CS/HB 63

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

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