CopyCited 30 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 3879, 2011 WL 692238
...ations, limited liability companies, and
partnerships offering interior design services in commercial settings in Florida to
have a Florida-licensed interior designer serve as a partner or one of the principal
officers of the firm. See Fla. Stat. § 481.219. For such entities to comply with
Florida law, they must obtain a certificate of authorization from the Board. Fla.
Stat. § 481.219(3)....
...Certificate applicants must establish that “[o]ne or more of the
principal officers of the corporation or one or more partners of the partnership, and
all personnel of the [entity] who act in its behalf in [Florida] as interior designers,
are registered.” Fla. Stat. § 481.219(7)(b)....
...e of the
principal officers of the corporation or one or more partners of the partnership, and
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....
...The firm licensing
requirement further promotes safety by ensuring that a firm’s licensed interior
designers are supervised by someone who is similarly qualified and in a position
to actually exercise control over interior design work produced by the firm. See
Fla Stat. § 481.219(7)(b); § 481.219(10) (explaining that the principal officer who
qualifies the firm for its certificate of authorization “shall be responsible for
ensuring responsible supervising control of projects of the entity”).
Furthermore, while the lice...
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1991 WL 224984
...Before the claim of lien was filed, O'Kon inquired of a lawyer in Florida whether the lien could be filed. The lawyer advised that it could be filed and did file it. However, the lawyer was unaware that O'Kon was unlicensed and had not registered in Florida, contrary to section 481.219(1)(b), Florida Statutes (1987), when he gave this advice and subsequently filed the $162,000 claim of lien....
...This court rejected the lower court's reliance on Rolls v. Bliss & Nyitray , and ruled alternatively that with respect to O'Kon's claim of lien, that the mechanic's lien statute itself, section
713.03(1), (2), Florida Statutes (1987), precluded a lien where O'Kon did not pursue certification pursuant to section
481.219(1)(b)....
...se O'Kon had not complied with Chapter 481, governing the right to practice architecture in Florida. In particular, the court noted that O'Kon had never obtained a Florida certificate of authorization to perform architectural services as required by section 481.219(1)(b)....
...Regarding RSW's claims, the court found that O'Kon's claim of lien was not willfully exaggerated and that O'Kon's actions in filing the lien were not malicious and were protected by a qualified good faith privilege. O'Kon admits that it neglected to register contrary to section 481.219(1)(b), but contends that all architectural work in this case was either done by Dixon, a Florida architect, or supervised by him, and that registration was a mere ministerial and technical act....
...the entire claim without the benefit of a trial at which the facts and issues could be more thoroughly and completely developed. This having now been accomplished, and the lower court having fully considered the issue, the matter is ripe for review. Section 481.219(1) provides: 481.219 Certification of partnerships and corporations....
...Obviously, the Legislature thought it was important to provide for the regulation of both the individual and the corporate entity offering architectural services, as revealed by separate statutory criteria governing each. O'Kon I,
540 So.2d at 841. As we noted in O'Kon I, the language of section
481.219(1)(b) is straightforward and mandatory, and appellant has offered no good rationale for excising this requirement from this regulatory statute. But even aside from the requirement of corporate certification, the record demonstrates a further violation of section
481.219. Specifically, at least one unlicensed architect, Steve Chick, came to Florida and worked on the plans in O'Kon's behalf, contrary to section
481.219(1)(a), which requires that all personnel who act as architects in this state must be registered as provided by the statute....
...However, I disagree with the majority's rationale for determining that the appellees are not obligated to pay the balance of the fees claimed by the appellant. The majority suggests that the failure of a corporation or partnership to secure certification as provided in section 481.219(1)(b), Florida Statutes, absolutely bars the corporation or partnership from recovering contractual fees for architectural services....
...ontract claim required additional fact finding. It is therefore my view that O'Kon I necessarily presented this court with the following issue: Does the appellant corporation's failure to secure certification as prescribed in sections
481.213(4) and
481.219(1)(b), Florida Statutes, bar the corporation from recovering fees for architectural services? My reading of O'Kon I suggests that we answered this issue in the negative....
...nd stare decisis, I would still differ with the remedy fashioned by the majority. This brings me to the second basis for my disagreement with the majority on this point. The remedy fashioned by the majority for the appellant's failure to comply with section 481.219, Florida Statutes, is unenforceability of the appellant's contract....
...t this remedy is appropriate for some violations of professional regulation statutes, I do not agree with the majority's suggestion that it is appropriate where a corporation or partnership has simply failed to secure the certification prescribed in section 481.219(1)(b)....
...se lacking in the requisites of learning and skill precludes recovery for professional services rendered in his capacity as an architect. Rolls v. Bliss & Nyitray, Inc.,
408 So.2d at 234, quoting from 5 Am.Jur.2d Architects § 4. Paragraph (1)(a) of section
481.219, prohibiting corporations from offering architectural services to the public unless at least one principal officer and all employees *1030 acting as architects in Florida are licensed, is intended to provide protection to the public from the incompetent practice of architecture....
...Conversely, however, paragraph (1)(b) of the section, requiring certification by the department, does not appear to have a similar purpose. When paragraph (1)(b) is read in conjunction with section
481.213(4), it is apparent that certification is automatic where the corporation is in compliance with
481.219(1)(a)....
...Because I am in agreement with that language, I cannot agree with the majority that a corporation which is otherwise fully in compliance with Chapter 481, Florida Statutes, should be denied compensation for architectural services merely because it fails to secure the certification to which it is entitled under section 481.219(1)(b). As an alternative basis for its determination that the contract is unenforceable, the majority reason that the appellant also failed to comply with 481.219(1)(a), in that "at least one unlicensed architect, Steve Chick, came to Florida and worked on the plans in O'Kon's behalf." In footnote 2, the majority acknowledge that the record does not reflect that Mr....
...In fact, the testimony from those witnesses personally familiar with the preparation of the architectural plans revealed that all of the drafting and architectural work was done by Warren Dixon, a Florida licensed architect, either personally or under 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....
...long as the work of the unlicensed persons is performed "under [the licensed architect's] responsible supervising control." See section
481.221(4), Florida Statutes, and Rule 21B-18.001, Florida Administrative Code. Accordingly, I would construe the
481.219(1)(a) provision requiring all corporate personnel acting as architects to be licensed to mean that all work must be done either personally or under the responsible supervising control of a Florida licensed architect....
...sistent with the language of the paragraph. In the present case, the testimony revealed that the work was performed under the responsible supervising control of a Florida licensed architect. I would therefore determine that there was no violation of section 481.219(1)(a)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 19293, 2004 WL 2922479
...with our sister court in the First District. The issue concerns whether a contract entered into between the College and a partnership comprised of two fully licensed Florida architects who never obtained the certificate of authorization described by section 481.219, Florida Statutes (1999), is void ab initio, and is therefore unenforceable by the architects....
...Mr. Morgan and Mr. Stresing are both licensed Florida architects, having met the requirements of section
481.213, Florida Statutes (1999). The problem is that their partnership, MSA, never obtained a certificate of authorization, as is required by section
481.219, Florida Statutes (1999). Section
481.219 allows architecture to be practiced through a corporation or a partnership, subject to certain conditions having been met....
...It decided to venture into Florida for work. In addition to hiring a licensed Florida architect, O'Kon hired an unlicensed architect living in Florida to work on the plans. O'Kon, however, had not registered in Florida, and had not received a certificate of authorization, contrary to section 481.219....
...After a non-jury trial, the trial court again ruled in favor of the developer. One of the alternative rulings of the trial court was that the contract under which the architect sought damages was unenforceable because the architect had failed to obtain the certificate of authorization described in section 481.219....
...1st DCA 1991) (" O'Kon II "). The problem is that both Mr. Morgan and Mr. Stresing, the sum total of persons offering architecture services through MSA, are both fully licensed by the State of Florida as architects. The licensing statute for architects is section
481.213, not section
481.219....
...To blindly adopt the O'Kon II rationale under these circumstances would, in our judgment, be unjust, and would elevate form over substance. *1159 We find ourselves in closer agreement with the holding in O'Kon I, and with Judge Allen's well-reasoned special concurrence in O'Kon II. As Judge Allen pointed out, the language of section 481.219 does not compel a conclusion that a failure to obtain the certificate of authorization invalidates a contract by the architectural organization ab initio....
...ve the legal authority to produce the product, and then you (the College) take the product, and then claim they can't sue you to get paid for the property that you've taken. The fairer way to conceptualize an agreement tainted by non-compliance with section
481.219 is to consider the contract to be voidable, in much the same way that fraudulent inducement renders a contract voidable, but not void. See Mazzoni Farms, Inc. v. E.I. DuPont De Nemours & Co.,
761 So.2d 306 (Fla.2000). Since the licensing of architects is addressed by a different statute, it is clear that section
481.219 was not intended by the legislature to assure that all architects working in Florida are licensed. Rather, a plain reading of section
481.219 indicates that its intention is to avoid a misrepresentation regarding the composition of architectural business entities that enter contracts for work on Florida projects. If preventing misrepresentation is the goal, then Mazzoni Farms teaches that contracts in violation of section
481.219 are merely voidable, not void....
...Having done so, it cannot be heard to complain because the jury agreed and found that the contract was enforceable by both parties. In substance, therefore, what we hold is that there is no automatic avoidance of a contract because of a violation of section 481.219; in as much as such contracts are only voidable, at the election of the non-offending party....
...As there is substantial competent evidence in the record to support that finding, we have no reason to second-guess the outcome. To the extent that the opinion in O'Kon II renders void and unenforceable all architectural contracts that are entered into by an architectural business organization that fails to obtain a section 481.219 certificate of authorization, we certify conflict....
CopyPublished | Florida 1st District Court of Appeal | 1988 WL 134442
...of the instant case. We disagree with appellant's basic argument, that section
713.03, Florida Statutes, "liens for professional services" allows for unauthorized architects (labelled here as project managers), practicing in Florida in violation of section
481.219, Florida Statutes, to file a lien on real property in Florida to collect for services rendered....
...We agree with appellees that is not what the legislature intended. We believe that the only way O'Kon could assert a valid lien under Chapter 713 to enforce a claim for architectural fees would be through the mechanism of section
713.02(2), Florida Statutes. O'Kon did not pursue certification pursuant to section
481.219, Florida Statutes, and therefore it may not avail itself of the mechanics' lien provisions....
...orida, from December 1, 1984, when the initial contract was formed, through April 23, 1987, when the lien was filed. The state's regulation of a corporate entity that seeks to provide architectural services is accomplished through certification. See section 481.219(1)(a) and (b), where it is provided that a corporation offering architectural services to the public may practice in this state if, (a) one or more of the principal officers or partners and all personnel who act in its behalf as archi...
...ded in section
481.213, Florida Statutes. (Emphasis supplied.) This statute does not limit its application to those corporations, who unlike appellant, offer only architectural services. We agree with appellees that without this statute, (as well as section
481.219(5), Florida Statutes), the state does not have a way to control the corporate offering of architectural services in the state....
...of Professional Regulation, Board of Architecture. (b) Corporate entities performing architectural services through Florida licensees must have first received a certificate of authorization from the Department of Professional Regulation pursuant to Section 481.219, Fla....
...c) Has engaged in the practice of architecture as a registered architect in another state for not less than 10 years. (4) The board shall certify as qualified for licensure any applicant corporation or partnership which satisfies the requirements of s. 481.219....
...vestigation is complete and disciplinary proceedings have been terminated. (7) The board shall adopt rules to implement the provisions of this act relating to the examination, internship, and licensure of applicants. (Emphasis supplied.) * * * * * * 481.219 Certification of partnerships and corporations....
CopyPublished | Court of Appeals for the Eleventh Circuit
...ations, limited liability companies, and
partnerships offering interior design services in commercial settings in Florida to
have a Florida-licensed interior designer serve as a partner or one of the principal
officers of the firm. See Fla. Stat. § 481.219. For such entities to comply with
Florida law, they must obtain a certificate of authorization from the Board. Fla.
Stat. § 481.219(3)....
...Certificate applicants must establish that “[o]ne or more of the
principal officers of the corporation or one or more partners of the partnership, and
all personnel of the [entity] who act in its behalf in [Florida] as interior designers,
are registered.” Fla. Stat. § 481.219(7)(b)....
...e of the
principal officers of the corporation or one or more partners of the partnership, and
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....
...The firm licensing
requirement further promotes safety by ensuring that a firm’s licensed interior
designers are supervised by someone who is similarly qualified and in a position
to actually exercise control over interior design work produced by the firm. See
Fla Stat. § 481.219(7)(b); § 481.219(10) (explaining that the principal officer who
qualifies the firm for its certificate of authorization “shall be responsible for
ensuring responsible supervising control of projects of the entity”).
Furthermore, while the lice...
