Senate Bill sb1786

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    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.

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

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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.

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    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

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    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.

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    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.

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