The 2023 Florida Statutes
|
||||||
|
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 . . . [p]ractice interior design unless the person is a registered interior designer unless otherwise exempted herein." A designer must complete a combined total of six years of interior design education and internship experience with a licensed interior designer to qualify for a Florida license. See Fla. Stat. § 481.209(2); Fla. Admin. Code r. 61-G1-22.001Q). The designer must also pass an examination administered by the National Council of Interior Design Qualifications ("NCIDQ"). Fla. Stat. §§ 481.209 and 481.207.
A review of the many licensing statutes in the state revealed only one other statute with a rule-making requirement and the optional approval of an accreditation organization written like the one in question. See § 472.013(4), Fla. Stat. (land surveying and mapping). Others make it clear that there are two approval options, one by accreditation and one by approval by a board, like that for architecture and interior design. See § 481.209, Fla. Stat.
(a) Qualifies to take the prescribed licensure examination, and has passed the prescribed licensure examination or a substantially equivalent examination in another jurisdiction, as set forth in s. 481.209 for architects or interior designers, as applicable, and has satisfied the internship requirements set forth in s. 481.211 for architects;
From 1979 through 1987, the Florida architecture licensing statute specifically required the applicant to be "a graduate from an approved architectural curriculum of 5 years or more." § 481.209(2)(b), Fla. Stat. (1987); Ch. 79-273, § 5, Laws of Fla. In 1988 this portion of the architecture statute was amended to delete the specific reference to five years. Insofar as pertinent here, the applicant now must show that he or she "[h]as successfully completed all architectural curriculum courses required by and is a graduate of a school or college of architecture accredited by the National Architectural Accreditation Board." § 481.209(1)(b)(1), Fla. Stat. (1993); Ch. 88-383, § 7, Laws of Fla. The applicant argues that the legislature's deletion of the specific reference to five years in the cited portion of the statute means that the requirement of a five year degree has been eliminated. If section 481.209 were the only statute involved, we would be inclined to agree. However, there are three statutory sections which must be read in pari materia.
(a) Qualifies to take the examination as set forth in s. 481.209; has passed a national, regional, state, or United States territorial licensing examination which is substantially equivalent to the examination required by s. 481.209; and has satisfied the experience requirements set forth in s. 481.211;
(4) architecture, § 481.209(2)(b), Fla. Stat. (1987). While architecture is a profession under our definition, the statute of limitations for the design and construction of improvements to real property is four years, § 95.11(3)(c), Fla. Stat. (1987);
. . . . §§ 481.209(2), 481.213. . . . Stat. § 481.209(2); Fla. Admin. Code r. 61-G1-22.001(1). . . . Stat. §§ 481.209 and 481.207. . . .
. . . See § 481.209, Fla. Stat. . . .
. . . licensure examination or a substantially equivalent examination in another jurisdiction, as set forth in s. 481.209 . . . , must also hold a degree in architecture and such degree must be equivalent to that required in s. 481.209 . . . Section 481.209(l)(b) states that an applicant must have degree from a school or college accredited by . . .
. . . He contended that his degree satisfies the education requirement currently set forth in paragraph 481.209 . . . school or college of architecture accredited by the National Architectural Accreditation Board.” § 481.209 . . . If section 481.209 were the only statute involved, we would be inclined to agree. . . . any applicant who passes the prescribed licensure examination and satisfies the requirements of ss. 481.209 . . . That is so because subsection 481.213(2) explicitly requires applicants to comply with both section 481.209 . . .
. . . (Emphasis supplied.) 481.209 Examinations.— (1) A person desiring to be licensed as a registered architect . . . licensure. (2) The board shall certify for licensure any applicant who satisfies the requirement of ss. 481.209 . . . a license by endorsement an applicant who: (a) Qualifies to take the examination as set forth in s. 481.209 . . . territorial licensing examination which is substantially equivalent to the examination required by s. 481.209 . . .
. . . Stat. (1987); (4) architecture, § 481.209(2)(b), Fla.Stat. (1987). . . .