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Key Issues 2001-2002
 Written by Dean Saunders, newly appointed chair of the Florida Real Estate Commission (FREC). FREC is charged with regulating Florida's 194,273 real estate licensees. Saunders is a former member of Florida's House of Representatives and owns Saunders Real Estate LLC in Lakeland, 863/648-1528.
There are 2 key issues I'd like to share with you which are at the top of the 2001-2002 agenda for the Florida Real Estate Commission;
1) a complete review of the state statute that governs the real estate industry and
2) ethical issues we face everyday in dealings between buyers and sellers.
I'd also like to offer insight into a trend regarding conservation easement issues where Florida is in a nationwide leadership position and has pending legislation.
Overhauling the Statute Which Governs Florida Real Estate Professionals
Chapter 475 is the Florida Statute which governs the Florida real estate profession and is on the agenda for FREC to review and make recommendations for the 2002 legislative session. Because of the Internet and the very widespread changes it has brought to how our business is conducted, there is an immediate need to review and recommend significant changes to the statute. All parties are in agreement for the need to scrutinize these laws and FREC is working closely with the Secretary of Florida's Department of Business and Professional Regulation Kimberly Binkley-Seyer as well as the leadership of the Florida Association of Realtors.
One of the issues I'm most committed to is the regulation of unlicensed activity in our state. A challenge we all face is reporting unlicensed activity. We can't regulate, or discipline unlicensed activity unless it is reported. We know the real estate world is small; we live in communities and cross paths with some of these people frequently. However, we all realize this is a significant problem and hurts every licensed professional. I know of several recent deals, with major corporations, where unlicensed participants presented themselves as professional and were looking to take a cut of the deal. These were not small deals, nor were the other players involved. FREC has both transactions under investigation.
Other examples of activities under investigation include representatives of banks and large financial institutions who believe they can do a deal, and take a commission, because it involves an "investment". There also seem to be problems in the condominium environment where management representatives try to get a piece of a commission for their involvement. Sometimes we're talking about major players, sometimes small deals, but at the end of it all real estate professionals are licensed to protect the consumer.
When there is unlicensed activity it hurts the consumer and is illegal, plain and simple. Our livelihood and commissions are at stake and FREC exists to protect the consumer's rights as well as our right to make a successful and honorable living in real estate.
Ethical Education
FREC is also involved in developing an ethical education curriculum and mandating completion of ethics education as a component of our disciplinary actions. This will be a key topic when I speak to groups this year throughout Florida.
A Significant Trend - The Future of Land Protection
The state of Florida is a leader in the burgeoning area of dealing with conservation easements. This is a nationwide trend and Florida is not only a major player but currently allocates $300 million a year in conservation property dollars, a portion of which goes to buying easements from landowners.
Because easements are so popular with both the state and landowners, as I write this The Rural and Family Lands Protection Act has been filed in both the Florida House and Senate. I'm watching these very closely, not only because this is an issue where I specialize, but also one I believe will impact the future of our state. This bill proposes to add $100 million to what is already available and is a win-win for real estate professionals, especially anyone involved in land sales. Happily I can report to you it is supported on both sides, by agriculture and environmentalists alike.
Your Input is Welcomed
Anyone interested in these issues or others of concern are invited to attend any FREC meeting, which are held monthly in Orlando. Attendees receive 3 hours of continuing education credit. For more information visit FREC's web page accessed through the department of state's website http://www.state.fl.us/dbpr/index.shtml.
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For more information, please contact:
Coldwell Banker Commercial Saunders Real Estate
863-648-1528
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