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Minutes of

THE FLORIDA REAL ESTATE COMMISSION

March 21, 2001

Meeting

Chairperson Dean Saunders called the meeting of the Florida Real Estate Commission to order, at approximately 8:30 a.m., in Orlando, Florida.

The following Commission members were present: Dean Saunders, Chairperson; Marie Powell, Vice-Chairperson, Tina D. Richardson; Carlos Valdes, and Matey H. Veissi. Commissioner Clifford Stein was absent. The Chair declared a quorum.

Alfred Truesdell, of Brown, Ward, Salzman & Weiss, P.A. represented the Commission.

Mitch Hardin, Chief of Staff, for the Department of Business and Professional Regulation attended the meeting and presented Buddy Johnson as the new director for the Division.

The following Division of Real Estate staff members were present: Jack Hisey, Bureau Chief of Licensing; Fred Seli, Bureau Chief of Enforcement; Nancy Campiglia, Chief Attorney, Sunia Marsh, Senior Attorney; William Tompkins, Senior Attorney; Robin Severs, Senior Attorney, Juana Watkins, Senior Attorney, Aimee Hefley, Senior Attorney; Alex Grist, Education Coordinator; Wanda Grist, Management Review Specialist; Dottie Rohn, Regulatory Program Administrator; Judy Smith, Complaint Section Manager; Kathleen Koeberich, Investigator Supervisor, Kay Fleming, Administrative Assistant II, Lori Crawford, Regulatory Supervisor/Consultant, Denise Johnson, Regulatory Specialist I, and Jeannie Adkinson, Regulatory Specialist I. American Court Reporting Service (407/324-4290) provided court reporter services.

The Commission approved the Minutes of the February 21, 2001, meeting as written.

Commission Business

The Commission unanimously adopted the motion to receive Buddy Johnson as the new Director for the Division of Real Estate.

Chairperson Saunders presented a Resolution for Cindy Keene, who was unable to attend.

Alfred Truesdell presented a Tampa law firm’s request for an opinion of whether the Commission has jurisdiction on Federal Indian lands. He presented the results of his legal research.

Chairperson Saunders instructed Truesdell to inform the firm of the summary of his research in writing.

Mr. Truesdell presented an inquiry from Randy Schwartz, General Counsel for the Florida Association of Realtors, regarding advertising on the Internet.

Chairperson Saunders appointed a committee to research the issue and report its findings at the next Commission meeting. The following individuals were appointed to the committee: Commissioner Marie Powell, Alfred Truesdell, James Mitchell, Dick Fryer, Randy Schwartz, Fred Seli, Ray Glenn, and Carolyn Gardner.

Next, Mr. Truesdell asked permission from the Commission to move forward on rule making on LLC, LLP, and other business entities not covered under the current rules. The Commission granted the request.

Legal Matters

Upon recommendation of the Legal Section, the Commission issued 79 Escrow Disbursement Orders. A list of the Orders is attached hereto and made a part of these minutes. Nancy Campiglia, Chief Attorney for the Division, announced that the EDOs are current though December.

At 9:20 a.m., the Commission took up the Legal Agenda consisting of 23 cases. It heard 18 cases, continued three and withdrew two. The Commission’s decisions on these matters are attached hereto and made a part of these minutes.

Commission Business continued

Chairperson Saunders introduced Director Buddy Johnson.

Director Johnson presented the Legislative Budget Report to the Commission. He stated that the Division currently has 115 full time employees. There are 11 vacancies, seven of which have been filled, in the last two weeks. There are 12 positions projected to be eliminated in 2001/2002, with current language adding 8 positions back in which only leaves eight positions slated for elimination. Rather than doing away with any current position filled by an employee, it is the Secretary’s intent to refrain from filling the vacancies. In addition, the Director stated that the current reengineering project might have an impact on the above numbers.

Chief of Staff Hardin explained the re-engineering project to the Commission.

Director Johnson stated that a hotline or call center will be put into place, which will help with streamlining of the Department. He added that Secretary Binkley-Seyer is eager to work with the Commission on the hotline issue.

The Director added that the budget for 2001-2002 is essentially the same as last year with a few exceptions: first the 12 positions, as stated earlier, the re-engineering, new technology, and the elimination of the Florida Real Estate Commission Education and Foundation Advisory Committee last year. However, the Foundation still exists and the money is still there; $200,000 is the current balance of last year’s allotment. He stated the Secretary would like to funnel the monies back into the Trust Fund.

Chairperson Saunders explained that the Commission would like to have some input on how to use the funds. Chief of Staff Hardin suggested that the Commission make specific recommendations on how to direct the funds, at its next meeting.

The Director then offered to provide a summary on the way the Recovery Fund may be better used in order to support the Division in improvements to the real estate industry.

The Director then announced that Frank Gregoire, who currently serves on the Appraisal Board, recently lost his mother.

Bureau of Licensing

Education Coordinator, Alex Grist, gave the monthly report of the Education Section.

Mr. Grist stated that Commissioner Powell forwarded a request from the Indiana Real Estate Commission to enter in a mutual agreement with our state. He added that he will gather the information and present it to the Director for review and then forward it to Mr. Truesdell for the drafting of a proposed agreement.

Mr. Grist issued an invitation to the Commissioners to make an appearance at the upcoming Instructor Seminars. The dates being as follows: April 20th in Tallahassee, May 11th in Palm Beach, June 8th in Orlando, and September 7th in Orlando.

Mr. Grist added that the four-hour escrow management course is ready, however a rule workshop will be needed to change the current rule indicating a seven-hour escrow management course.

At 1:30 p.m., Bureau Chief of Licensing, Jack Hisey, presented the Consent Agendas. The Commissioners unanimously approved Consent Agenda #1. The Commission then considered 100 applicants on Consent Agenda #2, and unanimously approved 92 applicants, requesting that eight applicants appear before it. Regulatory Program Administrator, Dottie Rohn, presented the Summary of Applicants requesting to sit for the real estate examination to the Commission. The Commission’s orders on these matters are attached hereto and made a part of these minutes.

Mr. Hisey reported that the Records Section was current to within 3 days in processing, and the Application Section was current to within a week.

Bureau of Enforcement

Bureau Chief of Enforcement, Fred Seli presented the Bureau of Enforcement’s monthly activity and reported that two new investigators have been hired since the last meeting. He further stated that there are currently six vacancies and he would be working with Director Johnson to fill them.

Financial Report

Management Review Specialist, Wanda Grist, presented the financial statements. She stated that the fee revenues have increased by approximately 15% in comparison to this time last year. She further stated that the license revenues have increased slightly. The miscellaneous revenue has a balance slightly higher than $200,000. This was due to a transfer error to another part of the Department and this was just putting it back into the account. The expenses have dropped by approximately 8%. The Commission’s has spent approximately 50% of its travel budget this fiscal year.

Director’s Matters

Director Johnson presented Lizzette Almeciga, Allan Jamie Bieler, and Luis A. Vidal for reinstatement stating that they had met all the necessary requirements. The Commission unanimously approved the reinstatements.

There being no further business, and no objection, the Chair adjourned the meeting at 4:12 p.m. The next general meeting of the Florida Real Estate Commission is scheduled for April 18, 2001.

Dean Saunders Buddy Johnson

Chairperson Division Director

Written by:

Denise Johnson

Regulatory Specialist I

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