Minutes of January 16, 2002
Jeb Bush
Governor
Kim Binkley-Seyer
Secretary
Division of Real Estate
400 West Robinson Street
Suite N308
Orlando, Florida
32801-1772
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Minutes of
THE FLORIDA REAL ESTATE COMMISSION
January 16, 2002
Meeting
Chairperson Marie Powell 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: Marie Powell, Chairman; Matey H. Veissi, Vice-Chairman; Tina Richardson, Carlos Valdes, Guy Sanchez, Jr., Noel P. McDonell, and Poul Hornsleth. The Chair declared a quorum present. Daniel Villazon, was present as counsel for the Commission.
The following Division of Real Estate staff members were present: Buddy Johnson, Director; Jack Hisey, Bureau Chief of Licensing; Nancy Campiglia, Chief Attorney; Fred Seli, Bureau Chief of Enforcement; Sunia Marsh, Senior Attorney; William Tompkins, Senior Attorney; Robin Severs, Senior Attorney; Donna Ryan, Senior Attorney; Rania Soliman, Senior Attorney, Stacy Robinson Pierce, Senior Attorney; Wanda Grist, Budget Review Specialist; Jo Ellen Peacock, Acting Education Coordinator; Dottie Rohn, Regulatory Program Administrator; Jeannie Adkinson, Regulatory Specialist I; and Lori Crawford, Regulatory Supervisor/Consultant. American Court Reporting Service (407/324-4290) provided court reporter services.
The Commission unanimously approved the Minutes of the December 19, 2001, meeting as amended.
Commission Business
Chairman Marie Powell stated that Elmer Kraus, Carmen Cirello and Henry Blanton have been in real estate for 150 years, collectively, and that they will be having a celebration in March. Chairman Powell requested that the Commission put a motion on the floor to approve plaques to present to them. The Commission unanimously approved the request.
FREC Counsel, Daniel Villazon, presented correspondence from Kristen John of National Business Brokers, Incorporated, requesting the Commission’s approval of an advertisement brochure. Mr. Villazon stated that the Commission generally does not approve specific language and further stated that with the Commission’s permission would send a letter citing the proper rules with which they must comply.
Mr. Villazon presented Rule 61J2-5.016, Florida Administrative Code for a proposed rule development workshop. Mr. Villazon stated that the rule prohibits salespersons being licensed as officers and directors. Ms. Campiglia introduced Sam Young, an attorney who was present to give his opinion regarding this issue. The Commission also heard from Dick Fryer and Ray Glynn concerning this issue. Mr. Villazon stated the request is for authority to allow a salesperson to be an officer of a corporation. Mr. Villazon stated that now that the workshop has been held, he will propose a rule for development, which will be advertised for presentation at a future meeting for discussion and approval.
Upon conclusion of Mr. Villazon’s portion of the agenda, Chairman Powell welcomed the newly installed President of the Florida Association of Realtors, Moe Veissi, and congratulated him on his election.
Next, Chairman Powell introduced Secretary Kim Binkley-Seyer.
Secretary Kim Binkley-Seyer thanked the Commission for allowing her to be there on short notice. Secretary Binkley-Seyer’s main topic of discussion concerned “The Project” and she also addressed various concerns of the FREC. A transcript of the excerpt of Secretary Binkley-Seyer is attached hereto and made a part of these minutes.
Danny Villazon presented Michael A. Miscio’s request for reinstatement of null and void license. Mr. Miscio presented his case. Mr. Villazon stated that the Commission does not have the authority to assist him in this matter. Mr. Miscio stated he completed the required education within the prescribed time. Mr. Villazon stated that the issue is whether Mr. Miscio renewed his license within the appropriate time. Vice-chairman Veissi moved to deny. Commissioner McDonell seconded it; it carried unanimously.
Chief Attorney Nancy Campiglia presented Ronald E. Sims for reinstatement, stating that he had met all the necessary requirements. The Commission unanimously approved the reinstatement.
Bureau of Enforcement
Bureau Chief of Enforcement Fred Seli presented Enforcement’s monthly report.
Bureau of Licensing
Acting Education Coordinator JoEllen Peacock presented the Education Section Report. Commissioner Veissi commented that the pass-rate for the first-time takers was 58% and in her recollection, in the past the pass-rate for first-time takers was never over 50%. Ms. Peacock stated that the average first-time pass-rate for salespersons has been 54% and 56% for brokers from January 2001 through December 2001. Commissioner Veissi inquired as to the length of time the test-bank of questions is used. Commissioner Veissi believes that the test bank is four or five years old. Commissioner Veissi feels this issue is of concern and should be addressed. Ms. Campiglia stated that some questions have been modified, but where the issues have remained the same the questions have not changed. Ms. Campiglia further stated that the Department would be evaluating certain criteria to determine why there has been such an increase of the first-time pass-rate. Commissioner Veissi added that the question bank should be updated. Ms. Peacock stated that she would look into it.
Legal Matters
At approximately 10:30 a.m., the Commission took up the Legal Agenda, consisting of 42 cases. It heard 25 cases and continued 17. The Commission’s decisions on these matters are attached to the official minutes.
Bureau of Licensing
The Commission considered the Consent Agendas, at approximately 3:15 p.m. The Commission unanimously approved Consent Agenda #1. The Commission then unanimously approved Consent Agenda #2. Jeannie Adkinson, Regulatory Specialist I, 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.
Legal Matters continued
Upon recommendation of the Legal Section, the Commission unanimously issued 45 Escrow Disbursement Orders (EDO) and four Orders of denial. A list of the Orders is attached to the official minutes.
Finance and Accounting
Budget Review Specialist Wanda Grist presented the financial reports. Ms. Grist reported that she has noticed a significant increase in the application revenue. She stated she believes that this is due to the availability to take the real estate exam through computer-based testing. Commission Veissi inquired whether Ms. Grist will be here next month. Ms. Grist stated that this would be her last month. Ms. Campiglia requested that the Commission allow the Division to prepare a resolution on its behalf to recognize the time and dedication Ms. Grist has provided to the Division during her tenure.
The Commission received the following reports in writing: Record Section Activity, Exam Section Activity, Administration Activity, and Legal Section Activity.
Commissioner Poul Hornsleth presented a package that he received from Lori Rogers regarding a matter going before the House next week. Director Buddy Johnson stated that the first committee that heard it has passed House Bill 499. He further stated that there will be time for comments and considerations before the Legislature votes on it. Director Johnson stated that the Department has analyzed the bill. Chairman Marie Powell added that the Florida Association of Realtors (FAR) supports the bill. Attorney Marcia Taback, of the Florida Association of Realtors, supported Chairman Powell’s statement. Ms. Taback stated that as the bill has been revised, FAR is now in agreement.
Mr. Johnson stated that House Bill 593 also is working its way through the Legislature, which contains some of the recommendations for Chapter 475, and the Department will continue to monitor its progress.
There being no further business, and no objection, the Chair adjourned the meeting at 5:10 p.m. The next general meeting of the Florida Real Estate Commission is scheduled for February 20, 2001.
Marie Powell Buddy Johnson
Chairman Division Director
Written by:
Lori Crawford
Deputy Clerk