61G2-7.030. Disciplinary Guidelines  


Effective on Wednesday, February 20, 2019
  • 1(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 30468.389, F.S., 32it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

    50(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.

    124(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.

    214(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, probation and successful completion of the licensure examination; 3rd offense – an administrative fine of $1,000 and license revocation.

    296(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; 3rd offense – an administrative fine of $1,000 and license revocation.

    370(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.

    420(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.

    489(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; 3rd offense – an administrative fine of $1,000 and license revocation.

    547(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.

    576(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, probation and successful completion of the licensure examination; 3rd offense – an administrative fine of $1,000 and license revocation.

    636(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; 3rd offense – an administrative fine of $1,000 and license revocation.

    712(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.

    759(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.

    804(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.

    855(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.

    901(o) Failing to timely report in writing to the board within 30 days after the licensee is convicted or found guilty of, or entered a plea of 928nolo contendere 930or guilty to, regardless of adjudication, a crime in any jurisdiction:

    9411. FIRST OFFENSE:

    944a. Misdemeanor: A fine from $100.00 to $250.00; probation not to exceed 6 months.

    958b. Felony: reprimand: a fine from $500.00 to $1,000.00; suspension with conditions of reinstatement or revocation.

    9752. SECOND OFFENSE:

    978a. Misdemeanor: reprimand; a fine from $500.00 to $1000.00; a period of suspension with conditions for reinstatement or revocation.

    997b. Felony: revocation and a fine of $1000.00.

    10053. THIRD OFFENSE: a third misdemeanor offense shall be a fine of $1000.00 and revocation.

    1020(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:

    1057(a) The severity of the offense;

    1063(b) The danger to the public;

    1069(c) The number of repetitions of offenses;

    1076(d) The length of time since the violation;

    1084(e) The number of times the licensee has been previously disciplined by the Board;

    1098(f) The length of time licensee has practiced;

    1106(g) The actual damage, physical or otherwise, caused by the violation;

    1117(h) The deterrent effect of the penalty imposed;

    1125(i) The effect of the penalty upon the licensee’s livelihood;

    1135(j) Any effort of rehabilitation by the licensee;

    1143(k) The actual knowledge of the licensee pertaining to the violation;

    1154(l) Attempts by the licensee to correct or stop the violation or refusal by the licensee to correct or stop the violation;

    1176(m) Related violations against the licensee in another state including findings of guilt or innocence, penalties imposed and penalties served;

    1196(n) Actual negligence of the licensee pertaining to any violation;

    1206(o) Penalties imposed for related offenses under subsection (1), above;

    1216(p) Any other relevant mitigating or aggravating factors under the circumstances.

    1227(3) Penalties imposed by the Board pursuant to subsection (1), above, may be imposed in combination or individually, and are as follows:

    1249(a) Refusal to certify to the Department an application for licensure.

    1260(b) Revocation or suspension of a license.

    1267(c) Imposition of an administrative fine not to exceed $1,000 for each count or separate offense.

    1284(d) Requirement of bonding in amounts not to exceed $100,000 for auctioneers and $300,000 for auction businesses.

    1303(e) Issuance of a reprimand.

    1308(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.

    1340Rulemaking Authority 1342455.2273(1), 1343455.273(2), 1344468.384(2) FS. 1346Law Implemented 1348455.227, 1349455.2273(1), 1350(2), (3), 1352468.389 FS. 1354History–New 12-6-87, Formerly 21BB-1.030, 21BB-7.030, Amended 8-29-93, 12-23-12, 2-20-19.