Florida Senate - 2009                                     SB 482
       
       
       
       By Senator Baker
       
       
       
       
       20-00359-09                                            2009482__
    1                        A bill to be entitled                      
    2         An act relating to auctioneers; amending s. 468.385,
    3         F.S.; revising requirements for licensure as an
    4         auctioneer, auctioneer apprentice, and auction
    5         business; requiring the submission of fingerprints for
    6         a criminal records check; requiring that an applicant
    7         for a license bear the cost of fingerprinting and a
    8         criminal records check; prohibiting reissuance of a
    9         license for a specified period following license
   10         revocation; amending s. 468.3855, F.S.; requiring the
   11         sponsor of an auctioneer apprentice to review records
   12         of the apprentice; amending s. 468.389, F.S.;
   13         authorizing the board of auctioneers to impose
   14         penalties on a business that violates laws pertaining
   15         to auctions; providing an effective date.
   16         
   17  Be It Enacted by the Legislature of the State of Florida:
   18         
   19         Section 1. Section 468.385, Florida Statutes, is amended to
   20  read:
   21         468.385 Licenses required; qualifications; examination.—
   22         (1) The department shall license any applicant who the
   23  board certifies is qualified to practice auctioneering.
   24         (2) A No person or business must be licensed by the
   25  department as an auctioneer, auctioneer apprentice, or auction
   26  business to shall auction or offer to auction any property in
   27  this state, unless the person or business he or she is licensed
   28  by the department or is exempt from licensure under this act.
   29         (3) A No person may not shall be licensed as an auctioneer
   30  or apprentice unless if he or she:
   31         (a) Is at least under 18 years of age; or
   32         (b) Has not committed any act or offense in this state or
   33  any other jurisdiction which would constitute a basis for
   34  disciplinary action under s. 468.389;
   35         (c)Has held an apprentice license and has served as an
   36  apprentice for 1 year, or has completed a course of study,
   37  consisting of at least 80 classroom hours of instruction, which
   38  meets standards adopted by the board;
   39         (d)Has passed a written examination approved by the board
   40  which tests knowledge of the provisions of the Uniform
   41  Commercial Code relating to auctions, the laws of agency, and
   42  the provisions of this part;
   43         (e)Has filed a complete set of fingerprints; and
   44         (f)Is approved by the board.
   45         (4)A person may not be licensed as an auctioneer
   46  apprentice unless he or she:
   47         (a)Is at least 18 years of age;
   48         (b)Has not committed any act or offense in this state or
   49  any other jurisdiction which would constitute a basis for
   50  disciplinary action under s. 468.389;
   51         (c)Has filed a complete set of fingerprints; and
   52         (d)Is approved by the board.
   53         (4)Any person seeking a license as an auctioneer must pass
   54  a written examination approved by the board which tests his or
   55  her general knowledge of the laws of this state relating to
   56  provisions of the Uniform Commercial Code that are relevant to
   57  auctions, the laws of agency, and the provisions of this act.
   58         (5) Each apprentice application for licensure as an
   59  auctioneer apprentice and each auctioneer apprentice license
   60  must be signed by shall name a licensed auctioneer who will has
   61  agreed to serve as the sponsor supervisor of the apprentice. No
   62  apprentice may conduct, or contract to conduct, an auction
   63  without the express approval of his or her supervisor. The
   64  supervisor shall regularly review the apprentice's records,
   65  which are required by the board to be maintained, to determine
   66  if such records are accurate and current.
   67         (6)No person shall be licensed as an auctioneer unless he
   68  or she:
   69         (a)Has held an apprentice license and has served as an
   70  apprentice for 1 year or more, or has completed a course of
   71  study, consisting of not less than 80 classroom hours of
   72  instruction, that meets standards adopted by the board;
   73         (b)Has passed the required examination; and
   74         (c)Is approved by the board.
   75         (7)(a)Any auction that is subject to the provisions of
   76  this part must be conducted by an auctioneer who has an active
   77  license or an apprentice who has an active apprentice auctioneer
   78  license and who has received prior written sponsor consent.
   79         (b)No business shall auction or offer to auction any
   80  property in this state unless it is licensed as an auction
   81  business by the board or is exempt from licensure under this
   82  act.
   83         (6)An Each application for licensure as an auction
   84  business must shall include:
   85         (a) The name names of each natural person who, directly or
   86  indirectly, owns or controls 20 percent or more of an ownership
   87  interest in the business;
   88         (b)The legal name of the business and any fictitious names
   89  used by the business;
   90         (c)A complete set of fingerprints each natural person who,
   91  directly or indirectly, owns or controls 20 percent or more of
   92  an ownership interest in the business; the owner and the
   93  business,
   94         (d) The business mailing address and location;,
   95         (e)Evidence of financial responsibility; and
   96         (f) Any other information required by which the board may
   97  require. The owner of
   98         (7) An auction business shall report to the board any
   99  change to the facts stated in its application for licensure
  100  within 45 30 days after the of any change in this required
  101  information.
  102         (8)A business may not be licensed as an auction business
  103  if any natural person who, directly or indirectly, owns or
  104  controls 20 percent or more of an ownership interest in the
  105  business has committed any act or offense in this state or any
  106  other jurisdiction which would constitute a basis for
  107  disciplinary action under s. 468.389.
  108         (9)Fingerprints required by this section must be taken in
  109  electronic format by an authorized agency or vendor pursuant to
  110  rules of the department. The department shall submit the
  111  fingerprints to the Department of Law Enforcement for a state
  112  criminal records check. The Department of Law Enforcement shall
  113  forward the fingerprints to the Federal Bureau of Investigation
  114  for a national criminal records check. A person subject to a
  115  criminal records check shall bear the cost of fingerprinting and
  116  the criminal records check. Fees for the criminal records check
  117  shall be collected by the agencies and vendors authorized to
  118  take fingerprints and forwarded to the Department of Law
  119  Enforcement.
  120         (10)A person or auction business whose license has been
  121  revoked is ineligible for relicensure for 5 years following the
  122  date of revocation.
  123         (11)(8) A license issued by the department to an
  124  auctioneer, apprentice, or auction business is not transferable.
  125         Section 2. Section 468.3855, Florida Statutes, is amended
  126  to read:
  127         468.3855 Apprenticeship training requirements.—
  128         (1) An auctioneer may not sponsor more than three
  129  apprentices at one time. Any auctioneer who serves as a sponsor
  130  must have held an active, valid license for 3 consecutive years
  131  preceding the date on which that auctioneer is named as sponsor
  132  of the apprentice.
  133         (2) Any auctioneer who undertakes the sponsorship of an
  134  apprentice shall ensure that the apprentice receives training as
  135  required by board rule.
  136         (3) An apprentice must actively participate in auction
  137  sales as required by board rule, and a record of each auction
  138  for which participation credit is claimed must be made as
  139  required by board rule.
  140         (4)The sponsor shall regularly review the records of the
  141  apprentice which the board requires that the sponsor maintain in
  142  order to determine if such records are accurate and current.
  143         (5)(4)An apprentice may not conduct Apprentices are
  144  prohibited from conducting any auction without the prior express
  145  written consent of the sponsor. The apprentice's sponsor must be
  146  present at the auction site at any time the apprentice is
  147  actively participating in the conduct of the auction. If the
  148  apprentice's sponsor cannot attend a particular auction, the
  149  sponsor may appoint a qualified auctioneer who meets the
  150  requirements of board rule to attend the auction in his or her
  151  place. Prior written consent must be given by the apprentice's
  152  sponsor for each substitution.
  153         (6)(5) Each apprentice and sponsor shall file reports as
  154  required by board rule.
  155         (7)(6) A sponsor may not authorize an apprentice to conduct
  156  an auction or act as principal auctioneer unless the sponsor has
  157  determined that the apprentice has received adequate training to
  158  do so.
  159         (8)(7) The sponsor is shall be responsible for any acts or
  160  omissions of the apprentice which constitute a violation of law
  161  in relation to the conduct of an auction.
  162         (9)(8) All apprentice applications are shall be valid for a
  163  period of 6 months after board approval. Any applicant who fails
  164  to complete the licensure process within that time shall be
  165  required to make application as a new applicant.
  166         (10)(9) Any licensed apprentice who wishes to change the
  167  sponsor under whom he or she is licensed must submit a new
  168  application and application fee. However, a new license fee is
  169  shall not be required and credit shall be awarded for training
  170  received or any period of apprenticeship served under the
  171  previous sponsor.
  172         (11)(10) Credit for training received or any period of
  173  apprenticeship served is shall not be allowed unless it occurred
  174  under the supervision of the sponsor under whose supervision the
  175  apprentice is licensed.
  176         Section 3. Section 468.389, Florida Statutes, is amended to
  177  read:
  178         468.389 Prohibited acts; penalties.—
  179         (1) The following acts are shall be grounds for the
  180  disciplinary activities provided in subsections (2) and (3):
  181         (a) A violation of any law relating to trade or commerce of
  182  this state or of the state in which an auction is conducted.
  183         (b) Misrepresentation of property for sale at auction or
  184  making false promises concerning the use, value, or condition of
  185  such property by an auctioneer or auction business or by anyone
  186  acting as an agent of or with the consent of the auctioneer or
  187  auction business.
  188         (c) Failure to account for or to pay or return, within a
  189  reasonable time not to exceed 30 days, money or property
  190  belonging to another which has come into the control of an
  191  auctioneer or auction business through an auction.
  192         (d) False, deceptive, misleading, or untruthful
  193  advertising.
  194         (e) Any conduct in connection with a sales transaction
  195  which demonstrates bad faith or dishonesty.
  196         (f) Using or permitting the use of false bidders, cappers,
  197  or shills.
  198         (g) Making any material false statement on a license
  199  application.
  200         (h) Commingling money or property of another person with
  201  his or her own. Every auctioneer and auction business shall
  202  maintain a separate trust or escrow account in an insured bank
  203  or savings and loan association located in this state in which
  204  shall be deposited all proceeds received for another person
  205  through an auction sale.
  206         (i) Refusal or neglect of any auctioneer or other receiver
  207  of public moneys to pay the moneys so received into the State
  208  Treasury at the times and under the regulations prescribed by
  209  law.
  210         (j) Violating a statute or administrative rule regulating
  211  practice under this part or a lawful disciplinary order of the
  212  board or the department.
  213         (k) Having a license to practice a comparable profession
  214  revoked, suspended, or otherwise acted against by another state,
  215  territory, or country.
  216         (l) Being convicted or found guilty, regardless of
  217  adjudication, of a crime in any jurisdiction which directly
  218  relates to the practice or the ability to practice the
  219  profession of auctioneering.
  220         (2) When the board finds any person or business guilty of
  221  any of the prohibited acts set forth in subsection (1), it may
  222  enter an order imposing one or more of the following penalties:
  223         (a) Refusal to certify to the department an application for
  224  licensure.
  225         (b) Revocation or suspension of a license.
  226         (c) Imposition of an administrative fine not to exceed
  227  $1,000 for each count or separate offense.
  228         (d) Issuance of a reprimand.
  229         (e) Placement of the auctioneer on probation for a period
  230  of time and subject to conditions as the board may specify,
  231  including requiring the auctioneer to successfully complete the
  232  licensure examination.
  233         (f) Requirement that the person in violation make
  234  restitution to each consumer affected by that violation. Proof
  235  of such restitution shall be a signed and notarized release
  236  executed by the consumer or the consumer's estate.
  237         (3)(a) Failure to pay a fine within a reasonable time, as
  238  prescribed by board rule, may be grounds for disciplinary
  239  action.
  240         (b) The department may file for an injunction or bring any
  241  other appropriate civil action against anyone who violates this
  242  part.
  243         Section 4. This act shall take effect July 1, 2009.