Senate Bill sb1786
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1786
By Senator Posey
24-1339A-07 See HB 711
1 A bill to be entitled
2 An act relating to auctioneering; amending s.
3 468.385, F.S.; providing a fingerprint
4 requirement to qualify for auctioneer and
5 auctioneer business licensures; revising
6 application requirements for licensure as an
7 auction business; providing for ineligibility
8 of certain persons and auction businesses to
9 reapply for licensure; requiring the Florida
10 Board of Auctioneers to adopt rules relating to
11 auction business financial responsibility;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsections (4), (7), and (8) of section
17 468.385, Florida Statutes, are amended to read:
18 468.385 Licenses required; qualifications;
19 examination.--
20 (4) Any person seeking a license as an auctioneer must
21 pass a written examination approved by the board which tests
22 his or her general knowledge of the laws of this state
23 relating to provisions of the Uniform Commercial Code that are
24 relevant to auctions, the laws of agency, and the provisions
25 of this act. Each applicant must file a complete set of
26 fingerprints that have been taken by an authorized law
27 enforcement officer, and that set of fingerprints shall be
28 submitted to the Department of Law Enforcement for state
29 processing and to the Federal Bureau of Investigation for
30 federal processing. The cost of processing shall be borne by
31 the applicant.
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1786
24-1339A-07 See HB 711
1 (7)(a) Any auction that is subject to the provisions
2 of this part must be conducted by an auctioneer who has an
3 active license or an apprentice who has an active apprentice
4 auctioneer license and who has received prior written sponsor
5 consent.
6 (8)(b) No business shall auction or offer to auction
7 any property in this state unless it is licensed as an auction
8 business by the board or is exempt from licensure under this
9 act. Each application for licensure shall include the names of
10 the owner and the business, the business mailing address and
11 location, and any other information which the board may
12 require. The owner of an auction business shall report to the
13 board within 30 days of any change in this required
14 information.
15 (a) If the applicant auction business is a sole
16 proprietorship, the application shall state the name of the
17 owner. If the owner uses a fictitious name, he or she shall
18 furnish evidence of compliance with the fingerprint
19 requirements under subsection (4). If there is a change in any
20 information that is required to be stated on the application,
21 the auction business shall, within 45 days after such change
22 occurs, mail the correct information to the department.
23 (b) If the applicant auction business is a
24 partnership, corporation, business trust, or other legal
25 entity, other than a sole proprietorship, the application
26 shall state the name of the partnership and its partners; the
27 name of the corporation and its officers and directors and the
28 name of each of its stockholders who is also an officer or
29 director; the name of the business trust and its trustees; or
30 the name of the legal entity and its members. If any
31 fictitious names are stated in the application, the applicant
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1786
24-1339A-07 See HB 711
1 shall furnish evidence of compliance with the fingerprint
2 requirements under subsection (4) for each fictitious name
3 used. If there is a change in any information that is required
4 to be stated on the application, the auction business shall,
5 within 45 days after such change occurs, mail the correct
6 information to the department.
7 (c) Any person licensed under this part who has had
8 his or her license revoked shall not be eligible for a 5-year
9 period, beginning from the date of revocation, to be an owner,
10 partner, officer, director, or trustee of an auction business
11 as defined in s. 468.382(1). Such person shall also be
12 ineligible to reapply for licensure under this part for a
13 period of 5 years, beginning from the date of revocation.
14 (d) The applicant auction business shall furnish
15 evidence of financial responsibility, credit, and business
16 reputation of the auction business. The board shall adopt
17 rules defining financial responsibility based upon an auction
18 business' credit history, ability to be bonded, and any
19 history of bankruptcy or other insolvency proceeding or
20 assignment of receivers. Such rules shall specify the
21 financial responsibility grounds on which the board may
22 determine that an auction business is not eligible for
23 licensure.
24 (e) If an auction business or any of its owners,
25 partners, officers, directors, trustees, or members commits
26 any act or offense in this state or any other jurisdiction
27 that would constitute a basis for disciplinary action under s.
28 468.389, the board may, on that basis alone, deny issuance of
29 a license to that auction business.
30
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1786
24-1339A-07 See HB 711
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, 2007.
5
6
7
8
9
10
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.