Locke v. Shore

634 F.3d 1185, 2011 U.S. App. LEXIS 3879, 2011 WL 692238
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 1, 2011
Docket10-11052
StatusPublished
Cited by52 cases

This text of 634 F.3d 1185 (Locke v. Shore) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Locke v. Shore, 634 F.3d 1185, 2011 U.S. App. LEXIS 3879, 2011 WL 692238 (11th Cir. 2011).

Opinions

MARTIN, Circuit Judge:

The question this appeal presents is whether Florida’s license requirement for interior designers practicing in commercial settings within the state violates the United States Constitution. The district court held that the license requirement is constitutional under each of the provisions Appellants relied on to challenge it: the First Amendment, the Dormant Commerce Clause, and the Equal Protection and Due Process Clauses.1 We agree and affirm.

I. BACKGROUND

Florida law requires interior designers practicing in nonresidential, commercial settings within the state to obtain a state license. Fla. Stat. §§ 481.209(2), 481.213. Florida statute § 481.223(l)(b) provides that “[a] person may not knowingly ... [pjraetice interior design unless the person is a registered interior designer unless otherwise exempted herein.” A designer must complete a combined total of six years of interior design education and internship experience with a licensed interi- or designer to qualify for a Florida license. See Fla. Stat. § 481.209(2); Fla. Admin. Code r. 61-G1-22.001(1). The designer must also pass an examination administered by the National Council of Interior Design Qualifications (“NCIDQ”). Fla. Stat. §§ 481.209 and 481.207.

Florida’s statute on its face requires only interior designers, a subset of architects, but not interior decorators, to obtain a state license before practicing in a commercial setting. See Fla. Stat. §§ 481.223(1)(b) and 481.203(8), (15). A separate Florida statute 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.” Fla. Stat. § 481.203(8). The statute further provides that “ ‘[ijnterior design’ 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.”2 Id. By contrast, “ ‘[i]nterior decorator 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).

Practicing interior design in commercial settings in Florida without a license constitutes a misdemeanor, punishable by up to one year in jail. See Fla. Stat. [1190]*1190§§ 481.223(2) and 775.082(4)(a). The Florida Board of Architecture and Interior Design (“the Board”), the entity that enforces the license requirement, may also impose an administrative penalty. See Fla. Stat. § 455.228. In recent cases, the Board has sought to charge violators a $5,000.00 fíne per violation. The Board has pursued, on average, several hundred cases per year, in recent years.

Florida’s interior design license requirement includes several exceptions. For instance, interior designers practicing in residential settings in Florida may do so without a license. See Fla. Stat. §§ 481.223(l)(b) and 481.229(6)(a). Under certain conditions, Florida also exempts from the license requirement manufacturers of “commercial food service equipment” and employees of retail establishments performing interior decorator services in connection with a retail sale. See Fla. Stat. §§ 481.229(6)(b), (8). Florida also allows unlicensed employees of an architect to practice “under the instruction, control, or supervision” of a licensed architect. Fla. Stat. § 481.229(2). Similarly, “any person” can “act[] as a contractor in the execution of work designed by an architect.” Id.

Florida law also requires corporations, limited liability companies, and partnerships offering interior design services in commercial settings in Florida to have a Florida-licensed interior designer serve as a partner or one of the principal officers of the firm. See Fla. Stat. § 481.219. For such entities to comply with Florida law, they must obtain a certificate of authorization from the Board. Fla. Stat. § 481.219(3). Certificate applicants must establish that “[o]ne or more of the principal officers of the corporation or one op more partners of the partnership, and all personnel of the [entity] who act in its behalf in [Florida] as interior designers, are registered.” Fla. Stat. § 481.219(7)(b). A “registered” interior designer is one who “is licensed” under Florida law. See Fla. Stat. § 481.203(9).

Appellants, Eva Locke, Patricia Anne Levenson, and Barbara Yanderkolk Gardner, currently practice interior design in residential settings in Florida and wish to expand their practice to commercial settings. They are educated and trained in interior design but not licensed as “interior designers” by the state of Florida. The Board has notified Gardner, on two separate occasions, that it has found probable cause to prosecute her for violating Florida’s interior design license law. The National Federation of Independent Business is a national trade association with members who, like these designers, provide “interior design” and decorator services in Florida. Some of the association’s members have been subject to enforcement actions by the Board for alleged violations of the interior design license law.

Collectively Appellants sued members of the Board (“Appellees”) in their official capacity under 42 U.S.C. § 1983 to challenge the constitutionality of Florida’s license requirement. The parties filed cross-motions for summary judgment and, after oral argument on the motions, agreed to try the case as a bench trial based solely on the written record. The district court found that Florida’s license requirement is constitutional under the First Amendment, Dormant Commerce Clause, and Fourteenth Amendment’s Privileges or Immunities, Equal Protection and Due Process Clauses.3 We likewise conclude that the [1191]

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Bluebook (online)
634 F.3d 1185, 2011 U.S. App. LEXIS 3879, 2011 WL 692238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/locke-v-shore-ca11-2011.