Florida Statutes Part VI - Auctioneers (Ss. 468.381-468.399)

• 468.381 - Purpose.
  The Legislature finds that unqualified auctioneers and apprentices and unreliable auction businesses present a significant threat to the public. It is the intent of the...
• 468.382 - Definitions.
  As used in this act, the term:(1) “Auction business” means a sole proprietorship, partnership, or corporation which in the regular course of business arranges, manages, sponsors,...
• 468.383 - Exemptions.
  This act does not apply to the following:(1) Auctions conducted by the owner, or the owner’s attorney, of any part of the property being offered, unless...
• 468.384 - Florida Board Of Auctioneers.
  (1) There is created in the department the Florida Board of Auctioneers. The board shall be composed of five members appointed by the Governor and confirmed...
• 468.385 - Licenses Required; Qualifications; Examination.
  (1) The department shall license any applicant who the board certifies is qualified to practice auctioneering.(2) No person shall auction or offer to auction any property in...
• 468.3851 - Renewal Of License.
  (1) The department shall renew a license upon receipt of the renewal application and fee.(2) The department shall adopt a procedure for the biennial renewal of licenses.History.—ss....
• 468.3852 - Reactivation Of License; Fee.
  The board shall prescribe a fee not to exceed $250 for the reactivation of an inactive license. The fee shall be in addition to the...
• 468.3855 - Apprenticeship Training Requirements.
  (1) An auctioneer may not sponsor more than three apprentices at one time. Any auctioneer who serves as a sponsor must have held an active, valid...
• 468.386 - Fees; Local Licensing Requirements.
  (1) The board by rule may establish application, examination, licensure, renewal, and other reasonable and necessary fees, based upon the department’s estimate of the costs to...
• 468.387 - Licensing Of Nonresidents; Endorsement; Reciprocity.
  The department shall issue a license by endorsement to practice auctioneering to an applicant who, upon applying to the department and remitting the required fee,...
• 468.388 - Conduct Of An Auction.
  (1) Prior to conducting an auction in this state, an auctioneer or auction business shall execute a written agreement with the owner, or the agent of...
• 468.389 - Prohibited Acts; Penalties.
  (1) The following acts shall be grounds for the disciplinary activities provided in subsections (2) and (3):(a) A violation of any law relating to trade or commerce...
• 468.391 - Penalty.
  Any auctioneer, apprentice, or auction business or any owner or manager thereof, or, in the case of corporate ownership, any substantial stockholder of the corporation...
• 468.392 - Auctioneer Recovery Fund.
  There is created the Auctioneer Recovery Fund as a separate account in the Professional Regulation Trust Fund. The fund shall be administered by the Florida...
• 468.393 - Surcharge To License Fee; Assessments.
  (1) At the time of licensure under s. 468.385, s. 468.3851, or s. 468.3852, each licensee shall pay, in addition to an application and license fee,...
• 468.394 - Interest Credited; Payment Of Expenses.
  Any interest earned or investment of money in the Auctioneer Recovery Fund shall be credited at least semiannually to the fund. No money may be...
• 468.395 - Conditions Of Recovery; Eligibility.
  (1) Recovery from the Auctioneer Recovery Fund may be obtained as follows:(a) Any aggrieved person is eligible to receive recovery from the Auctioneer Recovery Fund if the...
• 468.396 - Claims Against A Single Licensee In Excess Of Dollar Limitation; Joinder Of Claims, Payment; Insufficient Funds.
  (1) If the payment in full of two or more pending valid claims that have been filed by aggrieved persons against a single licensee would exceed...
• 468.397 - Payment Of Claim.
  Upon a final order of the court directing that payment be made out of the Auctioneer Recovery Fund, the board shall, subject to the provisions...
• 468.398 - Suspension Of Judgment Debtor’s License; Repayment By Licensee; Interest.
  If the board is required to make any payment from the Auctioneer Recovery Fund in settlement of a claim or toward the satisfaction of a...
• 468.399 - Expenditure Of Excess Funds.
  Subject to the approval of the board with the concurrence of the department, the board may expend excess moneys from the Auctioneer Recovery Fund to...

Last modified: September 23, 2016