December 2009

In This Issue:

• Message From The Interim Secretary
• Message From The Chair
• Message From The Executive Director
• New Reporting Requirement for Criminal Convictions
• Filing a Complaint with the Board of Architecture and
  Interior Design
• New License Application Center
• eNewsroom

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Message From The Interim Secretary, Charlie Liem

I was honored to be chosen by Governor Charlie Crist to serve as the Interim Secretary of the Department of Business and Professional Regulation.  For those of you who may be wondering what’s next, I’d like to make a simple point: the agency is not about who is Secretary, it is about the people who work here, and the mission the Governor and the Legislature have assigned us.

With the 2010 Legislative Session nearing, it is important that we maintain the same momentum we built over the past several years to remove unnecessary burdens and streamline processes.  Input from you, our licensees, often provides the most enlightening insight into what changes may need to be made.  Over the next several months, I look forward to developing bills that will enhance Florida’s business environment and make a direct impact on how we serve you. 

I’m grateful for the opportunity to shift from the Chief of Staff to Interim Secretary, and I look forward to continuing to make enhancements to better protect the public and support Florida’s economy. 

Sincerely,

Charlie Liem
Interim Secretary

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Message From The Chair
Joyce Shore, Interior Designer

The holidays are rapidly approaching and your Board of Architecture & Interior Design (BOAID) and staff would like to wish you Happy Holidays and the best of the New Year. Your BOAID staff works very hard throughout the year to answer your questions and process your applications. We are fortunate to have such a dedicated staff. If you have questions or concerns, please do not hesitate to contact them at 850.487.1395 for assistance.

The National Council for Interior Design Qualification (NCIDQ) is introducing a new exam in April of 2010. There are two multiple choice sections (half–day each) and one practicum section (one full day). You must successfully pass all three sections to complete the exam. The new NCIDQ exam costs have increased. If you take all three sections during the same administration, it will cost $835.00, and if the sections are taken at different times, the total cost will be $885.00. If you require more information, please go to www.ncidq.org.

The Architecture Registration Examination (ARE) exam costs have also risen to $210.00 for each division. The ARE exam was completely updated in 2009.  For complete information go to www.ncarb.org.

In recent BOAID meetings we have had several cases where office managers or staff of an architecture or interior design firm have paid for only their personal or corporation licenses without realizing that two fees were necessary if they held both licenses. These individuals had completed all of the required Continuing Education Units (CEU’s) and were unaware that they were not in compliance.  Please check and be sure that you are up-to-date with all of your credentials. In order for a business to offer architectural or commercial interior design services, the business must have a Florida licensed qualifier, commonly known as a principal officer. Both the business and individual licenses must be maintained.

Joyce Shore, Chair
Board of Architecture and Interior Design

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Message from the Executive Director
Anthony B. Spivey

Accelerate Florida

In August of 2008, Governor Charlie Crist announced Accelerate Florida, his initiative to reduce or eliminate unnecessary regulation and to streamline licensing processes. To support the Governor’s initiative, the department reviewed its processes to determine where it could improve customer service and reduce regulatory barriers. The department submitted legislative proposals that became House Bill 425, which Governor Crist signed into law on June 16, 2009. HB 425 reduces regulatory requirements in order to assist individuals who are licensed or apply for licensure with the department. Its highlights include the following:

• Removes notarization requirements for all applications and renewals in order to facilitate electronic submittals. Applicants can now sign an attestation statement regarding the accuracy of their submissions;
• Eliminates the practical examination for barbers and restricted barbers, because practical theory is now included within the written examination;
• Eliminates the requirement for a qualified business license for construction companies, because companies must already have a licensed qualifying agent who is responsible for the company’s actions;
• Removes the requirement that applicants for registered contractor licenses provide a copy of a local occupational license, because most local jurisdictions require proof of a state contractor’s license before they will issue an occupational licenses;
• Eliminates requirements for building code administrator applicants and licensees in construction-related professions to complete a core curriculum course on Florida Building Code training approved by the Florida Building Commission, because the statewide Florida Building Code has been in effect since March 1, 2002;
• Removes the requirement for Certified Public Accountants to complete the Florida Laws & Rules Examination for license renewal and reactivation of an inactive license, because the Florida Laws & Rules requirement is fulfilled by the continuing education process;
• Clarifies statutes to exclude attorneys practicing as a licensed real estate broker or agent from continuing education requirements under Chapter 475, Florida Statutes, if they are members in good standing of the Florida Bar;
• Provides for greater consumer protection for clients who utilize talent agency services under part VII, Chapter 468, Florida Statutes; and
• Authorizes the Florida State Boxing Commission to adopt criteria for approval of certain amateur sanctioning organizations and to adopt health and safety standards for amateur mixed martial arts.

The department also implemented improvements that did not require legislative changes. A complete list of Accelerate Florida improvements is available on our Web site at www.MyFloridaLicense.com by clicking on “Accelerate Florida.”

New Reporting Requirement for Criminal Convictions

During the 2009 Legislative Session, the Florida Legislature passed House Bill 425, which became law on October 1, 2009. Beginning October 1, 2009, House Bill 425 requires all professional licensees to report to the department within 30 days of being convicted or found guilty of, or having plead nolo contendere or guilty to a crime in any jurisdiction. A licensee who fails to report that information, may be subject to disciplinary action, including fines, suspension or license revocation. To report this information, complete the criminal self-reporting document and mail to the department as provided on the form. The document can be located by clicking on  http://www.myfloridalicense.com/dbpr/pro/documents/criminal_self-reporting_document.pdf. Upon completion of the form, please mail it to Smith, Thompson, Shaw, and Manuasa Law Firm, located at 3520 Thomsaville Road 4th Floor, Tallahassee, Florida 32309, attention Mr. David Minacci, Esquire.

Board of Architecture and Interior Design agrees to Preliminary Injunction Regarding Interior Design Services

Federal District Judge Robert L. Hinkle has entered an order approving an Agreed Motion for Preliminary Injunction between plaintiffs and the Board of Architecture and Interior Design in the case of Locke v. Shore in the United States District Court for the Northern District of Florida. Under the ruling, the board may not take disciplinary action against anyone who performs residential interior design services, or uses such terms to describe their services, without a Florida interior designer’s license. The board may not proceed with any enforcement actions that have already been initiated or proceed with new enforcements until the case is decided at trial.

Until Next Time,

Anthony B. Spivey, DBA
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. Cases against unlicensed individuals or businesses are public. 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