure which is essential to the structural integrity of the building.” Fla. Stat. § 481.203(10). 3  Practicing interior design in commercial settings in Florida without a license constitutes a misdemeanor, punishable by up to one year in jail....

...rship, and all personnel of the [entity] who act in its behalf in [Florida] as interior designers, are registered.” Fla. Stat. § 481.219(7)(b). A “registered” interior designer is one who “is licensed” under Florida law. See Fla. Stat. § 481.203(9). Appellants, Eva Locke, Patricia Anne Levenson, and Barbara Vanderkolk Gardner, currently practice interior design in residential settings in Florida and wish to expand their practice to commercial settings....

...all personnel of [the entity] who act in its behalf in [Florida] as interior designers are registered” under the Florida licensing regime. Fla. Stat. § 481.219(7)(b). “Registered” interior designers are those who are licensed. See Fla. Stat. § 481.203(9). 16  The factors we apply to determine whether a neutrally-worded state statute has a discriminatory impact on out-of-state residents lead us to conclude that the license requirement,...

...Washington State Apple Advertising Commission, 432 U.S. 333, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1977). Appellee points out that the project falls within the language of the CCNA because the project requires the use of architectural services as defined by Section 481.203(6), Florida Statutes....

...(1977)], contemplates the "rendering or offering to render services in connection with the design and [with the] construction [in the State of Florida] of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures..." [§ 481.203(6) Fla....

...(1977), was repealed and replaced effective July 1, 1979, by a successor statute, Chapter 481, Part I ("Architecture"), §§ 481.201-481.233 Fla. Stat. (1979), which, while retaining many of the basic provisions, adds new sections including, inter alia, § 481.201 "Purpose" and § 481.203 "Definitions." Additionally, the penalty provided for the unregistered practice of architecture under the current statute is a misdemeanor of the first degree, whereas as it was a misdemeanor of the second degree under former Chapter 467....

...Chapter 481, Florida Statutes (2005), "Architecture and Interior Design," describes the services and responsibilities of an "Architect," which specifically include services of "planning, providing preliminary study designs, drawings and specifications, job-site inspection, and administration of construction contracts." § 481.203(6), Fla....

...d of tilting up walls and holding them in place until they are permanently secure was not an architectural function or service, but was strictly an engineering duty (or a duty of the contractor). Consider the definition of "Architecture" pursuant to section 481.203(6): "Architecture" means the rendering or offering to render services in connection with the design and construction of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures....

...ority acknowledge that the record does not reflect that Mr. Chick was "primarily responsible for the project's plans and oversights." I agree with the majority that the record reflects that Mr. Chick performed some services which might be within the section 481.203(6) definition of "architecture." I also agree that the record does not support the trial court's finding that Mr....

...er his immediate supervision and direction. The majority seem to read section 481.219(1)(a) to say that where a corporation contracts to provide architectural services through licensees, every corporate employee performing services coming within the 481.203(6) definition of architecture must be licensed....

...Website of Design-Build Institute of America, http://www.dbia.org/Pages/student-academia.aspx (last visited March 20, 2014). . This reading is consistent with both section 481.223(l)(a), Florida Statutes (2010), which prohibits a person from knowingly practicing architecture unless the person is an architect, and section 481.203(6), Florida Statutes (2010), which defines architecture as "the rendering or offering to render services in connection with the design and construction of a structure ...." (Emphasis added)....

..., so is not applicable to the facts of this case, whereas section 713.03(2) applies when the lienor is an architect who has a direct contract with the property owner. We agree with appellees that section 713.03(2) should be read in pari materia with section 481.203, which refers to an architect in terms of a registered architect....

...ent part: 481.201 Purpose. — The Legislature finds that improper design and improper construction supervision by architects of buildings primarily designed for human habitation or use present a significant threat to the public. (Emphasis supplied.) 481.203 Definitions....

...§§ 481.209 and 481.207. Florida’s statute on its face requires only interior designers, a subset of architects, but not interior decorators, to obtain a state license before practicing in a commercial setting. See Fla. Stat. §§ 481.223(1)(b) and 481.203(8), (15)....

...A separate Florida statute defines “interior design” as “designs, consultations, studies, drawings, specifications, and administration of design construction contracts relating to nonstructural interior elements of a building or structure.” Fla. Stat. § 481.203(8)....

...selection or assistance in selection of surface materials, window treatments, wallcoverings, paint, floor coverings, surface-mounted lighting, surface-mounted fixtures, and loose furnishings not subject to regulation under applicable building codes.” Fla. Stat. § 481.203(15). 2 A “nonstructural element” is “an element which does not require structural bracing and which is something other than a load-bearing wall, load-bearing column, or other load-bearing element of a building or structure which is essential to the structural integrity of the building.” Fla. Stat. § 481.203(10). 3  Practicing interior design in commercial settings in Florida without a license constitutes a misdemeanor, punishable by up to one year in jail....

...rship, and all personnel of the [entity] who act in its behalf in [Florida] as interior designers, are registered.” Fla. Stat. § 481.219(7)(b). A “registered” interior designer is one who “is licensed” under Florida law. See Fla. Stat. § 481.203(9). Appellants, Eva Locke, Patricia Anne Levenson, and Barbara Vanderkolk Gardner, currently practice interior design in residential settings in Florida and wish to expand their practice to commercial settings....

...all personnel of [the entity] who act in its behalf in [Florida] as interior designers are registered” under the Florida licensing regime. Fla. Stat. § 481.219(7)(b). “Registered” interior designers are those who are licensed. See Fla. Stat. § 481.203(9). 16  The factors we apply to determine whether a neutrally-worded state statute has a discriminatory impact on out-of-state residents lead us to conclude that the license requirement,...

...des: (1) A person may not knowingly: (b) Practice interior design unless the person is a registered interior designer unless otherwise exempted herein.... § 481.223, Fla. Stat. 1 A “registered interi- or designer” is one with a Florida license. § 481.203(9)....

...hin and surrounding interior spaces of buildings. “Interior design” specifically excludes the design of or the responsibility for architectural and engineering work, except for specification of fixtures and their location within interior spaces. § 481.203(8), Fla....

...One need not go this far to recognize that to “practice” interior design means to provide services to a design client, with or without compensation. This is a substantial limitation on the statute’s scope. Second, the definition of “interior design,” as set out in § 481.203(8), is not so broad as the plaintiffs claim....

...The first sentence says what the term “means.” It means “designs, consultations, studies, drawings, specifications, and administration of design construction contracts relating to nonstructural interior elements of a building or structure.” § 481.203(8), Fla....

...“Interior design” thus encompasses only items “relating to nonstructural interior elements of a building or structure.” A fixture ordinarily is a “nonstructural interior element of a building or structure.” A table or other piece of stand-alone furniture ordinarily is not. To be sure, the second sentence of § 481.203(8) lists items that the term “interior design” “includes.” The term includes “reflected ceiling plans, space planning, furnishings, and the fabrication of nonstructural elements within and sur *1289 rounding interior spaces of buildings.” Properly understood, this is not a new or additional definition; it is simply a clarification or confirmation that the listed items are covered, so long as they come within the definition of the term as set out in the first sentence of § 481.203(8)....

...��interior design” if and only if they “relat[e] to nonstructural interior elements of a building or structure.” Suggesting where to put a stand-alone table — or any number of them-is not “interior design.” Reading the second sentence of § 481.203(8) more broadly would make no sense. Thus, for example, if the limitation to matters relating to nonstructural interi- or elements were ignored, or if a table or other stand-alone piece of furniture were deemed an “interior element,” then the second sentence of § 481.203(8) would seem to say that interior design includes any “fabrication” of a table or other standalone piece of furniture....

...selection or assistance in selection of surface materials, window treatments, wallcoverings, paint, floor coverings, surface-mounted lighting, surface-mounted fixtures, and loose furnishings not subject to regulation under applicable building codes. § 481.203(15)....

...Florida’s licensing provision is not “impermissibly vague in all of its applications.” Hoffman Estates, 455 U.S. at 499 , 102 S.Ct. 1186 . For example, the statute itself makes clear that preparing specifications of “fixtures and their location within interi- or spaces” falls under the umbrella of interior design. § 481.203(8), Fla....

...er the Florida statute, an “interior designer” is a person with a license who can lawfully provide interior design services for both residential and nonresidential applications. The statute does indeed define “interior designer” in this way. § 481.203(9), Fla....

...The statute defined “‘interior design’ as ‘designs, consultations, studies, drawings, specifications, and ad- ministration of design construction contracts relat[ed] to nonstruc- tural interior elements of a building or structure.” Id. (quoting what is now Fla. Stat. § 481.203(10))....

...The interior designer licensing scheme in Locke defined “interior design” as “designs, consulta- tions, studies, drawings, specifications, and administration of de- sign construction contracts relating to nonstructural interior ele- ments of a building or structure.” Id. at 1189 (quoting what is now Fla. Stat. § 481.203(10))....

...be argued on appeal or review must be part of that presentation if it is to be considered preserved.”). In any event, it appears the services provided by the appellee were exempt from the applicable licensing requirements when they were rendered. § 481.203(8), Fla....

property lines separating each unit" and that section 481.203(7), Florida Statutes, contains a similar definition