HB 711

1
A bill to be entitled
2An act relating to auctioneering; amending s. 468.385,
3F.S.; providing a fingerprint requirement to qualify for
4auctioneer and auctioneer business licensures; revising
5application requirements for licensure as an auction
6business; providing for ineligibility of certain persons
7and auction businesses to reapply for licensure; requiring
8the Florida Board of Auctioneers to adopt rules relating
9to auction business financial responsibility; providing an
10effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsections (4), (7), and (8) of section
15468.385, Florida Statutes, are amended to read:
16     468.385  Licenses required; qualifications; examination.--
17     (4)  Any person seeking a license as an auctioneer must
18pass a written examination approved by the board which tests his
19or her general knowledge of the laws of this state relating to
20provisions of the Uniform Commercial Code that are relevant to
21auctions, the laws of agency, and the provisions of this act.
22Each applicant must file a complete set of fingerprints that
23have been taken by an authorized law enforcement officer, and
24that set of fingerprints shall be submitted to the Department of
25Law Enforcement for state processing and to the Federal Bureau
26of Investigation for federal processing. The cost of processing
27shall be borne by the applicant.
28     (7)(a)  Any auction that is subject to the provisions of
29this part must be conducted by an auctioneer who has an active
30license or an apprentice who has an active apprentice auctioneer
31license and who has received prior written sponsor consent.
32     (8)(b)  No business shall auction or offer to auction any
33property in this state unless it is licensed as an auction
34business by the board or is exempt from licensure under this
35act. Each application for licensure shall include the names of
36the owner and the business, the business mailing address and
37location, and any other information which the board may require.
38The owner of an auction business shall report to the board
39within 30 days of any change in this required information.
40     (a)  If the applicant auction business is a sole
41proprietorship, the application shall state the name of the
42owner. If the owner uses a fictitious name, he or she shall
43furnish evidence of compliance with the fingerprint requirements
44under subsection (4). If there is a change in any information
45that is required to be stated on the application, the auction
46business shall, within 45 days after such change occurs, mail
47the correct information to the department.
48     (b)  If the applicant auction business is a partnership,
49corporation, business trust, or other legal entity, other than a
50sole proprietorship, the application shall state the name of the
51partnership and its partners; the name of the corporation and
52its officers and directors and the name of each of its
53stockholders who is also an officer or director; the name of the
54business trust and its trustees; or the name of the legal entity
55and its members. If any fictitious names are stated in the
56application, the applicant shall furnish evidence of compliance
57with the fingerprint requirements under subsection (4) for each
58fictitious name used. If there is a change in any information
59that is required to be stated on the application, the auction
60business shall, within 45 days after such change occurs, mail
61the correct information to the department.
62     (c)  Any person licensed under this part who has had his or
63her license revoked shall not be eligible for a 5-year period,
64beginning from the date of revocation, to be an owner, partner,
65officer, director, or trustee of an auction business as defined
66in s. 468.382(1). Such person shall also be ineligible to
67reapply for licensure under this part for a period of 5 years,
68beginning from the date of revocation.
69     (d)  The applicant auction business shall furnish evidence
70of financial responsibility, credit, and business reputation of
71the auction business. The board shall adopt rules defining
72financial responsibility based upon an auction business' credit
73history, ability to be bonded, and any history of bankruptcy or
74other insolvency proceeding or assignment of receivers. Such
75rules shall specify the financial responsibility grounds on
76which the board may determine that an auction business is not
77eligible for licensure.
78     (e)  If an auction business or any of its owners, partners,
79officers, directors, trustees, or members commits any act or
80offense in this state or any other jurisdiction that would
81constitute a basis for disciplinary action under s. 468.389, the
82board may, on that basis alone, deny issuance of a license to
83that auction business.
84     (9)(8)  A license issued by the department to an
85auctioneer, apprentice, or auction business is not transferable.
86     Section 2.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.