February 16, 2010

TO: Chapter Presidents, Chapter Board Members At-Large, Chapter Administrators

FROM: Bruce Goff, ASID and Rose Botti-Salitsky, ASID, LCAC Co-Chairs

RE: Florida Interior Design Lawsuit: Locke v. Shore

We want to inform you of the decision that was rendered by the US District Court for the

Northern District of Florida on February 4, 2010 in the Locke v. Shore court case. In

summary, the Florida interior design statute was upheld and found constitutional, while

the current restriction on the title ‘interior designer’ was found unconstitutional. This will

now allow for anyone in the state of Florida to call themselves an interior designer.

Below is additional information on the lawsuit in a question and answer format and

attached is the ASID legislative policy. The LCAC member assigned to your chapter will be

in touch with you in early March to discuss how this decision may impact your state and

further discuss any questions or concerns you may have. If you have any questions

regarding the Florida interior design statute, please feel free to contact the Government

and Public Affairs staff at (202) 546-3480 or gpa@asid.org.

Florida Lawsuit/Decision FAQ

1)  What was the court’s decision?

The February 4 ruling by the federal district court for the Northern District of Florida on

the court case Locke vs. Shore:

• Maintains the Florida law requiring licensure of the practice of non-residential interior design.
  This means that individuals wishing to practice code-affecting commercial or
  non-residential interior design will still need to be licensed.
• Finds the restriction on the title ‘interior designer’ unconstitutional. This means that
  it is now legal for anyone to call themselves an interior designer in the state of Florida.

2)  How does this affect the Florida interior design law and Florida interior

     designers?

The decision allows the term “interior designer” to be used by anyone performing work for

any project type, and the words “interior design” to describe the work performed for any

type of project, residential or otherwise.

Without the restrictions on the title “interior designer,” the Florida law reduces the

regulatory burden by allowing registered interior designers to provide commercial interior

design services independently and without being supervised by an architect. Florida laws

continue to allow licensed interior designers to prepare construction documents within the

scope of interior design practice defined by the Florida statutes, and to submit signed and

sealed documents as needed for review by building officials for permits. It remains

extremely important to review the Florida Building Code to understand the selections and

services permitted within nonresidential spaces.

Interior designers licensed by the State of Florida should immediately utilize for all

correspondence, websites, advertising, and all other applications the designation “Florida

Registered Interior Designer” followed by your license number. For example, use Florida

(or FL) Registered Interior Designer #0000. This designation can only be used by persons

currently licensed by the state for the practice of interior design, as designated by the

Florida Statutes.

3) Does this mean that anyone in Florida can use the title “Interior Designer”?

Yes this decision means that anyone in Florida may use the terms “interior design” and/or

“interior designer” to describe themselves and their work. This is in line with ASID’s

recently clarified legislative policy that ASID does not support legislation that limits,

restricts or prevents anyone from using the title “interior design” or “interior designer.”

4) Why did the Institute for Justice target Florida’s interior design law?

The Institute for Justice (IJ), who filed this lawsuit, has brought several lawsuits against

states that legally recognize the interior design profession, as they are against regulation
of any kind. The Florida lawsuit was different from previous lawsuits in that it attacked the

state’s entire interior design law in addition to the restrictions on the use of the title

“interior designer.”

5) What is ASID going to do about this decision (i.e. do we have an official response)?

This court decision will bring the Florida interior design statute into compliance with

ASID’s legislative policy. ASID remains committed to supporting legislation that allows

interior designers to practice to the fullest extent of their abilities, and we are working

with the coalition to ensure that the interior design law in Florida continues to open

opportunities for designers.

6) What are the next steps?

Now that the court’s decision is rendered, the Institute for Justice and the Plaintiffs in the

case may appeal the district court’s decision until March 8, 2010, the deadline for filing an

appeal. We will keep the chapters and our members updated on all developments.

Please also see the full text of the ASID legislative policy, below.

ASID Legislative Policy (Rev. 1/2009)

ARTICLE  III. REGISTRATION, LICENSING, LEGISLATIVE ACTION

Section 1 – Registration, Licensing, Legislative Action

1.  ASID supports the pursuit of legal recognition of the profession of interior design.

In doing so, ASID believes accomplishing legal recognition is best achieved through

 the enactment of legislation that:

a. Does not limit, restrict or prevent the practice of interior design;

b. Does not limit, restrict or prevent anyone from using the title “interior design”

or “interior designer;”

c. Allows state-qualified interior designers to (a) use the title “registered,” “certified” or

“licensed” interior designer and (b) perform such additional services related to the practice

of interior design as applicable governing jurisdictions deem appropriate for state-qualified

interior designers to perform. (amended 1/09)

2.  ASID supports the National Council for Interior Design Qualifications (NCIDQ)

as the body whose professional exam tests minimum competency for state qualified

interior designers. (amended 1/09)