Vice Chairperson Marie Powell Called the Meeting of the Florida Real Estate Commission

Minutes of October 17, 2001

Minutes of

THE FLORIDA REAL ESTATE COMMISSION

October 17, 2001

Meeting

Chairperson Dean Saunders called the meeting of the Florida Real Estate Commission to order, at approximately 8:40 a.m., in Orlando, Florida.

The following Commission members were present: Dean Saunders, Chairperson; Marie Powell, Vice-Chairperson; Clifford Stein, Tina Richardson and Matey H. Veissi. Commissioner Carlos Valdes was not present. 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; 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; Jo Ellen Peacock, Acting Education Coordinator; Dottie Rohn, Regulatory Program Administrator; Charlotte Hattaway, 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 August 15, 2001, meeting as written.

Commission Business

FREC Counsel Daniel Villazon presented correspondence from Suzanne Printy, Counsel for Joint Administrative Procedures Committee, regarding an issue concerning Rule 61J210.032. Mr. Villazon stated that he agreed with her concerns and that it would be addressed at the next Commission meeting.

Mr. Villazon presented correspondence from Parker B. Smith, requesting that the Commission waive the post-licensing requirement required by Section 475.17, Florida Statutes. The Commissioners unanimously denied Mr. Smith’s request.

Mr. Villazon presented correspondence from Joanne Lorraine Spellman, requesting on-line education. Mr. Villazon stated that the Department would be providing this service in the very near future.

Next, Director Buddy Johnson presented Robert Mack and Jozef Moza for reinstatement, stating that they had met all the necessary requirements. The Commission unanimously approved the reinstatements.

Bureau of Enforcement

Bureau Chief of Enforcement Fred Seli presented Enforcement’s monthly report.

Legal Matters

Chief Attorney Nancy Campliglia presented the Legal Section Monthly Activity Report.

Ms. Campiglia reported on appeal case Stork v. Department of Business and Professional Regulation, stating that the Division of Administrative Hearings recommended that the license of Ms. Stork be revoked, the Commission upheld the Judge’s recommendation, and that the 4th DCA did affirm per curium.

Upon recommendation of the Legal Section, the Commission unanimously issued 236 Escrow Disbursement Orders (EDO); and withdrew #20016-1050, 20016-1194, and 20016-1313, 20016-0580, 20016-0880. A list of the Orders is attached to the official minutes. The Commission then unanimously issued 74 Escrow Dismissal Orders; and withdrew #20016-0319, 20016-0719, 20016-0945, 20016-1032, 20016-1075, 20016-0563, 20016-1109, 20016-1361, 20016-1574, and 20016-0838.

Ms. Campiglia stated that approximately 19 cases must be continued due the lack of a quorum. At approximately 9:00 a.m., the Commission took up the Legal Agenda, consisting of 70 cases. It heard 38 cases, continued five and withdrew one. The Commission’s decisions on these matters are attached to the official minutes.

Bureau of Licensing

The Commission considered the Consent Agendas, at approximately 1:30 p.m. The Commission unanimously approved Consent Agenda #1. The Commission then unanimously approved Consent Agenda #2. Dottie Rohn, Program Administrator, presented to the Commission the Summary of Applicants requesting to sit for the real estate examination. The Commission’s orders on these matters are attached hereto and made a part of these minutes.

Wanda Grist presented the Financial Report. Ms. Grist recommended that the Commission postpone the Fee Holiday Review due to various variables that would make it difficult to make a recommendation. Commissioner Matey Veissi expressed that she has concerns and is interested in reviewing where the Commission trust funds are being allocated. Commissioner Veissi inquired as to whether the Commission has say in where and how the trust funds are expended. Director Johnson replied that he would make a concerted effort to adequately solicit the Commission’s opinions regarding this issue. He further stated that the Department statutorily manages the money. Chairperson Dean Saunders stated that the Commission has as much input, as the Secretary will allow as to what she proposes and that the Commission is not the manager of the trust funds. Commissioner Stein stated that in his experience, half the battle is trying to figure out how the budget works and that the Commission does not appear to have much influence. Director Johnson again stated he would submit the Commission opinions to Tallahassee for a response.

Vice-chairperson Marie Powell, stated that this was Chair Dean Saunders and Commissioner Cliff Stein’s last meeting and that the vacant consumer member position has not been filled. Ms. Powell further stated that the appointment of new members should be expedited. She added the Commission meetings would need to be cancelled in the event one of the remaining members are not able to attend. Director Johnson stated that the Secretary would be ready with the new board members in November.

Chairperson Dean Saunders stated that the Commission needed to have the election of officers and opened the floor for nominations for Chairperson. Commissioner Matey Veissi moved to nominate Marie Powell for Chairperson. Commissioner Tina Richardson seconded it; it carried unanimously. Chairperson Dean Saunders then opened the floor for nominations for Vice-Chairperson. Commissioner Tina Richardson moved to nominate Matey Veissi. Commissioner Cliff Stein seconded it; it carried unanimously.

Acting Education Coordinator JoEllen Peacock presented Education Section’s monthly report.

The Commission received the following reports in writing: Record Section Activity, Exam Section Activity, and Administration Activity.

Director Buddy Johnson presented a letter from Secretary Kim Binkley-Seyer requesting that the Commission develop a process to assist the individuals whose licenses went null and void on September 30, 2001, extending the renewal period through December 31, 2001. Mr. Villazon stated that the Department is researching this issue and that Tom Thomas is looking into the legal rationale to accommodate the licensees. The Commission unanimously agreed to extend the deadline to December 31, 2001.

Director Johnson reported that the Division received the fully executed Mutual Recognition Agreement from Indiana. He further stated that some have asked about the Education Coordinator position and that there is a hiring freeze in the Department.

Director Johnson further reported that the project has unbelievable capabilities for customer service and convenience for the licensees, however, it has created some backlog in application processing, but the Division is diligently working to alleviate this problem.

Lastly, Director Johnson reported on Legislative matters stating that there is activity concerning the Chapter 475 rewrite.

There being no further business, and no objection, the Chair adjourned the meeting at 5:00 p.m. The next general meeting of the Florida Real Estate Commission is scheduled for November 14, 2001.

ChairpersonBuddy Johnson

Division Director

Written by:

Lori Crawford

Deputy Clerk