May 2011

It's over

The deregulation bill did not pass.  Members and sponsors, you will be getting the details shortly on what happened, what it means, and what's next

May 2011

This is why we call them zombies.  5/3/11

  Just when you think there's no life left...

Last week, Florida House and Senate budget leaders reached agreement to deregulate commercial interior designers.

But the Cartel is kicking and screaming and just won't give up.  On Monday, they tried to introduce an amendment on the Senate floor to undo the agreed upon deregulation language.  Luckily, we were able to get it withdrawn, but they are pulling out all the stops to keep Florida's monopoly in place.

Yesterday, ASID hired TWO ADDITIONAL Florida lobbyists.

They now have nearly half a dozen of the highest paid lobbyists in the state on their payroll!


Are you going to let ASID BUY a monopoly. . . again?  Don't forget, they've spent allegedly more than $7,000,000 of their members' dues lobbying to create a nationwide cartel -- why not several hundred thousands more?

 
The final vote for interior design deregulation will be take place this Friday.  YOUR EMAILS AND PHONE CALL HAVE GOTTEN US THIS FAR AND ARE NEEDED MORE THAN EVER NOW TO ENSURE THAT THIS BILL IS PASSED.


This will likely be my last email on Florida deregulation.  help us finish the job!

   1. Contact your own Senator.  You can find who your Senator is and his/her contact info, click here.
   2. Contact the Senators below -- they are are wavering and may not support deregulation without your help:

Sen. Thad Altman (850) 487-5053 altman.thad.web@flsenate.gov
Sen. Lizbeth Benaquisto (850) 487-5356 benacquisto.lizbeth.web@flsenate.gov
Sen. Mike Bennett (850) 487-5078 bennett.mike.web@flsenate.gov
Sen. Paula Dockery (850) 487-5100 bogdanoff.ellyn.web@flsenate.gov
Sen. Miguel Diaz de la Portilla (850) 487-5109 portilla.miguel.web@flsenate.gov
Sen. Mike Fasano (850) 487-5062 fasano.mike.web@flsenate.gov
Sen. Dennis Jones (850) 487-5065 jones.dennis.web@flsenate.gov
Sen. Jack Latvala (850) 487-5075 latvala.jack.web@flsenate.gov
Sen. Evelyn Lynn (850) 487-5033 lynn.evelyn.web@flsenate.gov
Sen. Rhonda Storms (850) 487-5072 storms.ronda.web@flsenate.gov

April 2011

We're IN!!!                                  4/30/11

shocked!Are you sitting down?  You might want to...

After meeting last night at 10:15, this morning at 10:00 and this afternoon at 2:00, the negotiations between Sen. Alexander and Rep. Grimsley are over.  They have reached a budget agreement and (drum roll, please)....

 

INTERIOR DESIGN REMAINS IN

TO BE DEREGULATED!!!

 

The budget bill now has a 72 hour "cooling off" period, then will be on legislators' desks next Tuesday, for a final vote on Friday (last day of session) to confirm the budget which has now been informally agreed to by both Senate and House.

The Cartel will no doubt do everything they can to make a desperate, final attempt to get interior designers removed and save their monopoly stranglehold, but that's highly unlikely at this juncture, as the budget should be a straight up-or-down vote, and all the "horse trading" has already been done. Still, you just never know what can happen in the legislature, so put that champagne on ice, but don't crack it open just yet.  We'll give you the thumbs up when all hurdles have been passed.

 

pink cowboy hatFor all intents and purposes, it sure does look like the Good Guys have won!  Thanks for being part of our team effort -- IDPC has been working on getting rid of this law since 2008, and if you have not already done so, this would be an ideal time to support our work.

 

I think I'm going to take the rest of the weekend off.

 

I'll be in touch....

 

Executive Director

 

 

Next stop on the conference train  4/29/11

engine that couldAfter several meetings over the last couple of days between Representative Hukill and Senator Hays, the issue of whether to keep interior design in the deregulation bill or remove it, was unresolved with Rep. Hukill standing strong for creating more opportunities for small business and Sen. Hays refusing to help take down the Cartel.

The decision on HB 5005 now bumps up to the next level in the budget conference -- consideration by Senator JD Alexander and Representative Denise Grimsley.

We believe they will support the deregulation of interior designers, but make no mistake, the ASID-led cartel is getting more desperate by the day and will stop at nothing -- no amount of money, no amount of falsehoods, no number of lobbyists -- are too many/much to try to save their monopoly on commercial design.

Please take a few minutes to call and write to these two key legislators.  Again, your own words are best, but you can use the sample letter at the bottom if needed.

    * JD Alexander, 850-487-5044 alexander.jd.web@flsenate.gov
    * Denise Grimsley, 850-488-3457  denise.grimsley@myfloridahouse.gov

One last thing -- a personal favor, if you will.  Please send Rep. Hukill a quick note and thank her for staying strong by keeping interior designers in the deregulation bill which will create more job opportunities for Florida.
 

    * Dorothy Hukill, 850-488-6653  dorothy.hukill@myfloridahouse.gov

 

FYI, if you missed the ASID press conference debacle yesterday, you can read our humorous blog summary, ASID or SNL? here.

 

We're ever so close, friends!  Can you just taste the sweetness of regaining your right to practice design in any venue you choose, like your colleagues do in 47 other states?

 

Let's finish strong!  Are ya with me?

 

Executive Director

 

 

rocketCountdown!        4/26/11

With only a week and a half left in session, we must work together to pull out all the stops and continue our forward progress to open commercial interior design to all, create more jobs, and help Florida's struggling economy.

As part of the budget allocation deal it was decided that Senator Alan Hays and Representative Dorothy Hukill will decide what parts of HB 5005 regarding deregulation will be accepted in final budget.  Representative Hukill is squarely on board with deregulation, but Senator Hays (R), unfortunately, is not.

I know this has been been a long process and you're tired, but think of what we've accomplished (multiple committees have passed the bill) and what you will gain (ability to work to the full scope of your ability).  It will also be historic -- no other state has ever repealed an interior design law!

Please take a few minutes to call and email Senator Hays ASAP and ask him to SUPPORT DEREGULATION OF INTERIOR DESIGNERS!

Phone:  (850) 487-5014
Email:   hays.alan.web@flsenate.gov  

Your own words are best, but a sample letter is provided at the bottom of this email.

 

Reach out to your colleagues, vendors, clients, and family and ask them to call and write!

 

Association leaders!  Please ask your members to participate -- we need their help.  Our opponents have us outnumbered in money, lobbyists, and grassroots (mainly unwitting students).  But we have something they will never have -- the TRUTH about the positive impact deregulation will have on designers and Florida's economy.  (If you'd like a link to this email for forwarding, please email me at pmorrow@IDPCinfo.org.)

 

REMEMBER:  Write SUPPORT Deregulation in the subject line of your email!

 

Thank you.  I'll be in touch. . .

 

Executive Director

 

 

pink hammerAnother nail in the Florida

Cartel's coffin. . .              4/26/11

 

As you know, one of the Florida cartel's many scare tactics has been their assertion that only licensed designers are insurable.  Well, this too has been DEBUNKED - see letter from Suncoast Insurance.

 

Other FL cartel myths that have been disproved:

    * Interior design licensure protects the public.   Disproved here.
    * Only architects will be able to practice commercial design.  Disproved here and here.
    * Regulation creates jobs (no - it restricts competition; deregulation opens new job opportunities).

    * Deregulation will cause the current licensed designers to lose work.  Truth -- only if their work is inferior (here).
    * The current law in Florida is a voluntary licensing program - no one is forced to become licensed. Disproved here.

    * 26 states believe the safety their residents requires that interior designers be regulated.  Disproved by Institute for Justice here.
    * Regulation offers consumers more choices (wrong... the Federal Trade Commission concluded that regulation raises consumer costs and provides fewer choices.
    * Colleges will close if deregulation occurs (47 other states with some of the finest interior design colleges in the country haven't closed - in fact, enrollment has been up in recent years)
    * Students degrees will be worthless (students attend college for an education, not for licensure; among other benefits, their degree provides them with a leg-up on competition right from the start)
    * Students will not be able to pay off their school loans (right now, they can only work for the 2,500 licensed interior designers; if deregulated, they will be able to work for many thousands of other designers or start their own business. The result is more opportunities for employment/entrepreneurship will facilitate paying off school loans faster).

As long as ASID/IDAF continue to make their blatantly false statements, IDPC will be right there to hammer out the TRUTH!

 

Please support our crusade to pound out anti-competitive interior design regulations!

 

Executive Director

 

 

YES WE CAN!                                4/21/11

 

rosie22 major organizations have formed a coalition to support deregulation on behalf of well over 100,000 Floridians who would benefit from a repeal of Florida's interior design practice act.

 

Click here for Coalition Letter sent to Senate President Haridopolos.

 

I believe this letter is going to have a dramatic impact in the Senate.... how could it not?

 

BAM!

 

I'll be in touch...

 

Executive Director

 

 

NeilyNeily on Fox!                    4/19/11

Clark Neily, Senior Attorney at the Institute for Justice and member of IDPC Board of Directors will be a featured guest on Judge Napolitano's program Freedom Watch, speaking out on the battle over interior design in Florida.

IDPC has been working with Clark and our friends at IJ on regaining Florida designers' rights for several years.  We are Clark/Pattijust delighted at this new opportunity and Fox could not have chosen a better person to expose the misinformation that the Cartel has perpetrated on the public.  GO CLARK!

I simply cannot wait to watch this program and hope you will join me!

Be sure to tune into Fox Business Channel tonight at 8pm or 11pm-and let your colleagues know!

 

Executive Director

 

 

AIAOn Thursday, April 14th, the American Institute of Architects (AIA) hand-delivered a letter to all members of the Florida Senate outlining their position on deregulation of Florida's interior design law.

 

In his letter, CEO Robert Ivy asserts that the statements being made by ASID/IDAF which expressly state that if deregulated, only architects will be able to practice commercial interior design, are not true, and that passage of the deregulation bill will result in "little to no impact" on how Florida architects conduct business.

 

Mr. Ivy also affirms to the legislature, "We applaud you for the proposed elimination of unnecessary bureaucracy."

 

IDPC has publicly and in numerous private lobbying sessions with key members of the House and Senate, corrected the false statements made by ASID/IDAF by providing factual, statistical and empirical evidence that deregulation (1) will create more job opportunities, and (2) will still allow licensed interior designers the ability to submit plans that do not impact lifesaver, as they do today.

 

We agree with and congratulate AIA on their public position on interior design deregulation.

 

Tea Party ReviewAn April 18th Tea Party Review article came out in support of the popular opinion that the interior design deregulation issue is a litmus test for genuine commitment to limited government and economic opportunity versus special-interest politics as usual.

 

I'll be in touch as progress is made.  In the meantime, please follow the instructions already given below.

 

Best regards,

 



Executive Director

April 2011

Finish line...  ahead!    4/18/11

The conference committee will convene the week after Easter, starting April 25.  This week, most senators will be back in their home districts, so we want to take the opportunity to focus in on just three key Senators. 

Please take some time this week to email AND call the Senators below:

Your own words and experiences about how this law has prevented you from working in the commercial field is best, but a sample letter can be found at the bottom of this email. 

 

Also, many of you have requested printable versions of the three national articles released last week (especially the Wall St. Journal) to hand out or attached to your email, so I've provided pdf files below.  You can also send the links which were included in the last email below.

 

Wall Street Journal pdf

National Review magazine pdf

Reason Magazine pdf

 

Remember. . . 

Deregulation is good for designers, good for consumers, and good for Florida!

 

Stay tuned... I'll be in touch later this week.

April 2011

Amendment DIES!The amendment filed by Rep. Saunders which would have removed interior design from the list of occupations to be deregulated failed to pass the House floor this afternoon.

Read details in Orlando Sentinel here. 

We are one step closer to getting rid of Florida's job-killing interior design law!  Next stop, the House will vote on passage of the entire deregulation bill.

Even the Tea Party has jumped in to help us -- read their press release here.

Lastly, here is IDPC's press release which you can send to legislators, media, designers, and students which completely debunks the Cartel's false scare tactic that only architects will be able to practice if interior design is deregulated.  

April 2011

It's up to YOU

This week, the bill which would abolish Florida's interior design law and allow ALL DESIGNERS to practice ALL ASPECTS of interior design passed the House Appropriations Committee.

That's the good news.

The bad news is that many of the legislators are wavering and voted reluctantly.  Why?  Certainly not because they don't understand the facts -- they are aware of the misinformation, absurd statements, and blatantly false information perpetuated by those who would are desperately seeking to keep the monopoly in place.

The ASID/IDAF cartel bussed in nearly 90 students from all over the state who testified through alligator tears that if the law is deregulated, their degree would mean nothing, they would never get a job, and would never be able to pay off $100,000 in school loans.  Of course, exactly the opposite is true, and these unwitting students are just victims of the Cartel's indoctrination.  But because, once again, only six people showed up to testify in favor of deregulation, we were overwhelmingly outnumbered, and it did not go unnoticed.

You will NEVER have a better opportunity to get rid of Florida's ruthlessly aggressive interior design law, but right now, your legislators are thinking if you don't care, why should they?

ACTION NEED IMMEDIATELY!

Email a letter to the Republican members of the Appropriations Committee and call their office every day.  It can be the same letter, and you can send one email with all the members in the "to" box.  It is clear that every Democrat is going to vote against deregulating, so no need to email them.  We need to keep the Republicans who want to deregulate strong and committed to seeing this through!

Include a cc to House Speaker Dean Cannon on every email at dean.cannon@myfloridahouse.gov and call his office at (850) 488-2742.  He is behind this bill, so let's encourage him to continue his crusade to open more jobs for Florida designers.

Include a cc to Senate President Mike Haridopolos on every email at haridopolos.mike.web@flsenate.gov and call his office at (850) 487-5056 so that the Senate does not attempt to take interior design out of the budget when it goes to the House/Senate conference next week.

A short sample letter is available here.

IMPORTANT: Make sure you write "SUPPORT DEREGULATION OF INTERIOR DESIGNERS" in the subject line.  Some legislators are not even opening the hundreds of emails they are getting, but just recording "for" or "against" based on what's in the subject line.
 
There is a good chance that interior designers could be removed from the deregulation bill, and you can bet the ASID/IDAF cartel and their high-powered lobbyist are working to do exactly that.  The Committee said they are getting letters 50 to 1 in favor of keeping the law.  Where have you been?!?

It's all up to you, now.  IDPC has helped to get it this far, but we can't do it for you.  Grassroots is key. If you want interior design deregulated, then take a few minutes every day to send an email to the committee and speaker.

If this anti-competitive, job-killing law remains in place it will only be because the Cartel was more active, not because they are right.

March 2011

Another hurdle... I'm happy to report that HB 5005, the deregulation bill that would abolish licensing of interior designers in Florida passed out of the Economic Affairs Committee unscathed by a vote of 12 to 6, although Rep. Waldman did introduce an amendment to remove interior design that was voted down.

Joining me in testifying in support of deregulation were IDPC members Cliff Welles, Addie Smith, Eva Locke, Natasha Younts, along with Allen Douglas (NFIB) and Ed Nagorsky (NKBA) -- all providing excellent, factual information and rebuttal.

Also, a very special thank you to Joseph Pubillones, Jim Weinberg, Eva Locke, Marsha Schaffner, Jerry Pierce and Mr. B.  (who wishes to remain anonymous) for their very generous donations which have enabled me to get to Tallahassee two weeks in a row to testify and lobby in support of the deregulation bill, and to the multitude of new Florida members who have helped with that as well.  Without teamwork, we would not be succeding.

The bill has now been referred to the House Appropriations Committee, but the sponsor of the bill, Rep. Bovo is leaving the legislature as of Friday, March 25 to run for local office in Miami, and it is still undetermined who will take over leadership of this bill.  I would ask that you send a note to Rep. Bovo and thank him for his leadership on this important issue -- he is our hero!

Our opposition outnumbered us by a margin of more than 3 to 1 (mainly whining and crying students who were bussed in).  I cannot over-emphasize this -- at every hearing, occupations and/or issues are getting picked off this bill.  The 6 legislators who opposed it were very vocal in their opposition.  Please take note: if we do not get more people to attend the next hearing, we may not be able to continue to move it forward.  It is not fair to expect the same people to use their time and resources to appear at every hearing when the benefits will be enjoyed by the entire design community.

IDPC member Eva Locke and I spent some time at the Capitol, and there are also several interesting new developments that IDPC is working on that will also benefit nonlicensees.  Stay tuned...   

Oh, and if you're serious about regaining your right to practice interior design, and staying on this mailing list, then join our crusade asap.

March 2011

Next? Phone Calls!

HB 5005, the bill to deregulate approximately 30 occupations has been reduced from 318 pages to just 63 pages.

Don't panic!  We have been SUCCESSFUL in keeping interior design included and up for repeal!

But we need your help now more than ever.  The focus of Thursday's hearing will be mostly on interior design, and the IDAF/ASID cartel will pull out all the stops to try and get interior design also removed from the dereg bill.

URGENT ACTION NEEDED:

 

1.  CALL these three influential Committee members.  It's very easy and will take only a few minutes.  Simply state to the person who answers the phone that you are a Florida designer who supports deregulation of the interior design industry, and supports HB 5005.

• Chair Hukill (850) 488-6653
• Minority Leader Thompson (850) 488-0760
• Rep. Dorworth (850) 488-5843

2. WRITE to all Committee members, if you have not done so already.  See instructions below.

 

3.  ATTEND the hearing on Thursday, March 24th, at 8 am, House Office Building, 204 South Monroe Street, Tallahassee.  Sign in to testify; if you do not want to speak, when you are called, just say "Waive in support" and your support will be registered.

Thank you to everyone who has been letting me know that you are participating.  This is vitally important to Florida's future and we need EVERYONE to do their part.

 

We're SO close to accomplishing our goal!  We CAN do this together.  Let's roll!

March 2011

Hearing Scheduled

 

 

 

 

 

 

 

• Three E's Myth of the Interior Design Cartel
• The Collateral Effect of Interior Design Regulation on Real Estate Stagers 
• Rebuttal to ASID Messaging Guide

 

 

"IDPC is the nationwide voice of the design community, seeking to protect the rights of interior designers to continue working in the profession they love without unnecessary and anti-competitive regulation which does nothing more than protects the economic self-interest of a handful of designers.

The organization has shown a light on the efforts of the interior design lobby which is trying to corner the market on interior design services and dictate who may or may not be hired by members of the public.  Its newsletters and articles have effectively and truthfully raised the awareness of the design industry to the anti-consumer legislation that the lobby is seeking to foist upon the public."

 

March 2011

Repeal!               

 

 

HIGHLIGHTS 

(a.k.a., those who want to restore design freedom)

"I was here when the regulatory scheme was adopted in 1994. It was about a number of tragic events that happened around the country in places where fires happened where interiors were done in a way, in a form, and in a fashion that caused people to lose their lives.  Commercial locations where the public comes in, the public goes out, that's when you realize there was a reason for regulation or the lack thereof."

 

 

March 2011

Letters Needed for Repeal

1. The law is hurting you financially because it's stopping you from working in all areas of design.
2. The law does NOT protect public health, welfare, or safety.
3. The design community does NOT need or want it.

ACTION!  Please send an email to Teddi Creamer, Staff Director for the House Subcommittee for Business and Consumer Affairs at: Teddi.Creamer@myfloridahouse.gov.  You can either attach a letter on your stationary or just write your letter in the body of your email.

 

Address your email to:  The Honorable Chairman Bovo and Members of the Business and Consumer Affairs Subcommittee

 

Ms. Creamer will make sure that all constituent issues are passed along to the Subcommittee.

 

Your own words are best, but a sample letter is attached for your convenience. If you prefer to call the Subcommittee members, their contact info is below. 

 

Sample letter

Committee contact info 

 

We need to flood the subcommittee with letters, so please get all stakeholders to write:

• Interior designers or anyone who practices at least some aspect of interior design;
• Vendors, showrooms, industry partners
• Trade associations
• Your clients and clients who would like to hire you but could not
• Family and friends

 

Keep in mind that some of the above will need a slightly different approach in their letter.

May 2010

FOR IMMEDIATE RELEASE:

IJ and IDPC Join Forces to Take Down Florida Cartel

Contact: Patti Morrow 603.228.8550

 

April 16th, 2010

"Interior Designer" names to be expunged! 

 A HEARTY CONGRATULATIONS 

FLORIDA INTERIOR DESIGNERS!

 

 

AND ANOTHER NAIL IN THE IDAF'S COFFIN!

1. Send an email to Tony Spivey, the Executive Director of the Board of Architecture and Interior Design at Tony.Spivey@dbpr.state.fl.us and request that the names of alleged title violators be removed immediately! Their constitutional rights were violated -- this is a very serious matter that deserves PROMPT action!
   • If you were the recipient of a Cease and Desist, state that up front in your email. 
   • Even if you were not disciplined at all, as an outraged citizen and member of the Florida interior design community, you have a right to have your voice heard about a serious matter that impacts your profession and your state.
2. Copy pmorrow@IDPCinfo.org on the email!  We want to keep track and a paper trail for all emails sent to the Board.  It would be nice if they were honest and up-front about your requests, but frankly, that's not their M.O.  If they do nothing, IDPC will send a follow-up request on your behalf to the DBPR which will include copies of all your requests to Mr. Spivey.
3. Please support  IDPC's ongoing efforts to protect the Florida design community's rights and livelihoods by becoming a member or by making a donation of your choice.  See below for coupon with new payment options.  We are a team, and you support enables us to continue to fight on your behalf.

"The strength of the Constitution lies entirely in the determination of each citizen to defend it. Only if every single citizen feels duty bound to do his share in this defense are the constitutional rights secure."   

~Albert Einstein

April 2, 2010

 

As you know, on February 4, 2010 Judge Robert Hinkle declared Florida's title act unconstitutional and created significant new opportunities for nonlicensees to work in commercial settings. 

 

Shortly after the decision came down, Janice Young, ASID, former president of IDAF, and leading advocate in the (largely unsuccessful) effort to preserve Florida's anti-competitive and unconstitutional interior design law, began scrambling to limit the ruling by insisting that commercial "decorating" work is still regulated under applicable building codes (§481.203.15, Fla. Stat.) and therefore off-limits to nonlicensees.

 

"I have read the piece (again and again) and while the Judge says interior decoration can be done without a license in non-residential setting (page 9), the statutes have always qualifies [sic] the items relating to interior decoration as those 'not subject to regulation under applicable codes.'"(emphasis added)

 (February 10, 2010 email from Janice Young to BOAID General Counsel Mary Ellen Clark)

 

Unfortunately for Ms. Young and the rest of the cartel, it doesn't look like anybody's biting. In her 2/8/10 email, Ms. Young asked BOAID prosecutor David Minacci for his opinion.  His reply:

 

"I think Judge Hinkle's decisions allow those services defined as "interior decorating" in a commercial setting.  Bottom line, the practice act was saved, but really had the legs taken out from underneath it."

 

Documents obtained by IDPC show that Ms. Young met with Jim Schrock, who serves on the Florida Building Commission.  Mr. Schrock further undermined Ms. Young's attempts to avoid the plain fact that the February 4 court decision opened up substantial opportunities for nonlicensees to perform commercial interior design work in Florida.  Summarizing her conversation with Mr. Schrock about the Florida and Jacksonville building codes in an email to Bragg, et al dated February 18, 2010, Ms. Young notes:

           

        

Thus, it appears that the city of Jacksonville does not require a permit for commercial "decorating" and does not require a permit for interior design unless it involves "construction." 

 

Ms. Young has been pushing for an interpretation of the court decision that allows nonlicensees to provide "interior decorator services" in commercial settings, but only when those services relate to items that are "not subject to regulation under applicable building codes."  (See §481.203(15), Fla. Stat.).  As her exchange with Mr. Schrock indicates, even that crabbed reading of the court decision (which is mistaken for reasons I have explained in Spin Cycle) opens up substantial opportunities for nonlicensees to perform design work in commercial settings because Florida's definition of "interior decorator services" is quite broad, encompassing "surface materials, window treatments, wallcoverings, paint, floor coverings, surface-mounted lighting, surface-mounted fixtures, and loose furnishings"-all of which Mr. Schrock indicates will rarely be covered by an "applicable building code" and are thus fair game for nonlicensees, even in commercial settings. .

 

Click here to read Ms. Young's entire email account of her meeting with Mr. Schrock:

March 2010

2.       Florida's Practice Restriction Judicially Rewritten-Nonlicensees May Now Perform Substantial Work in Commercial Settings.

 

As written, Florida's interior design law says you must have a license to perform interior design work-including space plans, designs, consultations, studies, or specifications-in any nonresidential setting.  The sweep of that law is staggering.  Indeed, it is reminiscent of Alabama's practice act, declared unconstitutional by the Alabama Supreme Court in 2007, which made it a crime for nonlicensees to offer advice about such mundane things as paint colors and throw pillows.

 

In order to avoid the "substantial constitutional issues" (those are Judge Hinkle's words, not mine) that arise from a literal reading of the statute, the Board of Architecture and Interior Design abandoned its earlier interpretations of the law and asked the judge to simply rewrite the practice act however he thought necessary in order to uphold it.  The result was an incomprehensible new definition of "interior design" in Florida that no one can understand and that will be virtually impossible for the State Board to enforce.

 

According to the new definition invented by the Board's lawyers and the judge, "interior design" in Florida no longer includes spaces plans and other services relating to "stand-alone furniture" (whatever that means exactly-the court decision uses the term but never defines it) in commercial settings and apparently does not include surface materials, window treatments, wall coverings, paint, floor coverings, surface-mounted lighting, or surface-mounted fixtures in commercial settings either. 

 

So what, if anything, remains covered by Florida's commercial practice restriction?  The only thing that remains covered for sure based on the judge's ruling is "fixtures," typically defined as "personal property that is attached to land or a building and that is regarded as an irremovable part of the real property"-things like non-load-bearing walls, ceilings, and HVAC materials.

 

As to everything else-well, it's anybody's guess what remains covered and what does not.  As specifically noted in the court ruling, this pulled-from-thin-air definition of "interior design" represents a new and "limited construction" invented by the State Board's lawyers "to obtain a favorable ruling in this case."  Moreover, the judge specifically admonished the State Board that it would not be allowed to "revert to incorrect positions [read: correct but constitutionally problematic] it has taken earlier" and "will not be free in later cases to disavow the limited construction it has successfully advocated here."

 

Here is what the Board's prosecuting attorney David Minacci said in an email to IDAF president Janice Young four days after the ruling came down:

 

"I do not agree with the Judge's ruling and I cannot defend it.  All I'm doing is telling you what I think it says.  Bottom line, the practice act was saved but really had the legs cut out from underneath it."

 

Does that sound like "victory?"  Hardly.

 

3.  The Cartel's "Victory" Celebration Is Not Only Misplaced But Premature.

 

Besides having precious little to celebrate after seeing the practice act's "legs cut out from underneath it" in order to save it, the cartel's victory dance is premature because an appeal has been filed challenging Judge Hinkle's decision to save even a legless version of Florida's interior design practice act. 

 

Two important issues on appeal will be the facts that: (1) no one can make heads or tails of the court's new definition of "interior design"; and (2) besides being incomprehensible, that new definition of "interior design" is utterly unrecognizable to anyone in the industry.  As Brad Powell put it in an article in the February edition of Office Insight Magazine (which ASID ballyhooed to its members in a recent email):

 

"'Oh, nooo!'  I hear many say.  'The Florida court's interpretation of interior design does not make any sense, and certainly does not correctly characterize the interior design profession.'  This objection is most certainly correct." 

 

Amen.

 

The Board's prosecuting attorney David Minacci was even more succinct.  As he said in an email to IDAF president Janice Young one week after the ruling came down:

 

"I think things are more confusing after this opinion than before."

 

Amen again.

 

And Board Chair Joyce Shore's reaction when she was told that the Institute for Justice had appealed Judge Hinkle's decision? 

 

"I am terribly disappointed but I am not surprised."

 

Again, does that sound like victory?  As usual, the cartel's rhetoric is totally at odds with the facts. 

 

So stay tuned, more of the cartel's dirty laundry will be cleaned. 

March 2010

The Freedom Movement needs YOUR help!

Copied below is an excerpt of a message received from Florida cartel member, Jan Merle.  Merle admits what we've been trying to tell the design community all along, i.e. that ASID and their minions have a patient, long-term agenda to REGULATE YOU OUT OF BUSINESS.  And he is referring to the NATIONAL effort, not just Florida. 

 Merle writes:

"IDPC, you and your free-of-charge, politically motivated libertarian legal team won the little battle.  However, as a dedicated, longtime member of the interior design profession (or "Cartel", as IDPC seems to prefer) I choose to take the long view:

 

Precisely 100 years ago, the architectural profession in the United States was going through the very same controversial, agonizing, state-by-state licensure process that interior designers are now undergoing. It created quite a stir in California in 1907 when, apparently for the first time, an architect was prosecuted for practicing architecture without a license!

 

I find it ironic that some of the very same chapters of the American Institute of Architects (with less than 800 members nationally at the time!) who so vociferously fight licensure of interior designers today were the very folks to eagerly promote licensure of their own profession then. Of course, the fact that a large part of San Francisco had recently burned to the ground likely had much to do with the push for architectural licensure then.

 

Even so, the publishers of the "American Architect" magazine (which later became "Architectural Record") were comparable to the IDPC and Institute for Justice of 1907. They decried the financially-motivated, exclusionist and entirely unjustified evil of such a "trade-union" tactic as to subject the lofty architect to mere government oversight of any kind.

 

We now know the end result of that story, and, given sufficient time it will be the same for the profession of interior design -- constitutionally protected professional licensure in every state -- regardless of what the short-sighted naysayers of this era and their 100 years-too-late anti-government-regulation-at-all-costs lawyers think or do."

 

Jan Merle, ASID, Florida Registered Interior Designer ID0000085.   Boca Raton, FL

February 2010

On February 4th, Judge Hinkle ruled on the legal challenge to Florida's interior design law, brought by the Institute for Justice.

 

Click here to read details.

January 2010

Dear IDPC members, supporters, and sponsors,

 

The last few months of progress in Florida have been very exciting for our Freedom Movement!  Take a look below at our efforts and victories, and stay tuned - there's more to come in 2010!

 

• IDAF LOBBY DAY.  The Interior Design Associations Foundation and various interior design faculty members have been sending desperate emails in an attempt to rally students to their January 12th lobby day by manipulating and intimidating them with false statements.  IDPC is countering that rhetoric with actual facts and providing students with truthful information about their (bright) future when Florida's unconstitutional interior design law is struck down in court, as we fully expect it to be.  Click here to read our alert to Florida students: http://idpcinfo.wordpress.com/2010/01/06/idaf-employs-scare-tactics-to-defend-bogus-interior-design-licensing-law/

 

• STUDENT COERCION EXPOSED.  Two professors at Florida State University sent a letter addressed to Florida students and educators with lots of false information about IDPC and the Freedom Movement.  As usual, IDPC rebutted their misinformation with facts and requested a retraction:  (http://www.idpcinfo.org/FSU_Wiedegreen___Butler.pdf).  The FSU professors reluctantly issued a retraction, but then offered up yet another plate of misinformation, which of course IDPC rebutted in full:  (http://www.idpcinfo.org/IDPC_Response_to_FSU_010510.pdf).  

 

• HEALTH, SAFETY AND WELFARE.  When recently questioned under oath, during the lawsuit challenging Florida's interior design licensing law, not a single proponent of the law could cite any benefits to consumers or harm that had occurred from unlicensed interior design (which is the norm in this country, since 47 states do not regulate the practice of interior design in any way).  Click here to read a summary of their admissions: http://idpcinfo.wordpress.com/2010/01/06/patti-morrow-idpc-no-hsw-florida-interior-design/.

 

• EARLY JUDGMENT.  On December 12, 2009, the Institute for Justice filed a Motion for Summary Judgment in their legal challenge to the interior design law.  This document argues that there are no significant facts in dispute and that Florida's interior design law should be struck down because it violates the First Amendment free speech rights of nonlicensees and imposes unreasonable burdens on interstate commerce.  A decision is expected in late January, and if the judge grants the motion there will be no trial.  If the judge denies the motion (and the State Board's cross-motion for summary judgment), then there will be a trial sometime in early February.  IDPC will keep you advised.  Click here to read Motion for Summary Judgment: http://www.ij.org/images/pdf_folder/economic_liberty/fl_interior_design/plaintiffs_motion_summary_judgment.pdf

 

• TRIAL.  Should the judge decide to move forward with a trial, we've been given a window of sometime between February 1st and 12th.  We will keep you posted.

 

• IDAF REMOVED.  Reacting to information provided by IDPC, the Department of Business & Professional Regulation no longer recognizes IDAF as a public resource for information about interior design and has removed the IDAF link from DBPR Board of Architecture and Interior Design web page.  Click here to read IDPC request to DBPR: http://www.idpcinfo.org/DBPR_re_IDAF_website.pdf

 

• BOGUS COMPLAINT.  The law firm prosecuting alleged interior design violations has sent disciplinary letters to Staples, OfficeMax and Office Depot for doing business in Florida exactly the same way they do business in every other state.  What is incredible is that they designated Institute for Justice attorney Clark Neily as the complainant, even though all he did was point out to the Board that it was going after smaller mom-and-pop office supply dealers and asked why it had not gone after the big ones as well. This is just one more example of how proponents of interior design regulation show little regard for the truth and consistently refuse to take responsibility for their own actions.  We have brought this matter to the attention of the DBPR and will keep you posted.

Note:  If you are interested in reviewing all of our 2009 Florida victories, please click here.

 

IDPC is the only national organization exclusively dedicated to protecting the rights and livelihoods of all who practice interior design.  THANK YOU for your support which has made our work possible - and as you can see above, highly successful.  We look forward to working on your behalf in 2010!  Look for our next newsletter with updates on all states we're working in or tracking.

November 2009

Florida IDPC supporters,

 

According to a November 2nd email circulated by licensing advocates, the Florida Board of Architecture and Interior Design has passed a new rule pertaining to residential designers.  Rule 61G1-11.013(5) states: 

"Residential interior design", "Residential interior designer", "residential space planning" or "residential space planner" are terms that may be used to describe interior design services or interior decorating services for a residential application, as set forth in section 481.229 (6) (a) F. S. without violating section 481.223 (1)(c). F.S.

We believe that one of the purposes for this new rule is to use it as an intimidation technique to immediately stop you from using the term "interior designer" to describe yourself or your services.

 

Please be advise that this new rule in NO WAY impacts Judge Robert Hinkle's August 7th order for preliminary injunction, which grants that:

 

all designers are free to use the title "INTERIOR DESIGNER"

 

until the issue is settle at trial.  At that time, the title matter will be permanently resolved. 

 

We also believe that the new rule is intended as a strategic and plainly disingenuous attempt to defeat the legal claim that the title act is unconstitutionally vague, open-ended, and censors people by forbidding them from using terms that accurately describe what they do. But agency regulations cannot change the language of the law, especially when they are obviously an ad hoc attempt to correct glaring constitutional problems caused by sloppy legislative (or, as in this case, special interest) drafting. 

A trial date for Locke vs. Shore, Civil Action 4:09cv193-RH/WCS, brought by the Institute for Justice on behalf of its plaintiffs is set for February, 2010.  More information on this matter will be forthcoming to IDPC members in the near future.

October 2009

 Florida interior design licensing cartel suffers another loss

Tallahassee, FL - As of October 2, 2009,the Florida Department of Business and Professional Regulation will no longer acknowledge the Interior Design Foundations Association as a resource on the DBPR Board of Architecture and Interior Design web page.
 
     Last month, the Interior Design Protection Council (IDPC) contacted the Florida Department of Business and Professional Regulation (DBPR) concerning an inappropriate link on their website, requesting removal.  "The IDAF website contains a plethora of statements about interior design regulation that are false, misleading, and so nakedly partisan that we believe it is inappropriate for a state government website to link to it," said Patti Morrow, executive director of the IDPC.  "It certainly violates many of the provisions set forth in the DBPR Internet Policy of November 30, 2008."
 
     Among other inaccuracies, the IDAF website reports that attempts are being made by the IDPC to endanger the lives of millions of home owners and consumers as they attempt to roll-back safety codes enacted to protect consumers, and that over 500 individuals are reported each year due to their lack of protection for consumers or due to their possible endangering of the lives of millions. 
 
     "Ludicrous, irresponsible and inflammatory," retorted Morrow.  "The IDPC has not endangered a single person in Florida or any other state, nor are we seeking to rescind any safety codes.  It is notable that IDAF provides no documentation to support their accusations."  More than 600 disciplinary actions have been brought against the design community in the last five years by the Smith, Thompson firm on behalf of the State Board, but not a single individual was prosecuted for having endangered or otherwise harmed a consumer.  "The vast majority of enforcement actions involved people using the term "interior designer" without a license - something the Board has since acknowledged it has no legitimate authority to regulate, at least in the residential field," added Morrow.
 
     "Our web policy is for dissemination of information that furthers the Agency goals to license efficiently and regulate fairly," said Charlie Liem, Chief of Staff of the DBPR.  "We do not want our Agency's website to be used as a vehicle for organizations to further their political gains."
 
     In addition, all links to the American Society of Interior Designers' webpage were removed, also requested by the IDPC.
 
     This change in the DBPR website follows on the heels of another issue exposed by the IDPC earlier this year.  That investigation revealed that Juanita Chastain, executive director of the Board of Architecture and Interior Design is married to Dwight Chastain, investigator for the Smith, Thompson prosecuting firm - raising a potential conflict of interest.  Subsequent to IDPC's inquiry, Mrs. Chastain was "reassigned" to another department, and Mr. Chastain has resigned as investigator. 
 
     "We appreciate the high ethics of the DBPR and the conscientious way in which they strive to improve their agency," acknowledged Morrow.

 
# # #

Click here to read IDPC letter to the DBPR outlining inaccurate information in the IDAF website.

August 2009

 

Federal District Judge Robert L. Hinkle has entered a preliminary injunction order ordering Florida's State Board of Architecture and Interior Design (BOAID) to STOP enforcing the title provisions of Florida's interior design law - a law that censored interior designers from truthfully describing themselves or marketing their services without a government-sanctioned license.  That ruling will stay in effect pending final resolution of a lawsuit challenging all aspects of Florida's interior design law.   
 
In a nutshell:

• Anyone who is lawfully performing residential interior design services in Florida may now use the terms "interior designer," "interior design," "space planning," etc. to describe themselves and their work.  There is no requirement to preface those terms with the word "residential."
• While the order is in effect, the BOAID may not proceed with any enforcement actions that have already been initiated or proceed with new enforcements until the case is decided at trial.
• This is not a repeal of the law...yet.   It is possible (though highly improbable) that the order could be withdrawn by the judge at a later date. 
• The order does not affect the practice-related restrictions of Florida's interior design law, which means that non-licensees are still limited to performing residential interior design services only. 

As we have previously reported, of the three states that regulate the practice of interior design, Florida has the most restrictive and ruthlessly enforced interior design law in the country, regulating not only the practice of interior design, but a title restriction as well.
 
Along with the free-speech challenge to Florida's title restriction, the Institute for Justice is seeking to have the court strike down the limitations on designers' constitutional rights to occupational freedom, i.e. the right to practice commercial interior design without having to obtain a state-sanctioned license.
 
This is an exciting and important step towards liberating the Florida design community from under the thumb of Florida's unnecessary and anti-competitive licensing scheme.

 

Click here to read the preliminary injunction.

 

 

 

 May 25, 2009

THE INSTITUTE FOR JUSTICE

is taking on

THE FLORIDA INTERIOR DESIGN CARTEL!

 

This could be the most important event in the future of interior design.  Come and be a part of history in the making!  Attend the press conference and RALLY. . .

 

Design Community:  Click here for FLYER with rally date, time and details

 

Media:  Click here for PRESS RELEASE

 

Blog:  Click here to COMMENT

 

Colleagues, please join the fight for our rights and freedom to design.

 

With your help, we CAN resist or repeal legislation that restricts your practice or right to call yourself "interior designer"  in every state -- including YOURS.  You can help by joining our team!

 
If you have any questions, please feel free to contact us at info@IDPCinfo.org.  

 

 

Please download and print copies of the flyer and post them EVERYWHERE!

-- especially in showrooms and vendor locations --

 

 

 

April 1 2009

BREAK OUT OF YOUR REVERIE!  

 

On Wednesday, April 1st, SB 842, at 4:00 p.m., a bill to amend the interior design practice act will be heard by the Senate Committee for Regulated Industries.

 

We need your help to SUPPORT this bill!  This bill would amend the practice act so that office furniture and restaurant equipment dealers will be able to continue to legally practice their trade as they have been for decades without jeopardy to the public 

 

Even though this bill does not directly help interior designers, it is a step in the right direction, and IDAF/ASID-FL are up in arms.  They showed up in large force at the last hearing and provided very misleading and sometimes blatantly incorrect information.  Our colleagues in the office furniture and restaurant equipment industries have been supporting our effort to deregulate Florida's anti-competitive practice act, and it's time to return the favor.

 

Please contact the members of the Committee and voice your strong support of SB 842, as well as take the opportunity to ask the Committee to support our deregulation effort.

 

This will only take a few minutes of your time.  Click here for a sample letter, complete with the email addresses so that you can just cut-and-paste it and send it as one email.  Please be sure to also include all the names in the CC section, as it is important for these people to track our progress.  If you have the time and want to personalize it or do one of your own, all the better.

 

It is important that these letters are sent out before April 1st.

  

If possible, please attend the hearing at 4:00 p.m. in Rm. 110-S (First Floor of the Senate Office Building) in Tallahassee.  Please contact info@idpcinfo.org if you would like to coordinate with others who are going to the hearing.
 

Don't believe FS 481 could hurt you next?  Click here to read over 600 cases involving  approx. 25 professions that have been the victims.

 

 

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Members of the Florida design community:March 2009

 

Governor Crist has indicated that he is interested in deregulating professions that have been faltering under the burden of excessive and redundant governmental regulation which is stifling Floridians' ability to earn a living, as well as hindering growth of the state's economy.  Senator Don Gaetz, Chair of the Senate Select Committee on Florida's Economy, has also expressed a keen interest in deregulation, particularly of interior design.

Both the Governor's office and Senator Gaetz are seeking real life examples of how the current anti-consumer, anti-competitive practice law has negatively impacted your ability to market yourself and/or how it has restricted you from practicing to the full scope of your abilities and caused you to turn down business that you would otherwise be able to perform.

 

This is the opportunity we'd hoped for!

 

You can change the future of interior design in Florida

and be a part of this exciting historical opportunity!

 

Please compose a letter detailing how this law has hurt you over the years.  Be specific -- list:

• Examples of jobs you have had to turn down, like small offices, common areas of condos, community centers, hotel foyers, etc.
• How not being able to accurately describe what you do or market yourself in the yellow pages, website or search engines, advertisements, has cost you business because potential clients cannot find you
• How not being able to fully practice is making you less competitive
• Names of individuals or organizations that have recently emailed or telephoned you to do commercial work, but that you had to turn down
• List examples of any and all disciplinary actions inflicted on you by the prosecuting attorney, detailing exactly why you were cited
• List any fines you had to pay
• List any attorneys fees or legal bills associated with defending or answering disciplinary charges
• List any costs associated with being forced to come into compliance
• State if you had to sign an affidavit to avoid fines, basically signing away your right to ever practice interior design or call yourself an interior designer and how that has hurt your ability to earn a living
• List any particularly egregious charges, such as being disciplined for "referring to yourself as interior designer on a bookmark" or "listing yourself as interior designer on your application for licensure," etc.
• If you live in another state, but are prohibited from working in Florida and contributing to the Florida economy through the products you would purchase and people you would hire to complete your projects, you should also write to the Governor and Senator.

Please email all letters to me at pmorrow@IDPCinfo.org by Thursday, March 5th. You may sign them or remain anonymous using just your first name, initials, or pseudonym if you prefer privacy.  Keep them to one page, and attach as a word document, if possible.

I will collect all the letters, fax them with a cover letter to the Governor and Senator Gaetz, and follow up with a phone call on behalf of the interior design community.  I understand that at least one other group is doing this as well.

 

It is important that the Governor and Senator understand the we are a LARGE, organized group and that WE represent the majority voice of the design community.  They've already heard from ASID/IDAF... NOW IT'S OUR TURN!

 

LET'S MAKE OUR VOICE LOUDER THAN THEIRS!  Let's shout it from the coast to coast,

 

"Florida's interior design practice act is unjust,

 unconstitutional, and unnecessary

 and needs to be undone!"