How Florida Regulates the Practice of Interior Design: Here’s What You Need to Know

Aug 30

Interior designers in Florida are regulated by Chapter 481, of the Florida Statues and Rule 61G1, of the Florida Administrative Code. These laws describe some special requirements for interior design professionals based, or practicing, in Florida.

If you’re an interior designer in Florida, read ahead to learn what you need to know about Florida’s licensing, disclosure and lien requirements.

Room Highlighting Florida Interior Design

How does Florida legally define the practice of “Interior Design?”

Florida Statutes, Section 481.203(10), defines “interior design” as:

designs, consultations, studies, drawings, specifications, and administration of design construction contracts relating to nonstructural interior elements of a building or structure
this includes, but is not limited to, reflected ceiling plans, space planning, furnishings, and the fabrication of nonstructural elements within and surrounding interior spaces of buildings
the design of or the responsibility for architectural and engineering work, except for specification of fixtures and their location within interior spaces, are specifically excluded.

In other words, the terms “interior design” in Florida are limited to designing interior elements that do not require structural bracing and which do no not involve load-bearing walls, load-bearing columns, or other load-bearing elements of a building or structure that are essential to the structural integrity of the building.

Do I Need a License to Practice Interior Design in Florida?

No. Any Interior Designer can plan, design, and furnish interiors of residential, commercial, or industrial buildings, and can specialize in a particular field, style, or phase of interior design. See 481.213(8).

However, in order to sign and seal interior design documents for permitting purposes, a designer must first apply to become a “Registered Interior Designer” with the Florida’s Department of Business and Professional Regulation (DBRP), and obtain a seal. See 481.221, F.S.

Historical Note: Florida’s lax licensing rules weren’t always so. In 2020, a law was passed that deregulated interior designers by replacing more stringent licensing requirements with a mere “registration” for certain local permitting activities. Prior to this push to deregulate, interior designers practicing commercial/non-residential interior design were required to obtain a license. In fact, practicing interior design in commercial settings in Florida without a license constituted a misdemeanor, punishable by up to one year in jail. See Locke v. Shore, 634 F.3d 1185, 1188 (11th Cir. 2011)

How Can I Qualify to Become a Registered Interior Designer?

To become a Registered Interior Designer, designers must meet a few requirements:

successfully pass the qualification examination prescribed by the Council for Interior Design Qualification (CIDQ) (Florida licensed architects are exempt)
apply to be registered with the DBPR and pay the $30 filing fee
renew your registration on February 28th of every odd-numbered year
fulfill at least 20 hours of continuing education approved by the DBPR completed within the preceding 2 years
display of your registration number required in all advertising

Note that, Designers cannot use the name “Registered Interior Designer” or “RID” unless they have obtained a certificate of registration issued by the DBPR. 481.223(1)(b), F.S.

Documentation Requirements for Registered Interior Designers practicing in Florida:

If you are signing and sealing interior design documents for permitting purposes, the following requirements and conditions apply:

Documents must include a statement that the document “is not an architectural or engineering study, drawing, specification, or design and is not to be used for construction of any load-bearing columns, load-bearing framing or walls of structures, or issuance of any building permit, except as otherwise provided by law.” 481.2131(1), F.S.
The interior designer who signs and seals the interior design drawings, plans, or specifications is liable for the professional services performed. 481.219(7). F.S.
Interior designers cannot affix their seal or signature to any plan, specification, drawing, or other document for work that they are not competent to perform. 481.221(7), F.S.
Studies, drawings, specifications, and other related documents must be “of a sufficiently high standard to clearly and accurately indicate all essential parts of the work to which they refer.” 481.221(9), F.S.

Additionally, to avoid personal liability, Registered Interior Designers should include the following language in their contracts: PURSUANT TO 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF DESIGNER MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.

Kickbacks from Suppliers Are Not Allowed

Like several other states, Florida regulates the practice of using commissions and trade kickbacks as a method of payment for interior design services.

Specifically, Section 481.2131(2), F.S., states:

An interior designer shall, before entering into a contract, verbal or written, clearly determine the scope and nature of the project and the method or methods of compensation. The interior designer may offer professional services to the client as a consultant, specifier, or supplier on the basis of a fee, percentage, or markup. The interior designer shall have the responsibility of fully disclosing to the client the manner in which all compensation is to be paid. Unless the client knows and agrees, the interior designer shall not accept any form of compensation from a supplier of goods and services in cash or in kind.*

Put plainly, interior designers in Florida should be upfront with their clients about how they intend to be compensated for the interior design project, including disclosing all markups and commissions earned from the sale of recommended products.

*This section does not apply to interior decorators and designers providing services for residential application. See Fla. Stat. 481.229(6)(a).

Lien Rights for Interior Designers

Florida law also gives interior designer the rights to file a claim of lien against their client’s property for fees owed. Florida’s Statutes, Section 713.03 entitled “Liens for professional services,” provides that:

interior designers have a lien on real property for the amount of money owing to them for the services used to improve the property or in supervising any portion of the work of improving the property, when the designer is working under a contract or a direct contract,
if the designer is working under a direct contract, they are entitled to a lien for money owed to them for their services, regardless of whether the property was actually improved,
in order to preserve and enforce the lien, interior designers must record a claim of lien with the County Recorder’s Office.

There are additional requirements that must be met in order to secure these lien rights, including:

recording a claim of lien within 90 days after final furnishing of professional services;
provide the property owner a copy of the lien
unlike other subcontractors and suppliers, interior designers do not need to serve a Notice to Owner within 45 days of initial work
after the lien is filed, a lawsuit is generally required to enforce the lien

Florida’s lien laws are complicated and require strict adherence to statutory procedures. If you think you might be entitled to enforce a lien against your client’s property, you should speak to an attorney to ensure you’re properly, and timely, recording your claim of lien.

Final Thoughts

We hope this article has been helpful in clarifying some of the legal aspects of the practice of interior design in the state of Florida.

If there’s an area of law you’ve got questions about, the ID Law Shop might be able to help. Feel free to explore the free resources available on our site or contact us with your questions!

This article is provided for general informational purposes and should not be construed as legal advice nor as a solicitation of, or advertisement for, legal services. Legal advice is specific to each situation and if you have a legal issue, you should consult a qualified attorney licensed to practice in your state. No actual or implied attorney-client relationship is created by virtue of this article or by your purchase of any templates from the ID Law Shop.

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Erica Canas

Erica is the founder and owner of the ID Law Shop, a specialized resource for interior designers to protect their businesses and simplify their legal processes. As an attorney, she understand the importance of having legal protections in place when running an interior design business and has leveraged her expertise to develop customizable legal templates, including client contracts, personnel agreements, intellectual property protection agreements and more, all tailored specifically to the needs of interior designers.

Prior to launching the ID Law Shop, Erica worked as an intellectual property, transactional and marketing law attorney. In her 16+ year practice, she has counseled architects, interior designers, landscape architects, individuals, marketing agencies, and related businesses on a wide range of legal issues including copyright, trademark, licensing, content protection, brand protection, service agreement drafting and negotiation, employee matters, freelancer contracts, social media issues, advertising compliance, and direct marketing regulations.

Erica's background also involves commercial litigation in both federal and state court matters where she successfully represented clients in a wide array of other industries, including commercial development, entertainment and the visual artists.

Erica earned her J.D. degree from Florida International University College of Law, where she was a member of the Board of Advocates and served as the President of the Human Rights and Environmental Law Society. She earned her B.A., cum laude, in International Relations with a minor in Psychology from Florida International University.

https://www.linkedin.com/in/ericacanas/