Senate Bill sb1486
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1486
By Senator Posey
24-668-06
1 A bill to be entitled
2 An act relating to auctioneering; amending s.
3 468.385, F.S.; requiring an applicant for an
4 auctioneer license to submit fingerprints with
5 the application; revising license-application
6 forms to require additional information from
7 applicants that are legal entities; prohibiting
8 a person whose license has been revoked from
9 being an owner, partner, officer, director, or
10 trustee of an auction business for a specified
11 period; requiring that an applicant for
12 licensure furnish evidence of financial
13 responsibility; requiring the Florida Board of
14 Auctioneers to adopt rules governing financial
15 responsibility; authorizing the board to deny
16 licensure to an applicant if an owner, partner,
17 officer, director, trustee, or member of the
18 applicant's business has committed an offense
19 that would constitute a basis for disciplinary
20 action; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsections (4) and (7) of section 468.385,
25 Florida Statutes, are amended and present subsection (8) of
26 that section is redesignated as subsection (9), and a new
27 subsection (8) is added to that section, to read:
28 468.385 Licenses required; qualifications;
29 examination.--
30 (4) Any person seeking a license as an auctioneer must
31 pass a written examination approved by the board which tests
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1486
24-668-06
1 his or her general knowledge of the laws of this state
2 relating to provisions of the Uniform Commercial Code which
3 that are relevant to auctions, the laws of agency, and the
4 provisions of this act. Each applicant must also file a
5 complete set of fingerprints taken by an authorized law
6 enforcement officer. The department must submit the
7 fingerprints to the Department of Law Enforcement for state
8 processing and to the Federal Bureau of Investigation for
9 federal processing. The cost of processing shall be borne by
10 the applicant.
11 (7)(a) Any auction that is subject to the provisions
12 of this part must be conducted by an auctioneer who has an
13 active license or an apprentice who has an active apprentice
14 auctioneer license and who has received prior written sponsor
15 consent.
16 (b) A No business may not shall auction or offer to
17 auction any property in this state unless it is licensed as an
18 auction business by the board or is exempt from licensure
19 under this act. Each application for licensure shall include
20 the names of the owner and the business, the business mailing
21 address and location, and any other information which the
22 board may require. The owner of an auction business shall
23 report to the board within 30 days of any change in this
24 required information.
25 (8)(a) If an applicant for licensure is a sole
26 proprietorship, the application must identify the owner. If a
27 fictitious name is used, the applicant must furnish evidence
28 of compliance with fictitious-name provisions.
29 (b) If an applicant is a partnership, corporation,
30 business trust, or other legal entity other than a sole
31 proprietorship, the application must provide the name of the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1486
24-668-06
1 partnership and its partners; the name of the corporation and
2 its officers, directors, and stockholders who are also
3 officers or directors; the name of the business trust and its
4 trustees; or the name of any other form of legal entity and
5 its members. If a fictitious name is used, the applicant must
6 furnish evidence of compliance with fictitious-name
7 provisions. If any information that is required to be stated
8 on the application changes, the applicant must, within 45 days
9 after any change, mail the correct information to the
10 department.
11 (c) Any person licensed pursuant to this part whose
12 license has been revoked may not be an owner, partner,
13 officer, director, or trustee of an auction business for 5
14 years following such revocation. The person is also ineligible
15 to reapply for licensure for 5 years following such
16 revocation.
17 (d) An applicant must furnish evidence of financial
18 responsibility, credit history, and business reputation in the
19 auction business. The board shall adopt rules that specify the
20 financial-responsibility grounds upon which the board may deny
21 licensure and that define financial responsibility based upon
22 the applicant's credit history, ability to be bonded, and any
23 history of bankruptcy, insolvency proceedings, or assignment
24 of receivers.
25 (e) The board may deny licensure to an applicant if
26 any owner, partner, officer, director, trustee, or member of
27 the applicant has committed an act or offense in any
28 jurisdiction which would constitute a basis for disciplinary
29 action under s. 468.389.
30
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1486
24-668-06
1 (9)(8) A license issued by the department to an
2 auctioneer, apprentice, or auction business is not
3 transferable.
4 Section 2. This act shall take effect July 1, 2006.
5
6 *****************************************
7 SENATE SUMMARY
8 Revises provisions related to auctioneering. Requires
applicants for licensure to submit fingerprints. Revises
9 license-application forms to require additional
information from applicants that are legal entities.
10 Prohibits certain persons from becoming licensed.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4
CODING: Words stricken are deletions; words underlined are additions.