Florida/Georgia Personal Injury & Workers Compensation

.... I. BACKGROUND Florida law requires interior designers practicing in nonresidential, commercial settings within the state to obtain a state license. Fla. Stat. §§ 481.209(2), 481.213. Florida statute § 481.223(1)(b) provides that “[a] person may not knowingly ....

...Fla. Stat. §§ 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)....

...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. See Fla. Stat. §§ 481.223(2) and 775.082(4)(a)....

...The Board has pursued, on average, several hundred cases per year, in recent years. Florida’s interior design license requirement includes several exceptions. For instance, interior designers practicing in residential settings in Florida may do so without a license. See Fla. Stat. §§ 481.223(1)(b) and 481.229(6)(a)....

...We address each provision in turn, deciding questions of law de novo and reviewing the district court’s factual findings for clear error. See Proudfoot Consulting Co. v. Gordon, 576 F.3d 1223, 1230 (11th Cir. 2009). 3 The district court invalidated Florida’s titling law, Fla. Stat. § 481.223(1)(c), which prohibited unlicensed designers from “[u]s[ing] the name or title ....

...The interior design license requirement does not facially discriminate against out-of- state designers. The statutory text provides that both Florida and out-of-state interior designers need a Florida license to practice in commercial settings within the state. See Fla. Stat. § 481.223(1)(b) (“A person may not knowingly ....

...[2] By that time, Benitez had collected approximately $27,000 of the $37,000 contract price. [3] The Pilotos filed a complaint with the City of Hialeah and brought a civil suit against Benitez which they subsequently dismissed. In June 1999, Benitez was charged with practicing architecture without a license in violation of section 481.223 of the Florida Statutes and with two counts of grand theft....

...ces, regardless of whether such real property is actually improved. Section 713.03 is not applicable for several reasons. First, Miller is not an architect, and therefore cannot perform services as an architect. See O'Kon, 540 So.2d at 840; see also § 481.223(1), Fla.Stats....

...tnership who act in its behalf as architects in this state are registered as provided by this act; and (b) The corporation or partnership has been issued a certificate of authorization by the department as provided in s. 481.213. (emphasis supplied) Section 481.223 provides in pertinent part: (1) No person shall knowingly: (a) Practice architecture unless the person is a registered architect; Addressing first O'Kon's contentions that this case presents a mere technical violation of Chapter 481, we must respectfully disagree....

...tted to the municipal building department. The Board of Architecture and Interior Design (Board) filed a complaint against Mr. Diaz and D & RC for practicing architecture without a certificate of authorization as required by sections 481.219 and 481.223, Florida Statutes (2010)....

...ment that a licensed architect “offer” the architectural services of a design-build project, the identity of the architect must actually be specified in the design-build contract; otherwise the contractor faces civil and criminal liability under section 481.223, Florida Statutes (2010)....

...Those facts may bear on the competence of the architect hired by Mr. Diaz, but they are not pertinent to the single legal issue presented. . 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 offeri...

...termination that O'Kon's principal, Mr. James O'Kon, was holding himself and his corporation out as "architect" while knowing that he was not registered, certified or otherwise authorized to practice architecture in the state of Florida, contrary to section 481.223, Florida Statutes....

...n from real property to security and depositing $191,260 into the registry of this court, such transfer being recorded July 17, 1987, at Official Records Book 1272, Page 0102. 2. That legal rules applicable to the foregoing facts are as follows: (a) Section 481.223, Fla.Stats., prohibits any person from practicing architecture unless that person is registered with and licensed by the State of Florida Department of Professional Regulation, Board of Architecture....

...itious name, offering architectural services to the public jointly or separately; however, when an individual is practicing architecture in his own given name, he shall not be required to register under this section. (Emphasis supplied.) * * * * * * 481.223 Prohibitions; penalties....

.... I. BACKGROUND Florida law requires interior designers practicing in nonresidential, commercial settings within the state to obtain a state license. Fla. Stat. §§ 481.209(2), 481.213. Florida statute § 481.223(1)(b) provides that “[a] person may not knowingly ....

...Fla. Stat. §§ 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)....

...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. See Fla. Stat. §§ 481.223(2) and 775.082(4)(a)....

...The Board has pursued, on average, several hundred cases per year, in recent years. Florida’s interior design license requirement includes several exceptions. For instance, interior designers practicing in residential settings in Florida may do so without a license. See Fla. Stat. §§ 481.223(1)(b) and 481.229(6)(a)....

...We address each provision in turn, deciding questions of law de novo and reviewing the district court’s factual findings for clear error. See Proudfoot Consulting Co. v. Gordon, 576 F.3d 1223, 1230 (11th Cir. 2009). 3 The district court invalidated Florida’s titling law, Fla. Stat. § 481.223(1)(c), which prohibited unlicensed designers from “[u]s[ing] the name or title ....

...The interior design license requirement does not facially discriminate against out-of- state designers. The statutory text provides that both Florida and out-of-state interior designers need a Florida license to practice in commercial settings within the state. See Fla. Stat. § 481.223(1)(b) (“A person may not knowingly ....

...A. The Statute’s Scope The prohibition on practicing interior design without a license provides: (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....

...for any residential application.” *1288 § 481.229(6)(a). In short, a person may not “practice” nonresidential “interior design” without a license. A violation of this provision is a first-degree misdemeanor punishable by up to a year in custody. § 481.223(2)....

...The state readily agrees that a statute of this breadth would be absurd. But the state says this statute does not go this far. The state has it right. First, the definition itself prohibits nothing. It is simply a definition. The substantive provision is § 481.223(l)(b), which prohibits the “practice” of nonresidential interior design by an unlicensed person....

...Indeed, one Florida court has suggested that one does not “practice” architecture by preparing building plans, even for a paying client, on a single, “isolated” occasion. See Gaisford v. Neuschatz, 201 So.2d 635, 636 (Fla. 4th DCA 1967) (construing the prior version of § 481.223)....

...nterior designer.” § 481.229(6)(a), Fla. Stat. A separate provision, too, makes it a misdemeanor for an unlicensed person to “[u]se the name or title ... ‘interior designer’ or ‘registered interior designer,’ or words to that effect.” § 481.223(l)(e)....

...son can simply describe herself as a “residential interior designer,” thus avoiding any risk that the public will be misled. The statute prohibits a person from using the “name or title” “interior designer” or “words to that effect.” 481.223(l)(c), Fla....

...al. But the statute barring a person who provides lawful residential interi- or-design services without a license from advertising herself as an “interior designer” violates the First Amendment. Accordingly, IT IS ORDERED: 1. It is declared that § 481.223(l)(b) is constitutional. 2. It is declared that § 481.223(l)(e) and the proviso in § 481.229(6)(a) prohibiting advertising or representing oneself as an interior designer are unconstitutional. 3. The defendants must not enforce or attempt to enforce § 481.223(l)(c) or the proviso in § 481.229(6)(a) against the plaintiffs Eva Locke, Pa *1297 trida Anne Levenson, or Barbara Banderkolk Gardner, or against any person or entity who is now a member of the plaintiff National Federation of Independent Business....

prohibited from practicing in this state." Section 481.223(1), Florida Statutes, prohibits a person from

...Parrish, Assistant Attorney General, Fort Lauderdale, for appellant. No brief filed for appellee. SHAHOOD, J. Appellant, State of Florida, seeks review of the trial court's order granting appellee's motion to dismiss the charges against him on the grounds that sections 481.223(1)(c) and 481.229(6), Florida Statutes (1999), are unconstitutionally vague....

...We hold the statutes in question to be constitutional, reverse the trial court's dismissal, and direct the trial court to reinstate the charges against appellee. Appellee was charged by Information with being an unlicensed interior designer in violation of sections 481.223(1)(a) and (2)....

...esigner without being duly licensed and registered with the Florida Department of Business and Professional Regulation when he offered his interior design services to renovate a family room. Appellee moved to dismiss the charge arguing that sections 481.223(c) and 481.229(6) were unconstitutionally vague pertaining to the use of the phrases "practicing interior design," "performing interior design services," and "interior designer or words to that effect." Section 481.223, Florida Statutes (1999), provides in relevant part that: (1) A person may not knowingly: (b) Practice interior design unless the person is a registered interior designer unless otherwise exempted herein; (c) Use the name or title "ar...

...However, "residential applications" does not include common areas associated with instances of multiple-unit dwelling applications. In his motion, appellee claimed that he performed interior design services in a residential application as permitted by the above exception; however, he was charged with violating section 481.223 because he allegedly represented himself as an "interior designer." Appellee claimed that section 481.223(1)(c), and the exception set forth in 481.229(6) which allows a person to practice interior design in a residential application, are confusing....

...In this case, the Information alleged that appellee did unlawfully engage in the capacity as an "interior designer" without being duly licensed and registered with the Florida Department of Business and Professional Regulation, by offering his interior design services to renovate a family room, in violation of sections 481.223(1)(a) and (2). We hold that section 481.223 provides adequate notice of the conduct it prohibits....