FLORIDA BOARD OF AUCTIONEERS

The FLORIDA BOARD OF AUCTIONEERS is governed by the following rules and regulations:

61G2-7.010 Probable Cause.
Pursuant to Section 455.225(4), F.S., the Board delegates to the Department the authority to determine whether probable cause exists in any particular case.
Specific Authority 455.225(4), 468.384(2) FS. Law Implemented 455.225(4) FS. History New 5-4-87, Formerly 21BB-1.008, 21BB-7.010, Amended 4-17-94, 4-14-02.
61G2-7.020 Time for Payment of Fines.
In cases where the Board imposes an administrative fine for violation of Chapter 455, F.S., Chapter 468, Part VI, F.S., or the rules promulgated thereunder, the fine shall be paid within 30 days of issuance of the Board's final order.
Specific Authority 468.384(2), 468.389(3)(a) FS. Law Implemented 468.389(3)(a) FS. History New 3-19-87, Formerly 21BB-1.016, 21BB-7.020.

61G2-7.030 Disciplinary Guidelines.
(1) When the Board finds that an applicant or licensee whom it regulates under Chapter 468, Part VI, F.S., has committed any of the acts set forth in Section 468.389, F.S., it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:
(a) Violation of any law relating to trade or commerce of this state or of the state in which an auction is conducted. The usual penalty shall be: 1st offense an administrative fine up to $500, probation and the successful completion of the licensure exam; 2nd offense an administrative fine from $500 to $1,000 and license suspension or revocation; 3rd offense an administrative fine of $1,000 and license revocation.
(b) Misrepresentation of property for sale at auction or making false promises concerning the use, value, or condition of such property by an auctioneer or auction business or by anyone acting as an agent of or with the consent of the auctioneer or auction business. The usual penalty shall be: 1st offense administrative fine up to $500, a reprimand and probation and/or license suspension; 2nd offense an administrative fine of $500 to $1,000 and suspension; 3rd offense - an administrative fine of $1,000 and license revocation.
(c) Failure to account for money belonging to another which has come into the control of an auctioneer or auction business through an auction, within a reasonable time not to exceed 30 days. The usual penalty shall be: 1st offense - an administrative fine of $100 to $500 and a reprimand; 2nd offense - an administrative fine of $500 to $1,000, an increase in the amount of bond required, probation and successful completion of the licensure examination; 3rd offense - an administrative fine of $1,000 and license revocation.
(d) Failure to pay money belonging to another which has come into the control of an auctioneer or auction business through an auction, within a reasonable time not to exceed 30 days. The usual penalty shall be: 1st offense - an administrative fine of $500 to $1,000, probation and/or license suspension; 2nd offense - an administrative fine of $1,000, suspension and an increase in the amount of bond required; 3rd offense - an administrative fine of $1,000 and license revocation.
(e) False, deceptive, misleading, or untruthful advertising. The usual penalty shall be: 1st offense - an administrative fine of $100 to $500 and probation; 2nd offense - an administrative fine of $500 to $1,000 and license suspension; 3rd offense - an administrative fine of $1,000 and license revocation.
(f) Conduct in connection with a sales transaction which demonstrates bad faith or dishonesty. The usual penalty shall be: 1st offense - an administrative fine of $1,000 and license suspension followed by probation; 2nd offense - an administrative fine of $1,000, license suspension followed by probation and an increase in the amount of bond required; 3rd offense - an administrative fine of $1,000 and license revocation.
(g) Using or permitting the use of false bidders, cappers, or shills. The usual penalty shall be: 1st offense - an administrative fine of $1,000 and license suspension followed by probation; 2nd offense - an administrative fine of $1,000, license suspension followed by probation and an increase in the amount of bond required; 3rd offense - an administrative fine of $1,000 and license revocation.
(h) Making any material false statement on a license application. The usual penalty shall be denial of license or revocation of license and an administrative fine of $1,000.
(i) Commingling money or property of another person with his own. The usual penalty shall be: 1st offense - an administrative fine of $100 to $500 and a reprimand; 2nd offense - an administrative fine of $500 to $1,000, an increase in the amount of bond required, probation and successful completion of the licensure examination; 3rd offense - an administrative fine of $1,000 and license revocation.
(j) Refusal or neglect of any auctioneer or other receiver of public moneys to pay the moneys so received into the State Treasury at the times and under the regulations prescribed by law. The usual penalty shall be: 1st offense - an administrative fine of $500 to $1,000, probation and/or license suspension; 2nd offense - an administrative fine of $1,000, license suspension and an increase in the amount of bond required; 3rd offense - an administrative fine of $1,000 and license revocation.
(k) Violating any provision of Chapter 468, Part VI, F.S., Chapter 455, F.S., any rule of the Board or Department. The usual penalty shall be selected from the full range of penalties available to the Board and will be based upon the severity of the underlying offense.
(l) Violating any lawfully issued order of the Board or Department previously entered in a disciplinary hearing, or failure to comply with a lawfully issued subpoena of the Department. The usual penalty shall be an administrative fine of $1,000 and license suspension or revocation.
(m) Having a license to practice a comparable profession revoked, suspended, or otherwise acted against by another state, territory, or county. The usual penalty shall be commensurate with the penalty invoked by the other jurisdiction or a penalty consistent with these guidelines for the underlying offense committed in the other jurisdiction.
(n) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice or the ability to practice the profession of auctioneering. The usual penalty shall be an administrative fine of $1,000 and license suspension or revocation.
(2) Based upon consideration of aggravating or mitigating factors, present in an individual case, the Board may deviate from the penalties recommended in subsection (1) above. The Board shall consider as aggravating or mitigating factors the following:
(a) The severity of the offense;
(b) The danger to the public;
(c) The number of repetitions of offenses;
(d) The length of time since the violation;
(e) The number of times the licensee has been previously disciplined by the Board;
(f) The length of time licensee has practiced;
(g) The actual damage, physical or otherwise, caused by the violation;
(h) The deterrent effect of the penalty imposed;
(i) The effect of the penalty upon the licensee’s livelihood;
(j) Any effort of rehabilitation by the licensee;
(k) The actual knowledge of the licensee pertaining to the violation;
(l) Attempts by the licensee to correct or stop the violation or refusal by the licensee to correct or stop the violation;
(m) Related violations against the licensee in another state including findings of guilt or innocence, penalties imposed and penalties served;
(n) Actual negligence of the licensee pertaining to any violation;
(o) Penalties imposed for related offenses under subsection (1) above;
(p) Any other relevant mitigating or aggravating factors under the circumstances.
(3) Penalties imposed by the Board pursuant to subsection (1) above may be imposed in combination or individually, and are as follows:
(a) Refusal to certify to the Department an application for licensure.
(b) Revocation or suspension of a license.
(c) Imposition of an administrative fine not to exceed $1,000 for each count or separate offense.
(d) Requirement of bonding in amounts not to exceed $100,000 for auctioneers and $300,000 for auction businesses.
(e) Issuance of a reprimand.
(f) Placement of the licensee on probation for a period of time and subject to such conditions as the Board may specify, including requiring the auctioneer to successfully complete the licensure examination.
Specific Authority 455.2273(1) FS. Law Implemented 455.2273(1) FS. History-New 12-6-87, Formerly 21BB-1.030, 21BB-7.030, Amended 8-29-93.
61G2-7.040 Minor Violations.
For purposes of Section 455.225(3), F.S., the Board hereby deems the following violations to be minor:
(1) First time failure of an auctioneer or auction business to include the name and license number of such auctioneer and auction business in an advertisement, as required by Section 468.388(6), F.S.
(2) First time failure of an auctioneer or auction business to prominently display his license, or make it otherwise available for inspection, at each auction in which he participates, as required by Section 468.388(5), F.S.
(3) First time failure of an auctioneer and auction business to advertise an auction as absolute without specifying any and all items to be sold with reserve or with minimum bids as prohibited by Section 468.389(1)(d), F.S.
(4) First time failure of an auctioneer or auction business to file a change of address with the Board office within 30 days of the effective date of such change, as prohibited by Section 468.389(1)(d), F.S.
Specific Authority 455.225(3) FS. Law Implemented 455.225(3) FS. History-New 7-26-90, Formerly 21BB-1.0171, 21BB-7.040, Amended 8-29-93.
61G2-7.050 Citations.
(1) Definitions.
(a) “Citation” means an instrument which meets the requirements set forth in Section 455.224, F.S., and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule;
(b) “Subject” means the licensee, trainee, or applicant alleged to have committed a violation designated in this rule.
(2) In lieu of the disciplinary procedures contained in Section 455.225, F.S., the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation.
(3) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of Section 455.225, F.S., to be followed. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 455.225, F.S., shall apply.
(4) Pursuant to Section 455.224, F.S. (1991), the Board sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. The Board hereby designates the following as citation violation which shall result in a penalty of one hundred dollars ($100.00).
(a) Failure of an auctioneer or auction business to include the name and license number of such auctioneer or auction business in an advertisement as required by Section 468.388(6), F.S.
(b) Failure of an auctioneer or auction business to prominently display his license, or make it otherwise available for inspection, at each auction in which he participates as required by Section 468.388(6), F.S.
(c) First time failure of an auctioneer or auction business to advertise an auction as absolute without specifying any and all items to be sold with reserve
or with minimum bids as prohibited by Section 468.389(1)(d), F.S.
(d) First time failure of an auctioneer or auction business to file a change of address with the Board office within 30 days of the effective date of such change.
(5) Prior to issuance of the citation, the Department must confirm that the violation has been corrected or is in the process of being corrected. If the violation is a substantial threat to the public health, safety, and welfare, such potential for harm must be removed prior to issuance of the citation.
(6) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions of Chapter 119, F.S. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to Rule 61G2-7.030, F.A.C.
(7) The Board of Auctioneers shall, at the end of each calendar quarter, promulgate a report of the citations issued which report shall contain the violation, fine imposed, whether the subject complied with the citation upon it becoming a final order, and the number of subjects who chose to follow the procedures of Section 455.224, F.S.
Specific Authority 455.224, 468.384(2) FS. Law Implemented 455.224 FS. History-New 1-1-92, Formerly 21BB-1.019, 21BB-7.050, Amended 8-29-93, 3-8-94, 10-2-95.
61G2-7.060 Restitution.
Any restitution required as a condition of discipline shall not be dispersed from the auctioneer recovery program.
Specific Authority 468.389 FS. Law Implemented 468.389 FS. History-New 10-2-95.