Florida Enforcement of Interior Design Practice Law Harms Dealers
In recent months, the State of Florida has dramatically increased enforcement of a previously little-known state law that places significant restrictions on the commercial use of the title "interior designer" and on businesses' performance of an extremely broad range of commercial functions that have been defined as "interior design." In what appears to be a unique situation, the State has delegated enforcement to a private board of examiners, which in turn has hired a law firm to pursue individual cases.
This development may have national ramifications and OFDA staff are investigating the situation and talking with other affected industries and a national coalition that is challenging the spread of interior design legislation around the country at the state level. Here are a number of resources that OFDA members may find useful in learning more about their own state interior design law situation and the issues at stake:
Matrix of State interior design laws and their key provisions
Institute for Justice white paper on interior design laws as a restrictive "cartel"
Issue position statement of the American Institute of Architects
Issue position statement of the National Kitchen & Bath Association
Alabama Supreme Court ruling on interior design law as "unconstitutional"
Veto statement of Governor of Colorado
Veto statement of Governor of Indiana
Florida interior design law
Regrettably, a growing number of Florida office furniture dealers and a few kitchen and bath product dealers that offer "design" services have been charged with violation of the statute. In some cases, those charged have been found guilty of violating the Florida interior design law and have received stiff fines totaling thousands of dollars. The Florida law is particularly onerous in its broad definition of "interior design" that includes "space planning" and in its requirements that any business performing such services employ a certified "interior designer" and that at least one owner or officer of the firm be a certified interior designer.
In Alabama, the state Supreme Court has found its law to be unconstitutional; in Indiana, Colorado and New York (and perhaps other states) the governors have vetoed bills sent to them for signature in the past couple of years. More than 20 states have so-called "title" interior design statutes in place; with the Alabama ruling, there are 3 states that have the more far-reaching "practice" interior design laws in force.
OFDA encourages members around the country to review their own state laws if they have not done so already, and to advise OFDA staff (cbates@ofdanet.org) of any recent developments in your state and specific concerns you have on this issue. The leading interior design organizations in our industry (ASID and IIDA) have supported these laws, which have been enforced to varying degrees depending on the state situation.
