07-25-19 - BOARD BOOK

Steven B. Lesser Shareholder & Board Certified in Construction Lawyer Phone: (954) 985-4137 Fax: (954) 985-4176 slesser@beckerlawyers.com Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301

July 8, 2019

VIA E-MAIL annejeff@aol.com Frenchman’s Creek, Inc. Attn: Jeffrey Stanfield 13495 Tournament Drive Palm Beach Gardens, FL 33410 Re: Frenchman’s Creek Inc: Interior Decorating Services Our File No. F10883-313559 Dear Mr. Stanfield: This correspondence details whether a non-Florida licensed firm may offer interior decorating services for a commercial building. Florida Statutes distinguish between the duties associated with interior decorating and interior design. These duties are viewed as separate and distinct activities. Interior decorating services “includes the selection or assistance in selection of surface materials, window treatments, wallcoverings, paint, floor coverings, surface-mounted lighting, surface- mounted fixtures, and loose furnishings not subject to regulation under applicable building codes.” Fla. Stat. § 481.203(15). In contrast, interior design services consist of “nonstructural elements within and surrounding interior spaces of buildings.” Fla. Stat. § 481.203(8). However, the terms interior decorating and interior design are sometimes used interchangeably and creates confusion. Unlike interior design, Florida does not have a state licensing requirement for interior decorating services. Fla. Stat. § 481.209(2) (licensure examination for interior designer applicants); see Fla. Stat. § 481.213(2); Interior Design, http://www.myfloridalicense.com/dbpr/services-requiring-a- dbpr-license/ . However, when certain criteria are met, Florida has a statute which offers exemptions from licensure for interior designers. Specifically it states that the licensing requirement does not apply to “[a] person who performs interior design services or interior decorator services for any residential application.” Fla. Stat. § 481.229(6)(a). Similarly, the agency charged with licensing and regulating businesses in the state of Florida, the Department of Business and Professional Regulation (“DBPR”) offers a section on its website titled “What Services Require a DBPR License”. Interior Design, http://www.myfloridalicense.com/dbpr/services-requiring-a-dbpr-license/ . Under interior design

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