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A bill to be entitled

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An act relating to auctioneering; amending s. 468.385,

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F.S.; providing a fingerprint requirement to qualify for

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auctioneer and auctioneer business licensures; revising

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application requirements for licensure as an auction

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business; providing for ineligibility of certain persons

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and auction businesses to reapply for licensure; requiring

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the Florida Board of Auctioneers to adopt rules relating

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to auction business financial responsibility; providing an

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effective date.

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

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     Section 1.  Subsections (4), (7), and (8) of section

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468.385, Florida Statutes, are amended to read:

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     468.385  Licenses required; qualifications; examination.--

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     (4)  Any person seeking a license as an auctioneer must pass

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a written examination approved by the board which tests his or

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her general knowledge of the laws of this state relating to

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provisions of the Uniform Commercial Code that are relevant to

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auctions, the laws of agency, and the provisions of this act.

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Each applicant must file a complete set of fingerprints in

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electronic format which have been taken by an authorized agency

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or vendor pursuant to department rule. The fingerprints shall be

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submitted to the Department of Law Enforcement for state

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processing, and the Department of Law Enforcement shall forward

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them to the Federal Bureau of Investigation for national

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processing. The board shall review the background results to

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determine if an applicant meets licensure requirements. The cost

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for fingerprint processing shall be borne by the person subject

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to the background screening. These fees shall be collected by the

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authorized agencies and vendors. The authorized agencies and

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vendors are responsible for paying the costs of processing to the

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Department of Law Enforcement.

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     (7)(a) Any auction that is subject to the provisions of

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this part must be conducted by an auctioneer who has an active

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license or an apprentice who has an active apprentice auctioneer

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license and who has received prior written sponsor consent.

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     (8)(b) No business shall auction or offer to auction any

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property in this state unless it is licensed as an auction

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business by the board or is exempt from licensure under this act.

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Each application for licensure shall include the names of the

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owner and the business, the business mailing address and

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location, and any other information which the board may require.

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The owner of an auction business shall report to the board within

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30 days of any change in this required information.

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     (a) If the applicant auction business is a sole

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proprietorship, the application shall state the name of the

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owner. If the owner uses a fictitious name, he or she shall

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furnish evidence of compliance with the fingerprint requirements

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under subsection (4). If there is a change in any information

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that is required to be stated on the application, the auction

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business shall, within 45 days after such change occurs, mail the

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correct information to the department.

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     (b) If the applicant auction business is a partnership,

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corporation, business trust, or other legal entity, other than a

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sole proprietorship, the application shall state the name of the

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partnership and its partners; the name of the corporation and its

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officers and directors and the name of each of its stockholders

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who is also an officer or director; the name of the business

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trust and its trustees; or the name of the legal entity and its

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members. If any fictitious names are stated in the application,

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the applicant shall furnish evidence of compliance with the

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fingerprint requirements under subsection (4) for each fictitious

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name used. If there is a change in any information that is

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required to be stated on the application, the auction business

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shall, within 45 days after such change occurs, mail the correct

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information to the department.

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     (c) Any person licensed under this part who has had his or

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her license revoked shall not be eligible for a 5-year period,

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beginning from the date of revocation, to be an owner, partner,

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officer, director, or trustee of an auction business as defined

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in s. 468.382. Such person shall also be ineligible to reapply

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for licensure under this part for a period of 5 years, beginning

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from the date of revocation.

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     (d) The applicant auction business shall furnish evidence

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of financial responsibility, credit history, and business

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reputation of the auction business. The board shall adopt rules

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defining financial responsibility based upon an auction business'

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credit history, ability to be bonded, and any history of

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bankruptcy or other insolvency proceeding or assignment of

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receivers. Such rules shall specify the financial responsibility

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grounds on which the board may determine that an auction business

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is not eligible for licensure.

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     (e) If an auction business or any of its owners, partners,

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officers, directors, trustees, or members commits any act or

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offense in this state or any other jurisdiction which would

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constitute a basis for disciplinary action under s. 468.389, the

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board may, on that basis alone, deny issuance of a license to

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that auction business.

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     (9)(8) A license issued by the department to an auctioneer,

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apprentice, or auction business is not transferable.

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     Section 2.  This act shall take effect July 1, 2008.