July 2009

In This Issue:

• Message From The Secretary
• Message From The Chair
• Message From The Executive Director
• Filing a Complaint
• New License Application Center
• eNewsroom

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Message From The Secretary

With this economic downturn, many of us find ourselves struggling to use existing resources more frugally and to cut costs wherever possible.  This renewed focus on fiscal responsibility is happening across the board—at state agencies, in Florida’s business and professional community and even in our own homes.  At DBPR, we are focusing on cutting costs through increased efficiency.

Recently, we have targeted areas where we can increase efficiency for the department and for our licensees.  I would like to share some examples of our efforts with you. 

• We have reduced the time required to process exam scores for CPAs by more than half.  The National Association of State Boards of Accountancy is now transmitting scores as frequently as eight times per exam window, which is a three-month period. DBPR will now be able to provide eligible applicants with licensure packages more quickly, in approximately 30 days.

• We have removed the requirement that applicants submit corporate documents.  Before this change, documents from the Department of State had to be submitted by the licensee. Now, DBPR mines the documents directly from the Department of State system, thus reducing deficiencies and processing licenses faster.

• We have implemented computer-based testing for Farm Labor.  The Farm Labor Contractor registration examination, previously administered through the pencil and paper, is now offered via computer at multiple sites throughout the state.

A few months ago I sent a letter to all of our board chairs asking them to be mindful of the current budget times and to help us look for ways to save our licensees money and increase efficiency.  Many of our boards and licensees have risen to this challenge. 

Recently, the chair of the Board of Veterinary Medicine, Dr. Bob O’Neil, suggested that the board decline their statutorily authorized $50 daily board compensation.  The board agreed, and I would like to commend them on their dedication to public service.  In addition, our licensees, the Biscayne Bay Pilots Association, withdrew their application for a rate increase citing the distressed state of the economy and the possible impact to fellow stakeholders at the Port of Miami. 

It is inspiring to see what we can accomplish when we join together with a common purpose.  As we work through these tough times, I am confident we will be able to weather the storm with the support of one another.  I will continue to keep you informed about what the department and our partners are doing to support you.  You can find more information about our efforts by visiting MyFloridaLicense.com/dbpr/Accelerate_Florida.  I look forward to sharing our successes with you.

Sincerely,

Charles W. Drago, Secretary

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Message From The Chair
Joyce Shore, Interior Designer

As the oft-quoted Greek philosopher, Heraclitus, once mused: the only constant is change. And on May 9, 2009, that was true for our board. 

Executive Director Juanita Chastain, who has worked with the Department of Business and Professional Regulation for 29 years and held a board office for more than 15 years, left us to take the Executive Director position on the Electrical Contractors’ Licensing Board.

Anthony “Tony” Spivey, who has been with the department for 14 years –– 10 of them as Executive Director of the Electrical Contractors’ Licensing Board –– moved to the Board of Architecture and Interior Design as Executive Director.

Prior to working for the department, Tony served in the U.S. Air Force for 21 years in the Financial Management career field, and retired as a Master Sergeant.

During his tenure with the military, he obtained a bachelor’s degree in Management from the University of Maryland, and a master’s degree in Counseling and Human Resource Development from Troy University.  

Tony recently was awarded his doctorate in Business Administration with a concentration in Management from Argosy University in Sarasota, Florida.  Tony brings a wealth of experience to his new position and will be a valuable resource to the BOAID staff.

Please join me in extending our sincere appreciation to Juanita for her years of service, and in welcoming Tony to the board.

Joyce Shore, Chair
Board of Architecture and Interior Design

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Message from the Executive Director
Anthony B. Spivey

NCIDQ Examination

There are new changes to the National Council for Interior Design Qualification (NCIDQ) examination. The NCIDQ has announced it will be launching two new multiple-choice exams in 2010. All candidates who have not previously passed both the current Section I (Principles and Administration) and section II (Construction Documents and Administration) must pass both sections by the end of 200 or they will have to pass each of the new sections in order to receive the NCIDQ Certificate and/or qualify for state licensure.

Please be sure to login to the NCIDQ website at http://www.ncidq.org/ to stay abreast of the new changes in procedure.

Synopsis of Declaratory Statement

During its January 8, 2009 meeting, the Board of Architecture and Interior Design responded to a request for a declaratory statement to determine whether a license issued under Part 1, Chapter 481, Florida Statutes, is required by individuals who sell furnishings at retail, or offer such furnishings for sale by retail establishments. The board determined that licensure pursuant to Part I, Chapter 481, F.S., is not required for the sale of furnishings. Furnishings are defined as furniture and other readily movable items of tangible personal property for residential or non-residential use, with or without the preparation of diagrams or drawings reflecting the placement of such items, except for manufactured partitions, manufactured panels or other manufactured spatial dividers that restrict the ingress, egress or life safety of persons.  The board’s response was filed with the department’s agency clerk on January 23, 2009.

New Changes to Chapter 481, Part 1, Florida Statutes

During the 2009 legislative session, the Florida Legislature approved House Bill 425, which eliminates the requirement for construction-related licensees, including architecs and interior designers, to complete the core curriculum course on Florida Building Code training approved by the Florida Building Commission. Additionally, the bill exempts manufacturers of commercial food service equipment who prepare designs, specifications, or layouts for the sale or installation of equipment from licensure as an architect or interior designer. These changes will become effective October 1, 2009.

Anthony B. Spivey, Executive Director
Board of Architecture and Interior Design

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Filing a Complaint with the Board of Architecture
and Interior Design

David K. Minacci, Prosecuting Attorney

The board’s disciplinary matters are outsourced by the department to the private law firm of Smith, Thompson, Shaw, & Manausa, P.A., under Section 455.32, Florida Statutes, Management Privatization Act.

Chapters 455 and 481 Florida Statutes govern complaints involving licensed and unlicensed architects and interior designers. Complaints can be filed anonymously; however, the board encourages the public to include a name and phone number for the Complainant in case additional information is required. This will also enable the Complainant to follow the process of the complaint because notice of each stage of the proceeding is provided to those Complainants that are known.

The complaint process begins with the filing of a complaint. Once our office receives the complaint, a determination of legal sufficiency is made. A complaint is only legally sufficient if the Complainant's allegations, taken as true, evidence a violation of Florida Statutes. A complaint that is determined not to be legally sufficient is closed. If the complaint is legally sufficient, the firm will begin an investigation. The investigation begins by notifying the subject of the complaint and getting his or her response to the allegations. Every investigation differs in length and may include subpoenaing records, taking sworn statements, requesting public records, or other means to gather evidence to prove the allegations contained in the complaint. However, please include any and all documentation supporting your complaint. The more documentation provided initially results in a more thorough and timely investigation.

Upon completion of the investigation the case is forwarded to the Probable Cause Panel. It should be noted that complaints against licensed individuals and businesses remain confidential until a finding of probable cause. If probable cause is not found, the case is closed and remains confidential if the allegations involve licensees. If probable cause is found, the prosecuting attorney will usually file an administrative complaint or issue a Notice and Order to Cease and Desist. There are other remedies available depending upon the facts of the case. Finally, the case is presented to the full board for a Final Order.

Complaints against licensed architects or interior designers or unlicensed individuals may be filed by printing the complaint form found at www.stslaw.com. Once the complaint form is completed, please mail it to the following address:

David K. Minacci
Smith, Thompson, Shaw & Manausa, P.A.
2075 Centre Pointe Blvd.
Tallahassee, FL 32308-4893

If you have any questions regarding this process or whether a particular situation rises to the level of a violation, please call our office at 850.402.1570.

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New License Application Center

In our continuing effort to provide better customer service, we have improved our web site home page and created a user-friendly application center. We hope that these changes will make it easier for you to do business with us. The new features are intended to make the Web site more user-friendly and provide simple ways for our customers to find licensing information and requirements through detailed descriptions and helpful checklists.

The changes to the Web site include: new application features with a full list of license types, a list of detailed license requirements before each application, separate entry points for applications and renewals, and a new page called "What Services Require a DBPR License," which is designed to assist consumers with determining what services require a DBPR license.

Visit us on MyFloridaLicense.com.

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eNewsroom

Check out DBPR's eNewsroom, your source for important Department news and information. Here, you can watch public service announcements, read news releases, and subscribe to and flip through our publications.

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Visit us on the Web at www.MyFloridaLicense.com