Senate Bill sb1486

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    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  8         a person whose license has been revoked from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.

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22  Be It Enacted by the Legislature of the State of Florida:

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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

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    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

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    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.

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    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.

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 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.

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