| 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 | to reapply for licensure or to hold certain positions with |
| 8 | an auction business for a specified time; requiring the |
| 9 | Florida Board of Auctioneers to adopt rules relating to |
| 10 | auction business financial responsibility; authorizing the |
| 11 | board to deny licensure in certain circumstances; |
| 12 | providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsections (4), (7), and (8) of section |
| 17 | 468.385, Florida Statutes, are amended to read: |
| 18 | 468.385 Licenses required; qualifications; examination.-- |
| 19 | (4) Any person seeking a license as an auctioneer must |
| 20 | pass a written examination approved by the board which tests his |
| 21 | or her general knowledge of the laws of this state relating to |
| 22 | provisions of the Uniform Commercial Code that are relevant to |
| 23 | auctions, the laws of agency, and the provisions of this act. |
| 24 | Each applicant must file a complete set of fingerprints in |
| 25 | electronic format that have been taken by an authorized agency |
| 26 | or vendor pursuant to department rule. The fingerprints shall be |
| 27 | submitted to the Department of Law Enforcement for state |
| 28 | processing, and the Department of Law Enforcement shall forward |
| 29 | the fingerprints to the Federal Bureau of Investigation for |
| 30 | national processing. The board shall review the background |
| 31 | results to determine whether an applicant meets licensure |
| 32 | requirements. The cost for fingerprint processing shall be borne |
| 33 | by the person subject to the background screening. Such fees |
| 34 | shall be collected by the authorized agencies and vendors. The |
| 35 | authorized agencies and vendors are responsible for paying the |
| 36 | costs of processing to the Department of Law Enforcement. |
| 37 | (7)(a) Any auction that is subject to the provisions of |
| 38 | this part must be conducted by an auctioneer who has an active |
| 39 | license or an apprentice who has an active apprentice auctioneer |
| 40 | license and who has received prior written sponsor consent. |
| 41 | (8)(b) No business shall auction or offer to auction any |
| 42 | property in this state unless it is licensed as an auction |
| 43 | business by the board or is exempt from licensure under this |
| 44 | act. Each application for licensure shall include the names of |
| 45 | the owner and the business, the business mailing address and |
| 46 | location, and any other information which the board may require. |
| 47 | The owner of an auction business shall report to the board |
| 48 | within 30 days of any change in this required information. |
| 49 | (a) If the applicant auction business is a sole |
| 50 | proprietorship, the application shall state the name of the |
| 51 | owner. If the owner uses a fictitious name, he or she shall |
| 52 | furnish evidence of compliance with the fingerprint requirements |
| 53 | of subsection (4). If there is a change in any information that |
| 54 | is required to be stated on the application, the auction |
| 55 | business shall, within 45 days after such change occurs, mail |
| 56 | the correct information to the department. |
| 57 | (b) If the applicant auction business is a partnership, |
| 58 | corporation, business trust, or other legal entity other than a |
| 59 | sole proprietorship, the application shall state the name of the |
| 60 | partnership and its partners; the name of the corporation and |
| 61 | its officers and directors and the name of each of its |
| 62 | stockholders who is also an officer or director; the name of the |
| 63 | business trust and its trustees; or the name of the legal entity |
| 64 | and its members. If any fictitious names are stated in the |
| 65 | application, the applicant shall furnish evidence of compliance |
| 66 | with the fingerprint requirements of subsection (4) for each |
| 67 | fictitious name used. If there is a change in any information |
| 68 | that is required to be stated on the application, the auction |
| 69 | business shall, within 45 days after such change occurs, mail |
| 70 | the correct information to the department. |
| 71 | (c) Any person licensed under this part who has had his or |
| 72 | her license revoked shall not be eligible for a 5-year period, |
| 73 | beginning from the date of revocation, to be an owner, partner, |
| 74 | officer, director, or trustee of an auction business as defined |
| 75 | in s. 468.382(1). Such person shall also be ineligible to |
| 76 | reapply for licensure under this part for a period of 5 years, |
| 77 | beginning from the date of revocation. |
| 78 | (d) The applicant auction business shall furnish evidence |
| 79 | of financial responsibility, credit, and business reputation of |
| 80 | the auction business. The board shall adopt rules defining |
| 81 | financial responsibility based upon an auction business' credit |
| 82 | history, ability to be bonded, and any history of bankruptcy or |
| 83 | other insolvency proceeding or assignment of receivers. Such |
| 84 | rules shall specify the financial responsibility grounds on |
| 85 | which the board may determine that an auction business is not |
| 86 | eligible for licensure. |
| 87 | (e) If an auction business or any of its owners, partners, |
| 88 | officers, directors, trustees, or members commits any act or |
| 89 | offense in this state or any other jurisdiction that would |
| 90 | constitute a basis for disciplinary action under s. 468.389, the |
| 91 | board may, on that basis alone, deny issuance of a license to |
| 92 | that auction business. |
| 93 | (9)(8) A license issued by the department to an |
| 94 | auctioneer, apprentice, or auction business is not transferable. |
| 95 | Section 2. This act shall take effect July 1, 2009. |