The NKBA, IJ, IDPC Full Court Press Defending Florida HB5005 Continues

The National Kitchen and Bath Association disagrees with The Post’s Saturday editorial “Issuing licenses to scam” and supports House Bill 5005 to deregulate interior designers and other professions and occupations in Florida. Overall, HB 5005 would eliminate bureaucratic red tape that makes it harder for small businesses to operate and would allow interior designers, among other professionals, to start and expand their businesses free of unnecessary government regulation.

Florida is one of only three states to require a license to practice commercial interior design. But HB 5005 would remove regulatory barriers to entry into the profession, such as stringent education requirements, mandatory internships and passage of a complex, expensive exam, which have a disproportionate impact on minorities and older workers who would like to make a career change to interior design.

The only opposition to deregulation comes from the interior design lobby, or cartel, asking government to maintain its lock on commercial design to decrease potential competition and increase prices. This cartel also claims that these licensing credentials are necessary to protect the public from incompetent interior designers. But more than half of Florida’s 2,560 state-licensed interior designers were grandfathered in, without having to demonstrate that they possess those credentials. And no law requires any of these “unqualified” interior designers to disclose their lack of the “necessary” credentials to potential customers.

Contrary to the opposition’s unfounded assertions, these regulations provide no protection to the public or benefit to the consumer. The state’s building codes and regulations already protect the public from harm, and licensing interior designers does not add any additional protection beyond what is in place.

Forty-seven states do not regulate the practice of interior design. These states report no problems of any kind as a result – no problems with public safety, no problems with interior designers performing their own work, and no problems with interior design degrees suddenly becoming “worthless” simply because there is no government-enforced monopoly on who may practice interior design.

EDWARD NAGORSKY

Hackettstown, N.J.

Editor’s note: Edward Nagorsky is general counsel and director of legislative affairs for the National Kitchen and Bath Association.

FROM: http://www.palmbeachpost.com/opinion/letters/letters-license-for-interior-designers-is-needless-red-1392088.html?cxtype=rss_letters

PROFESSIONALINTERIORDESIGNER rests assured knowing that Ed Nagorsky is looking out for our best interests. We owe him a debt of gratitude…..NOT!
If bureaucratic red tape is the issue maybe the problem is with the bureaucrats and politicians appointed to oversee them. There is nothing wrong with consumer protection. If you disagree I hear Mogadishu welcomes all who are tired of government oversight and protection and Benghazi is an entrepreneurs dream with tons of opportunity and an abject lack of red tape….a few bribes maybe but no onerous consumer protection issues.

P.S. Here is a good link to info on ID deregulation in HB5005 : http://noidinhb5005.wordpress.com/2011/03/29/welcome/

This comment on the above blog is worth posting here-

Randy Jones permalink

Now read the “Florida Antitrust Act of 1980″ here and see that the State of Florida is included in the definition of “person” who can be sued for creating a monopoly:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0542/0542ContentsIndex.html

Here’s what we need to do:
1) Stop raising the “health, safety and welfare” issue;

2) Stop talking about student loans;

3) Start referencing the statutes and codes listed above to PROVE to the politicians that this law will NOT allow decorators to do anything more than they can now and it, therefore, will NOT increase competition;

4) Start telling every politician that you contact that this bill, if signed into law, will be a violation of the “Florida Antitrust Act of 1980″ and ASSURE them that it will be challenged in court;

5) Start telling every politician that if we are deregulated we will seek, through legal action if necessary, a prorated refund of our license fees (perhaps $500,000 statewide???);

6) If you are licensed interior design business and you anticipate having to relinquish your IB license, hire an architect as your qualifying agent and apply for a architectural business license that you will remove an ID as your qualifying agent, tell every politician that if we are deregulated we will seek, through legal action if necessary, the cost of the necessary filings with the Secretary of State, Division of Corporations (your QA must be a principal officer of your corporation).

Please copy and past my posts here to every website and blog dedicated to stopping the deregulation of interior designers. You are also welcome to use the info here to write letters to your local newspapers as well as Governor $cott and other politicians throughout this (formerly) great State

ou are welcome to contact me at rjones@isfla.com if I can help you formulate your course of action.”

All good and serious points by Mr. Jones. The key is to inform yourself first then inform your policy makers.  It is a tangled web of misinformation and legalese that makes it difficult for even the most astute practitioner to get their point across.

GOOD LUCK!

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