1 | A bill to be entitled |
2 | An act relating to auctioneering; amending s. 468.385, |
3 | F.S.; providing a fingerprint requirement to qualify for |
4 | auctioneer and auctioneer business licensures; revising |
5 | application requirements for licensure as an auction |
6 | business; providing for ineligibility of certain persons |
7 | and auction businesses to reapply for licensure; requiring |
8 | the Florida Board of Auctioneers to adopt rules relating |
9 | to auction business financial responsibility; providing an |
10 | effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Subsections (4), (7), and (8) of section |
15 | 468.385, Florida Statutes, are amended to read: |
16 | 468.385 Licenses required; qualifications; examination.-- |
17 | (4) Any person seeking a license as an auctioneer must |
18 | pass a written examination approved by the board which tests his |
19 | or her general knowledge of the laws of this state relating to |
20 | provisions of the Uniform Commercial Code that are relevant to |
21 | auctions, the laws of agency, and the provisions of this act. |
22 | Each applicant must file a complete set of fingerprints that |
23 | have been taken by an authorized law enforcement officer, and |
24 | that set of fingerprints shall be submitted to the Department of |
25 | Law Enforcement for state processing and to the Federal Bureau |
26 | of Investigation for federal processing. The cost of processing |
27 | shall be borne by the applicant. |
28 | (7)(a) Any auction that is subject to the provisions of |
29 | this part must be conducted by an auctioneer who has an active |
30 | license or an apprentice who has an active apprentice auctioneer |
31 | license and who has received prior written sponsor consent. |
32 | (8)(b) No business shall auction or offer to auction any |
33 | property in this state unless it is licensed as an auction |
34 | business by the board or is exempt from licensure under this |
35 | act. Each application for licensure shall include the names of |
36 | the owner and the business, the business mailing address and |
37 | location, and any other information which the board may require. |
38 | The owner of an auction business shall report to the board |
39 | within 30 days of any change in this required information. |
40 | (a) If the applicant auction business is a sole |
41 | proprietorship, the application shall state the name of the |
42 | owner. If the owner uses a fictitious name, he or she shall |
43 | furnish evidence of compliance with the fingerprint requirements |
44 | under subsection (4). If there is a change in any information |
45 | that is required to be stated on the application, the auction |
46 | business shall, within 45 days after such change occurs, mail |
47 | the correct information to the department. |
48 | (b) If the applicant auction business is a partnership, |
49 | corporation, business trust, or other legal entity, other than a |
50 | sole proprietorship, the application shall state the name of the |
51 | partnership and its partners; the name of the corporation and |
52 | its officers and directors and the name of each of its |
53 | stockholders who is also an officer or director; the name of the |
54 | business trust and its trustees; or the name of the legal entity |
55 | and its members. If any fictitious names are stated in the |
56 | application, the applicant shall furnish evidence of compliance |
57 | with the fingerprint requirements under subsection (4) for each |
58 | fictitious name used. If there is a change in any information |
59 | that is required to be stated on the application, the auction |
60 | business shall, within 45 days after such change occurs, mail |
61 | the correct information to the department. |
62 | (c) Any person licensed under this part who has had his or |
63 | her license revoked shall not be eligible for a 5-year period, |
64 | beginning from the date of revocation, to be an owner, partner, |
65 | officer, director, or trustee of an auction business as defined |
66 | in s. 468.382(1). Such person shall also be ineligible to |
67 | reapply for licensure under this part for a period of 5 years, |
68 | beginning from the date of revocation. |
69 | (d) The applicant auction business shall furnish evidence |
70 | of financial responsibility, credit, and business reputation of |
71 | the auction business. The board shall adopt rules defining |
72 | financial responsibility based upon an auction business' credit |
73 | history, ability to be bonded, and any history of bankruptcy or |
74 | other insolvency proceeding or assignment of receivers. Such |
75 | rules shall specify the financial responsibility grounds on |
76 | which the board may determine that an auction business is not |
77 | eligible for licensure. |
78 | (e) If an auction business or any of its owners, partners, |
79 | officers, directors, trustees, or members commits any act or |
80 | offense in this state or any other jurisdiction that would |
81 | constitute a basis for disciplinary action under s. 468.389, the |
82 | board may, on that basis alone, deny issuance of a license to |
83 | that auction business. |
84 | (9)(8) A license issued by the department to an |
85 | auctioneer, apprentice, or auction business is not transferable. |
86 | Section 2. This act shall take effect July 1, 2007. |