61G2-4.001. Apprenticeship Training Requirements

(1) No auctioneer may sponsor more than 3 apprentices at one time. Any auctioneer who serves as a sponsor shall have held a valid Florida auctioneers license for three consecutive years preceding the date on which that auctioneer is named as sponsor of the apprentice.

(2) Any auctioneer who undertakes the sponsorship of an apprentice shall insure that the apprentice receives training in the following:

(a) The laws of this State relating to the provisions of the Uniform Commercial Code that are relevant to auctions, chapter 455 and part VI of chapter 468, F.S., and the rules promulgated thereunder.

(b) The proper conduct of all phases of auction including, but not limited to:

1. Drafting and executing a contract for auction services with the seller;

2. Preparation and lot division of goods to be sold;

3. Preparation of an advertising plan including an advertising budget and preparation of advertisements in various media;

4. The actual conduct of the auction sale, including bid calling;

5. Record keeping at the auction sale including the item, or lot number, purchase number and final selling price of items or lots sold;

6. Preparation and completion of the final settlement after the auction sale; and

7. Maintenance of records required by law.

(3) An apprentice must actively participate in at least eighty hours of auction sales during a one-year period of apprenticeship. Each apprentice must actively participate in each phase of an auction delineated by this rule at least five times during the apprenticeship. A record of each auction for which participation credit is claimed must be made on a form provided by the Department and must be filed with the application for auctioneer license examination required by this rule. The following information must be provided:

(a) The date, time and location of the auction;

(b) The name, address and license number of the apprentice and sponsor;

(c) The name and license number of the auction business under which the auction was held;

(d) The phases of the auction for which the apprentice claims active participation credit;

(e) If the auction was conducted by an apprentice, a notation of this fact along with a copy of the sponsor's written consent required by this rule.

(4) Apprentices are prohibited from conducting any auction without the prior express written consent of the sponsor. The apprentice's sponsor must be present at the auction site at any time the apprentice is actively participating in the conducting of the auction. In the event the apprentice’s sponsor cannot attend a particular auction, he may appoint a qualified auctioneer who meets the requirements of subsection 61G2-4.001(1), F.A.C., to act in his stead. Prior written consent must be given by the apprentice's sponsor for each such substitution.

(5) Each apprentice and sponsor shall file a report on a form provided by the Department at least 60 days prior to expiration of the apprentice's license, at the time of termination of any sponsorship and at the time of the apprentice’s application for licensure as an auctioneer. This report shall contain the following information:

(a) The result of the sponsor’s reviews of apprentice records required by this rule and if an apprentice has functioned as a principal auctioneer, by rule 61G2-5.001, F.A.C.

(b) Any violation by the apprentice of chapter 455, F.S., or chapter 468, Part VI, F.S., or the rules promulgated thereunder.

(c) Reports required by this rule of apprentice participation in auctions.

(6) No sponsor shall authorize an apprentice to conduct an auction or act as principal auctioneer unless the sponsor has determined that the apprentice has received adequate training to do so.

(7) The sponsor shall be responsible for any acts or omissions of the apprentice which constitute a violation of the laws of this state relating to commercial transactions, chapters 455 and 468, part VI, F.S., and the rules promulgated thereunder.

(8) For the purpose of issuance of a license, all apprentice applications will be valid for a period of six months after Board approval. Any applicant who fails to complete the licensure process within that time shall be required to make application as a new applicant.

Rulemaking Authority 468.384(2), 468.385(6)(a) FS. Law Implemented 468.382(3), 468.385 FS. History–New 5-4-87, Amended 12-3-90, Formerly 21BB-4.001, Amended 10-13-93, 10-2-95, 2-19-19.