(1) No person shall be required to qualify as an architect in order to make plans and specifications for, or supervise the erection, enlargement, or alteration of:
(a) Any building upon any farm for the use of any farmer, regardless of the cost of the building;
(b) Any one-family or two-family residence building, townhouse, or domestic outbuilding appurtenant to any one-family or two-family residence, regardless of cost; or
(c) Any other type of building costing less than $25,000, except a school, auditorium, or other building intended for public use, provided that the services of a registered architect shall not be required for minor school projects pursuant to s. 1013.45.
(2) Nothing contained in this part shall be construed to prevent any employee of an architect from acting in any capacity under the instruction, control, or supervision of the architect or to prevent any person from acting as a contractor in the execution of work designed by an architect.
(3) Notwithstanding the provisions of this part, a general contractor who is certified or registered pursuant to the provisions of chapter 489 is not required to be licensed as an architect when negotiating or performing services under a design-build contract as long as the architectural services offered or rendered in connection with the contract are offered and rendered by an architect licensed in accordance with this chapter.
(4) Notwithstanding the provisions of this part or of any other law, no registered engineer whose principal practice is civil or structural engineering, or employee or subordinate under the responsible supervision or control of the engineer, is precluded from performing architectural services which are purely incidental to his or her engineering practice, nor is any registered architect, or employee or subordinate under the responsible supervision or control of such architect, precluded from performing engineering services which are purely incidental to his or her architectural practice. However, no engineer shall practice architecture or use the designation “architect” or any term derived therefrom, and no architect shall practice engineering or use the designation “engineer” or any term derived therefrom.
(5)(a) Nothing contained in this part shall prevent a registered architect or a partnership, limited liability company, or corporation holding a valid certificate of authorization to provide architectural services from performing any interior design service or from using the title “interior designer” or “registered interior designer.”
(b) Notwithstanding any other provision of this part, all persons licensed as architects under this part shall be qualified for interior design registration upon submission of a completed application for such license and a fee not to exceed $30. Such persons shall be exempt from the requirements of s. 481.209(2). For architects licensed as interior designers, satisfaction of the requirements for renewal of licensure as an architect under s. 481.215 shall be deemed to satisfy the requirements for renewal of registration as an interior designer under that section. Complaint processing, investigation, or other discipline-related legal costs related to persons licensed as interior designers under this paragraph shall be assessed against the architects’ account of the Regulatory Trust Fund.
(c) Notwithstanding any other provision of this part, any corporation, partnership, or person operating under a fictitious name which holds a certificate of authorization to provide architectural services shall be qualified, without fee, for a certificate of authorization to provide interior design services upon submission of a completed application therefor. For corporations, partnerships, and persons operating under a fictitious name which hold a certificate of authorization to provide interior design services, satisfaction of the requirements for renewal of the certificate of authorization to provide architectural services under s. 481.219 shall be deemed to satisfy the requirements for renewal of the certificate of authorization to provide interior design services under that section.
(6) This part shall not apply to:
(a) A person who performs interior design services or interior decorator services for any residential application. For purposes of this paragraph, “residential applications” includes all types of residences, including, but not limited to, residence buildings, single-family homes, multifamily homes, townhouses, apartments, condominiums, and domestic outbuildings appurtenant to one-family or two-family residences.
(b) An employee of a retail establishment providing “interior decorator services” on the premises of the retail establishment or in the furtherance of a retail sale or prospective retail sale, provided that such employee does not advertise as, or represent himself or herself as, a registered interior designer.
(7) Nothing in this part shall be construed as authorizing or permitting an interior designer to engage in the business of, or to act as, a contractor within the meaning of chapter 489, unless registered or certified as a contractor pursuant to chapter 489.
(8) A manufacturer of commercial food service equipment or the manufacturer’s representative, distributor, or dealer or an employee thereof, who prepares designs, specifications, or layouts for the sale or installation of such equipment is exempt from licensure as an architect, if:
(a) The designs, specifications, or layouts are not used for construction or installation that may affect structural, mechanical, plumbing, heating, air-conditioning, ventilating, electrical, or vertical transportation systems.
(b) The designs, specifications, or layouts do not materially affect lifesafety systems pertaining to firesafety protection, smoke evacuation and compartmentalization, and emergency ingress or egress systems.
(c) Each design, specification, or layout document prepared by a person or entity exempt under this subsection contains a statement on each page of the document that the designs, specifications, or layouts are not architectural or engineering designs, specifications, or layouts and not used for construction unless reviewed and approved by a licensed architect or engineer.
...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)....
...Under
certain conditions, Florida also exempts from the license requirement
manufacturers of “commercial food service equipment” and employees of retail
establishments performing interior decorator services in connection with a retail
sale. See Fla. Stat. §§ 481.229(6)(b), (8). Florida also allows unlicensed
employees of an architect to practice “under the instruction, control, or
supervision” of a licensed architect. Fla. Stat. § 481.229(2)....
...Further, out-of-state
unlicensed interior designers may practice in commercial settings in Florida
“under the instruction, control, or supervision” of a licensed architect or while
“acting as a contractor in the execution of work designed by an architect.” See
Fla. Stat. § 481.229(2)....
...icense requirement is
also imposed on in-state firms doing business in Florida’s commercial design
market. Moreover, the license requirement does not apply to out-of-state firms
doing business in Florida’s residential settings. See Fla. Stat. § 481.229(6)(a).
Thus, similar to the license requirement for individuals, the requirement merely
restricts but does not bar entry into Florida’s commercial interior design market.
We also do not agree with Appellants’ argument that the legis...
...Diaz and D & RC for practicing architecture without a certificate of authorization as required by sections 481.219 and 481.223, Florida Statutes (2010). Mr. Diaz and D & RC claimed that their design-build proposal and services were authorized by a specific statutory exemption in section 481.229(3), Florida Statutes (2010): (3) Notwithstanding the provisions of this part, a general contractor who is certified or registered pursuant to the provisions of chapter 489 is not required to be licensed as an architect when negotiatin...
...ner of the project in question after Mr. Diaz and his company were terminated by the owner. 2 The Board member and architect *664 (who is not a licensed general contractor or attorney) offered this testimony: Q. Is it your understanding that Chapter 481.229, there is an exception for a general contractor to enter into a design build contract? A....
...thus that “the design-build exception is not applicable to the instant case.” Mr. Diaz and D & RC were fined a total of $10,000.00, and costs of $6,867.53 were assessed against them. Analysis The requirements of the design-build exemption in section 481.229(3) were satisfied in this case....
...and construction services under one contract with a single point of responsibility — and its use is growing rapidly. Owners select design-build to achieve best value while meeting schedule, cost and quality goals. 3 *665 The statutory exemption in section 481.229(3) recognizes such contracts, but requires that the “design” side of design-build services be provided by a licensed architect....
...The statute does not explicitly require the contractor to identify an individually-named architect before offering the design-build services. The exemption requires that both the “rendering” and “offering” of architectural services associated with a design-build project be provided by a licensed architect. § 481.229(3)....
...d in the design-build contract; otherwise the contractor faces civil and criminal liability under section 481.223, Florida Statutes (2010). However, the exemption expressly authorizes a licensed contractor to “negotiate” a design-build contract. § 481.229(3)....
...as appropriate, provided that: (a) One or more of the principal ... officers ... and all personnel ... who act in its behalf ... as architects, are registered as provided by this part. Appellant relies on the following statutory exception to the licensure requirement: 481.229 Exceptions; exemptions from li-censure....
...eneral contractor who provides architectural services under a design-build contract authorized by s. 481.-229(3). We note that this definition specifically includes unlicensed persons acting pursuant to one statutory exemption from licen-sure, i.e., section 481.229(3)....
Published | Court of Appeals for the Eleventh Circuit
...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)....
...Under
certain conditions, Florida also exempts from the license requirement
manufacturers of “commercial food service equipment” and employees of retail
establishments performing interior decorator services in connection with a retail
sale. See Fla. Stat. §§ 481.229(6)(b), (8). Florida also allows unlicensed
employees of an architect to practice “under the instruction, control, or
supervision” of a licensed architect. Fla. Stat. § 481.229(2)....
...Further, out-of-state
unlicensed interior designers may practice in commercial settings in Florida
“under the instruction, control, or supervision” of a licensed architect or while
“acting as a contractor in the execution of work designed by an architect.” See
Fla. Stat. § 481.229(2)....
...icense requirement is
also imposed on in-state firms doing business in Florida’s commercial design
market. Moreover, the license requirement does not apply to out-of-state firms
doing business in Florida’s residential settings. See Fla. Stat. § 481.229(6)(a).
Thus, similar to the license requirement for individuals, the requirement merely
restricts but does not bar entry into Florida’s commercial interior design market.
We also do not agree with Appellants’ argument that the legis...
...CONCLUSION
The lower court’s thorough final judgment, which contains factual
findings based on credibility determinations derived from live witness
3
The court also determined that the services were provided for residential
application, and therefore, no license was necessary. See § 481.229(6)(a)
(exempting from licensure “[a] person who performs interior design services
or interior decorator services for any residential application”).
7
testimony, is supported by competent substantial evidence....
...1 A “registered interi- or designer” is one with a Florida license. § 481.203(9). The exemption of primary interest is for residential services: the statute does “not apply” to a person “who performs interior design services ... for any residential application.” *1288 § 481.229(6)(a)....
...it. Thus, for example, the plaintiffs question a recently enacted exemption for a “manufacturer of commercial food service equipment” or its representatives, subject to specific conditions. See Ch.2009-195, § 24, Laws of Fla. (to be codified at § 481.229(8), Fla....
...The Advertising Restriction Florida law allows a person to practice residential interior design without a license. But the statute adds an important restriction: the person must “not advertise as, or represent himself or herself as, an interior designer.” § 481.229(6)(a), Fla....
...o sustain a restriction on commercial speech must demonstrate that the harms it recites are real and that its restriction will in fact alleviate them to a material degree.” Id. at 770-71 , 113 S.Ct. 1792 . The state’s only argument in support of § 481.229(6)(a) is that it is misleading for a residential interior designer to call herself an “interior designer.” Not so....
...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....
...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. Stat. (Supp.1994); § 481.229(1)(b), Fla....
Published | Florida 4th District Court of Appeal | 2001 WL 980808
...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....
...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...
...mpted herein; (c) Use the name or title "architect" or "registered architect," or "interior designer" or "registered interior designer," or words to that effect, when the person is not then the holder of a valid license issued pursuant to this part. Section 481.229, Florida Statutes (1999), which pertains to exceptions or exemptions from licensure for architecture and interior design provides that: (6) This part shall not apply to: (a) A person who performs interior design services or interior d...
...l 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....
...The statute prohibits the practice of interior design, unless a person is a registered interior designer or otherwise exempted. Further, one may not use the name "interior designer" "registered interior designer" or words to that effect, unless licensed. Appellee admittedly was an unlicensed interior designer. Section 481.229(6)(a) provides an exemption to licensure for a person "who performs interior design services or interior decorator services for any residential application, provided that such person does not advertise as, or represent himself or hers...
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
