| 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 in |
| 23 | electronic format that have been taken by an authorized agency |
| 24 | or vendor pursuant to department rule. The fingerprints shall be |
| 25 | submitted to the Department of Law Enforcement for state |
| 26 | processing, and the Department of Law Enforcement shall forward |
| 27 | the fingerprints to the Federal Bureau of Investigation for |
| 28 | national processing. The board shall review the background |
| 29 | results to determine whether an applicant meets licensure |
| 30 | requirements. The cost for fingerprint processing shall be borne |
| 31 | by the person subject to the background screening. Such fees |
| 32 | shall be collected by the authorized agencies and vendors. The |
| 33 | authorized agencies and vendors are responsible for paying the |
| 34 | costs of processing to the Department of Law Enforcement. |
| 35 | (7)(a) Any auction that is subject to the provisions of |
| 36 | this part must be conducted by an auctioneer who has an active |
| 37 | license or an apprentice who has an active apprentice auctioneer |
| 38 | license and who has received prior written sponsor consent. |
| 39 | (8)(b) No business shall auction or offer to auction any |
| 40 | property in this state unless it is licensed as an auction |
| 41 | business by the board or is exempt from licensure under this |
| 42 | act. Each application for licensure shall include the names of |
| 43 | the owner and the business, the business mailing address and |
| 44 | location, and any other information which the board may require. |
| 45 | The owner of an auction business shall report to the board |
| 46 | within 30 days of any change in this required information. |
| 47 | (a) If the applicant auction business is a sole |
| 48 | proprietorship, the application shall state the name of the |
| 49 | owner. If the owner uses a fictitious name, he or she shall |
| 50 | furnish evidence of compliance with the fingerprint requirements |
| 51 | under subsection (4). If there is a change in any information |
| 52 | that is required to be stated on the application, the auction |
| 53 | business shall, within 45 days after such change occurs, mail |
| 54 | the correct information to the department. |
| 55 | (b) If the applicant auction business is a partnership, |
| 56 | corporation, business trust, or other legal entity, other than a |
| 57 | sole proprietorship, the application shall state the name of the |
| 58 | partnership and its partners; the name of the corporation and |
| 59 | its officers and directors and the name of each of its |
| 60 | stockholders who is also an officer or director; the name of the |
| 61 | business trust and its trustees; or the name of the legal entity |
| 62 | and its members. If any fictitious names are stated in the |
| 63 | application, the applicant shall furnish evidence of compliance |
| 64 | with the fingerprint requirements under subsection (4) for each |
| 65 | fictitious name used. If there is a change in any information |
| 66 | that is required to be stated on the application, the auction |
| 67 | business shall, within 45 days after such change occurs, mail |
| 68 | the correct information to the department. |
| 69 | (c) Any person licensed under this part who has had his or |
| 70 | her license revoked shall not be eligible for a 5-year period, |
| 71 | beginning from the date of revocation, to be an owner, partner, |
| 72 | officer, director, or trustee of an auction business as defined |
| 73 | in s. 468.382(1). Such person shall also be ineligible to |
| 74 | reapply for licensure under this part for a period of 5 years, |
| 75 | beginning from the date of revocation. |
| 76 | (d) The applicant auction business shall furnish evidence |
| 77 | of financial responsibility, credit, and business reputation of |
| 78 | the auction business. The board shall adopt rules defining |
| 79 | financial responsibility based upon an auction business' credit |
| 80 | history, ability to be bonded, and any history of bankruptcy or |
| 81 | other insolvency proceeding or assignment of receivers. Such |
| 82 | rules shall specify the financial responsibility grounds on |
| 83 | which the board may determine that an auction business is not |
| 84 | eligible for licensure. |
| 85 | (e) If an auction business or any of its owners, partners, |
| 86 | officers, directors, trustees, or members commits any act or |
| 87 | offense in this state or any other jurisdiction that would |
| 88 | constitute a basis for disciplinary action under s. 468.389, the |
| 89 | board may, on that basis alone, deny issuance of a license to |
| 90 | that auction business. |
| 91 | (9)(8) A license issued by the department to an |
| 92 | auctioneer, apprentice, or auction business is not transferable. |
| 93 | Section 2. This act shall take effect July 1, 2008. |