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This post has been moved to the No Design Legislation blog at http://nodesignlegislation.wordpress.com/2009/03/11/asid-backpeddling-as-fast-as-they-can/

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http://archive.constantcontact.com/fs060/1102107213116/archive/1102484179858.html

Interior Design Protection Council
YOUR STORY IS NEEDED!
Proof needed to DEREGULATE Florida’s Anit-Competitive Law

Our voice has been heard…now let’s finish the job

Members of the Florida design community:

Governor Crist has indicated that he is interested in deregulating professions that have been faltering under the burden of excessive and redundant governmental regulation which is stifling Floridians’ ability to earn a living, as well as hindering growth of the state’s economy. Senator Don Gaetz, Chair of the Senate Select Committee on Florida’s Economy, has also expressed a keen interest in deregulation, particularly of interior design.
Both the Governor’s office and Senator Gaetz are seeking real life examples of how the current anti-consumer, anti-competitive practice law has negatively impacted your ability to market yourself and/or how it has restricted you from practicing to the full scope of your abilities and caused you to turn down business that you would otherwise be able to perform.
This is the opportunity we’d hoped for!
You can change the future of interior design in Florida

and be a part of this exciting historical opportunity!
Please compose a letter detailing how this law has hurt you over the years. Be specific — list:
  • Examples of jobs you have had to turn down, like small offices, common areas of condos, community centers, hotel foyers, etc.
  • How not being able to accurately describe what you do or market yourself in the yellow pages, website or search engines, advertisements, has cost you business because potential clients cannot find you
  • How not being able to fully practice is making you less competitive
  • Names of individuals or organizations that have recently emailed or telephoned you to do commercial work, but that you had to turn down
  • List examples of any and all disciplinary actions inflicted on you by the prosecuting attorney, detailing exactly why you were cited
  • List any fines you had to pay
  • List any attorneys fees or legal bills associated with defending or answering disciplinary charges
  • List any costs associated with being forced to come into compliance
  • State if you had to sign an affidavit to avoid fines, basically signing away your right to ever practice interior design or call yourself an interior designer and how that has hurt your ability to earn a living
  • List any particularly egregious charges, such as being disciplined for “referring to yourself as interior designer on a bookmark” or “listing yourself as interior designer on your application for licensure,” etc.
  • If you live in another state, but are prohibited from working in Florida and contributing to the Florida economy through the products you would purchase and people you would hire to complete your projects, you should also write to the Governor and Senator.

Please email all letters to me at pmorrow@IDPCinfo.org by Thursday, March 5th. You may sign them or remain anonymous using just your first name, initials, or pseudonym if you prefer privacy. Keep them to one page, and attach as a word document, if possible.

I will collect all the letters, fax them with a cover letter to the Governor and Senator Gaetz, and follow up with a phone call on behalf of the interior design community. I understand that at least one other group is doing this as well.
It is important that the Governor and Senator understand the we are a LARGE, organized group and that WE represent the majority voice of the design community. They’ve already heard from ASID/IDAF… NOW IT’S OUR TURN!
LET’S MAKE OUR VOICE LOUDER THAN THEIRS! Let’s shout it from the coast to coast,
“Florida’s interior design practice act is unjust,

unconstitutional, and unnecessary

and needs to be undone!”

Now it’s up to you
  • Do you want to continue to let this cartel restrict you from performing services that you would be perfectly able to provide in 47 other states?
  • Do you want to continue to let this cartel take away your First Amendment Right to accurately describe yourself and what you do?

Please email your letters to pmorrow@IDPCinfo.org by March 5th.

Support our efforts to protect Florida interior designers’ rights and livelihoods.

Click here to become a member of IDPC.

Click here to read IDPC’s call to action on February 19th.

CONSUMER PROTECTION? Absolutely NOT!

Not a shred of evidence has ever been presented to warrant a conclusion that the unregulated practice of interior design places the public in any form of jeopardy.

In fact, 12 government agencies have looked into this issue and concluded that interior design licensing does nothing to protect the public beyond the processes already in place.
Click here for a list and access to all 12 government reports, including the 1999 Florida report recommending that the profession of interior design be deregulated.
DID YOU KNOW THAT….

Juanita Chastain, who is working for the Department of Business Professional Regulation as the Executive Director for the Board of Architecture and Interior Design, is married to Dwight Chastain, who is working as an investigator for the firm responsible for prosecuting designers and decorators? This was confirmed on February 5th by David Minacci of Smith, Thompson, Shaw & Manausa, the private prosecuting firm for the Board.

While we have no direct proof of unethical or illegal conduct, the obscure nature of some of the disciplinary actions brought against the design community leaves us highly suspicious. For example, about a dozen individuals were disciplined for using the words “interior designer” on their application for licensure. How would the attorney and/or investigator know about those instances if not for the direct communication of such, and is the alleged feeding of such information to the prosecuting law firm or its investigator an accepted activity? It would seem that the privatization of the prosecutions should have eliminated any oversight capacity Mrs. Chastain might have had, should it not?

These and some of the other ambiguous disciplinary actions at the very least give the appearance of impropriety, and should be addressed.
We will stay on top of this and keep you informed.

THIS IS THE PERFECT OPPORTUNITY TO RID FLORIDA
OF THIS UNNECESSARY AND ANTI-COMPETITIVE LAW!
Patti PR headshot
If you have any questions, please feel free to contact me at pmorrow@IDPCinfo.org.
Patti Morrow

Executive Director
Interior Design Protection Council

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This post has been moved to the No Design Legislation blog at http://nodesignlegislation.wordpress.com/2009/03/03/wake-up-and-smell-the-coffee-in-sb-337-will-hurt-your-ability-to-compete/

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ACTION NEEDED!

Interior design SB 337 passes Senate committee 6-1

Bill goes to Senate floor on Tuesday, February 24th

Yesterday, February 18th, the Senate Committee on Commerce & Public Policy passed SB 337.

This bill would create a new state registration for a small group of interior designers who have passed the NCIDQ. It appears that this bill would benefit less than 10% of IN designers who would not qualify under the guidelines, thereby resulting in the state becoming the marketing agent for these select few, while placing the majority of the design community at an unfair competitive disadvantage.

Beware! While this may on the surface appear to be an innocuous piece of legislation, historically the pro-regulation faction will accept any piece of legislation in order to get their foot in the door. Once some kind of regulation has been established, they will come back year after year, and quietly, under the radar, attempt to incrementally amend the law until it meets their true goal: a full blown practice act.

This is not speculation.

It has, and is, happening in many states.

Incredibly, Governor Daniels, whose strong veto message denounced the 2007 Indiana title act bill, is now said to be in support of this bill because it could bring in state revenue. This is not true! The fiscal impact statement provided with the bill absurdly claims that 950 interior designers in Indiana will register @$100. The truth is that only a very small percentage of these designers (reportedly less than 100) are either qualified or willing to register, thus it will COST the state many thousands of dollars that would be better spent on recovering from the difficult economy.

Reportedly, Sen. Ron Alting, the Chair of the Committee commented in a prior meeting that he is tired of the constant barrage from ASID.

THAT IS NO REASON TO PASS LEGISLATION!!!

Are you going to let ASID’s relentless whining that they “just want some recognition” result in their getting the business you deserve? Please note:

  • According to reports that have come in referencing the ASID website, there are only 67 “professional” ASID members in Indiana [and many of those were most likely grandfathered and did not pass the NCIDQ.]
  • According the the [ultra-conservative] BLS statistics, there are approx. 1512 interior designers in Indiana.
  • Are you going to sit back and let this 4% [less if you take out those grandfathered] of elitist insiders dictate how the remaining 96% of designers in Indiana market themselves? Surely not!

THIS BILL IS GOING TO PASS UNLESS

THE SENATE IS BARRAGED

WITH LETTERS AND PHONE CALLS

OPPOSING THE BILL!!!

IMMEDIATE ACTION:

  1. Contact your Senator. Phone and fax are best, followed by email. Do ALL THREE if possible.
  2. Ask your clients, vendors, friends and family to contact their Senators and register their opposition to the bill.
  3. Contact the Governor and ask him to withdraw his support for the bill.

Link to sample letter provided below.

PLEASE DO NOT MAKE THE MISTAKE of thinking that others will do this for you!

THE ASID-LED CARTEL IS

“BOMBARDING” THE

SENATE WITH LETTERS RIGHT NOW!


Without a groundswell of opposition, this bill is going to pass. But with your help, we can defeat it.

If you live in a state surrounding IN and currently have business there or would like to work there in the future, please contact IN Senators and the Governor.

Do not let this special interest group reduce you to a second class citizen within the design community.

Protect your livelihood

Protect your rights

Protect your future!

Executive Director

INTERIOR DESIGN PROTECTION COUNCIL

Legislator Contact Info

Click here to find your Senator

Governor Contact Info

Governor Mitch Daniels

Phone: (317) 232-4567

Fax: (317) 233-4275


Sample Letter

Click here for sample letter

Contact Us

email: info@idpcinfo.org

phone: 603.228.8550

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Here’s a link to the archived version of this post, since it’s gotten cut off here, and I don’t know how to fix it.

Please visit the NoDesignLegislation blog at http://nodesignlegislation.wordpress.com for more information on interior design legislation.


Interior Design Protection Council

Protect Your Right to Practice!
NEW Alabama Practice Act will PUT YOU OUT OF BUSINESS

Senate Bill 344 and House Bill 491 are anti-competitive and anti-consumer!

Members of the Alabama design community:

As we previously reported, the Alabama State Board of Registration for Interior Designers tried a back-door — and we believe illegal — attempt to reinstate the unconstitutional practice act by simply amending the language and not going through the appropriate legislative process. And it might have worked, if IDPC, ADAD, IJ and NKBA had not thoroughly exposed and thwarted their under-the-radar tactics.

So now they have introduced a new practice act in the Senate (SB 344) and in the House (HB 491), and allegedly they are going to try and ram it through both houses within the next two weeks.

This even more restrictive and confusing practice act is mislabeled as the Alabama Interior Design Consumer Protection Act, when in fact, the only people protected by this act are the 262 licensed interior designers in the state who will be protected from YOU and your [superior] design abilities.

The bill contains a broad, loose definition of interior design which will surely cover the many services you provide. Interior design is defined to include:

  • programming, conducting research, identifying and analyzing the needs and goals of the client or occupant of the space, assessing project resources and limitations, developing project schedules and budgets
  • specifications, studies, and research,
  • reflected ceiling plans, space utilization, furnishings, floor plans, including preliminary space layouts and final planning,
  • construction documents,
  • the fabrication of nonstructural elements within and surrounding interior spaces of buildings, and
  • construction administration to monitor the contractor progress relating to nonstructural interior elements of a building or structure

YOU WILL NO LONGER BE ABLE TO PRACTICE

AS YOU HAVE BEEN DOING

SINCE THE PREVIOUS PRACTICE ACT WAS DECLARED UNCONSTITUTIONAL!

Although poorly drafted and without actually saying so, under the proposed law, no person may render interior design services without a license. In order to obtain a license, you must:

  1. Have an accredited degree in interior design. DO YOU HAVE AN APPROVED DEGREE?
  2. Prove, to the satisfaction of NCIDQ, that you have a minimum of 2-4 years of interior design experience under the direct supervision of a registered interior designer or licensed architect.
  3. Pass the NCIDQ exam. WILL YOU EVEN BE ELIGIBLE TO SIT FOR THE TEST? PROBABLY NOT. IT REQUIRES A DEGREE IN INTERIOR DESIGN AND BETWEEN 2-4 YEARS OF FULL-TIME, DIVERSIFIED INTERIOR DESIGN EXPERIENCE UNDER THE DIRECT SUPERVISION OF A LICENSED OR NCIDQ CERTIFIED INTERIOR DESIGNER OR ARCHITECT BEFORE YOU CAN TAKE THE TEST. And they determine exactly what “diversified” means!

GRANDFATHERING? Only if you already have a license, will you be allowed to continue to practice.

EXEMPTIONS? You will be “allowed” to provide consultations, NOT DESIGN.

There are other problems with the proposed bill, such as the Board’s ability to suspended or revoke your license if it finds that you violated any standards of professional conduct that they decide and file legal proceedings against you should it be determined that you were practicing interior design without a license. IF THAT HAPPENS, YOUR CLIENTS COULD REFUSE TO PAY YOU FOR THE WORK THAT YOU PERFORMED AND YOU HAVE NO RECOURSE IN THE COURTS! And of course, the Board has the power to impose fines and sanctions up to $2,000!

CONSUMER PROTECTION? Absolutely NOT!

Not a shred of evidence has ever been presented to warrant a conclusion that the unregulated practice of interior design places the public in any form of jeopardy.

In fact, 12 government agencies have looked into this issue and concluded that interior design licensing does nothing to protect the public beyond the processes already in place.

Click here for a list and access to all 12 government reports.

DID YOU KNOW THAT….


Practice laws affect more than just interior designers? In Florida, approximately 22 professions have been the subject of disciplinary actions.

If you work in any of the following professions, beware — if SB 344 and HB 491 are enacted, you could be fined or even lose your ability to earn a living:

*interior designer *interior decorator *office furniture dealer *residential furniture dealer

*restaurant equipment dealer *flooring company *wall covering supplier *fabric vendor

*builder *real estate stager *real estate developer *realty company *remodeler

*accessories retailer *antiques dealer *engineer *drafting services *lighting company

*florist *kitchen design *upholstery workroom *carpet retail *art dealer

Even if you are an extremely successful or even a “celebrity” designer, you will not be sheltered from this law. In Florida, even internationally known designers like Kelly Wearsler, Hirsch Bedner Assoc., Juan Montayo, Clive Christian, and Phillip Sides were victims of ruthless disciplinary actions.

IMMEDIATE ACTION REQUIRED!


You must act
now to let the members of the BOTH the Senate and House Committees know that, especially in this difficult economic climate, the state government should pass no legislation which would make it more difficult for its citizens to compete in the free and open market unless there is clear and compelling evidence — which is clearly lacking here.

IMMEDIATE ACTION REQUIRED:

  1. Write to each committee member. A fax is best, followed by email if you don’t have access to a fax machine. Your letter should be no longer than one page.
  2. Call each Senate and House committee member, register your name, town, bill number and that you are opposed to it.
  3. Rally students to write as well. Licensing HURTS not helps them.
  4. Ask your clients, vendors, friends, family, and other consumers, to call or write to the committee on your behalf — especially if they are constituents of the member.

If you live in a surrounding state but work or plan to do design work in Alabama, then you also need to contact the Committee to protect your rights.

Click here for contact information on SENATE SMALL BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE

Click here for contact information on HOUSE BOARDS AND COMMISSIONS COMMITTEE

Click here to read SB 344.

Click here to read HB 491.

If you have any questions, please feel free to contact us at legislation@IDPCinfo.org

Patti Morrow

Executive Director
Interior Design Protection Council

Support our efforts to protect Minnesota interior designers’ rights and livelihoods.

Click here to become a member of IDPC.

Join Our Mailing List!

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Interior Design Protection Council | 91 Reserve Place | Concord | NH | 03301

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