At her final commission meeting in Orlando, MSC Manager Darla Furst was visited by a number of agents from Michael Saunders & Company.
In 2010 Michael Saunders & Company Manager Darla Furst was appointed by the Governor of Florida to serve as a Commissioner on the Florida Real Estate Commission (FREC). For the past six-and-a-half years she has been in the heart of Florida real estate working to protect the consumer and their private property rights, reviewing state laws and statutes, screening all Realtor applicants, and disciplining real estate professionals who have violated the law.
Michael Saunders & Company Manager, Darla Furst
Known by her fellow colleagues on the board as “Judge Judy”, her involvement with FREC has lead to many interesting opportunities, including speaking engagements across the state of Florida and even an invitation to the White House in 2012 to attend a think tank on how the recession was affecting the real estate industry and homeowners. In fact, for Darla’s outstanding tenure, she will be receiving a “Distinguished Service Award” from the Realtor Association of Sarasota and Manatee.
“Darla was always fair-minded and compassionate. ‘Judge Judy’ set the bar high and led by example, and she understood better than almost anyone the importance of the Commission’s work and how deeply it impacts people and businesses all over our great state,” said Thomas B. Luzier, Esq., Vice-Chair, Florida Real Estate Commission and Board Certified Real Estate Attorney, Dunlap & Moran, PA.
But Luzier explained that Darla also brought a lot of good humor and personality to the process. “She would often announce her arrival at the morning’s proceedings with a grand flourish as she blew through the big double doors, waving to one and all like the Queen of England, ‘I’m HERE!’. Her big smile and bright attitude were a breath of fresh air in a dull-colored room where people’s professional futures get decided in front of nearly 100 strangers.”
Last month, Darla’s term as Commissioner (two years of which she served as Chair) came to a close. Twenty-four agents from the Realtor Association of Sarasota and Manatee (including a number from Michael Saunders & Company) made the trip to Orlando for her final commission meeting to observe the process first hand, see Darla in action, and celebrate her time with FREC.
Fresh off her six-and-a-half year term, we’ve asked Darla several questions to learn more about her experiences:
What is the process for being appointed to FREC?
I was encouraged by the 2009 President of the Florida Association of Realtors to apply based on my tenure in the real estate business (40 years next year). It was quite a lengthy application which was submitted to the Appointments Office of the Governor of the State of Florida. The Governor then makes his appointment and it has to be approved on the floor of the Florida Senate. I was first appointed by Governor Charlie Crist in 2010 and re-appointed to a second term by Governor Rick Scott in 2012.
Darla Furst, Realtors Daria Spina and Christine del Monte, and Vice-Chair Thomas B. Luzier, Esq.
What did you find most interesting about your experience?
Oh, so many, many things! Due to the fact that we are the Florida Real Estate Commission empowered to discipline licensees, it was incomprehensible to see what some real estate licensees will do in the course of their business. As such, over the 6.5 years, I became pretty well versed on what are legal and illegal actions in the world of real estate. Additionally, due to the fact that the FREC also has the authority to change the rules governing the practice of real estate, it was interesting to be a part of the changes that we made due to the shifting real estate market. However, if it involved changing the laws and statutes of Chapter 475, we could only recommend to the Legislature for a change in the law and it would be up to them to approve.
What was the monthly workload like?
The workload was incredibly daunting. The monthly Commission meetings are held in Orlando and consist of two full days, usually the third Tuesday and Wednesday of each month. About two weeks prior to the meetings, we are sent a disc to load onto our state-issued laptop. The first day of the meetings is when we discuss rule changes and hear cases of complaints which have been filed against a real estate licensee (either a broker or salesperson). Prior to the complaints landing in front of us they are vetted through a process of investigation, legal review and a Probable Cause panel. If in that process, it is deemed that there is a violation of the law, then the respondent is summoned to appear in front of us. There are seven commissioners; two “non-industry” members (usually real estate attorneys) and five “industry” members (licensed brokers or salespersons). The venue is similar to a court room proceeding. The pre-work is what is time consuming. On the first day, we will hear approximately 20-30 cases. On the disc we receive are the files of the cases. Some cases have as many as 500-600 pages, all of which we are bound to review. At the meeting, after hearing the mitigation of the licensee, we have the authority to either dismiss the case, suspend the license up to 10 years, impose a fine of up to $5,000 per charge, require some type of education class or permanently revoke the license.
What is the second day of proceedings like?
The second day is when we review individuals applying for their real estate license. It goes without saying that we carefully vet all applicants before a license is granted. They must submit a written application and have to disclose any charges, arrests or convictions -basically anything that got them in trouble with law enforcement. We do complete FBI and FDLE background checks on each applicant. If something comes up that is a concern to us and potentially could “harm” the consumer, we summon them to appear in front of us. These background checks go back to the 1980’s. It is not uncommon to have felons, sexual predators, disbarred attorneys and every sort of crime you can imagine come in front of FREC with the expectation that we are going to grant them a license. Once again, the files on these individuals can be hundreds of pages. In the month of October, we heard over 90 cases on the second day. It is a tremendous responsibility!
Why is it so important to have a thorough process when granting licenses to new Realtors?
When I was administered the Oath of Office of a Florida Real Estate Commissioner, I was charged primarily to protect the consumer and their private property rights. So the process of screening the applicants is one not taken lightly. I always would make judgement on the applicants with these questions in mind. Is a buyer or seller going to be at risk working with this licensee? Are they going to be safe when in an open house, vacant property or automobile of the licensee? Is their money going to be at any risk when putting it in the hands of this licensee? I feel very comfortable in the decisions I made and voted on during my tenure on the Commission.
What’s one thing you learned about the practice of real estate in Florida?
After 40 years of active practice in this business, I thought I knew and had experienced it all. But I did learn a tremendous amount, from the minute details of what violations of 475 can get you in trouble, to understanding the huge responsibility that by law, brokers are liable for the actions of their sales associates. I also gained a great deal of respect for the Commission and the Division of Real Estate and how, through the years, they have monitored and reviewed the laws and tweaked them to accommodate the changing markets so that the home buyer and seller is really protected.
How has being part of FREC opened you up to new experiences?
It was never in the business plan of my career to become a FREC Commissioner. It would have never occurred to me had I not received that call from the Florida Association of Realtors President, whom I had known due to years and years of being active on the local and state level of involvement in the Realtor Associations. Additionally, it became pretty clear to me when I first got on the Commission that most of the approximately 350,000 + real estate licensees didn’t understand what the FREC really did and the scope of their responsibilities. As such, I began speaking all around the state of Florida to local Realtor Associations as to the value of FREC and what we did. I was more or less an ambassador of the Florida Real Estate Commission. During the 6.5 years, I delivered over 30 such speaking engagements voluntarily and enjoyed every minute of it.
Watch this video, courtesy Michael Saunders & Company sales agent, Christine del Monte, from Darla’s final meeting as Commissioner held October 19, 2016.
Do you want to learn more about the Florida Real Estate Commission or attend a meeting? Visit MyFloridaLicense.com. And join us in congratulating Darla by offering a comment below!