The Board proposes the rule amendments to address violations and penalties in the disciplinary guidelines for auctioneers.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Auctioneers

RULE NO.: RULE TITLE:
61G2-7.030: Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes the rule amendments to address violations and penalties in the disciplinary guidelines for auctioneers.
SUMMARY: The proposed rule amendments are necessary to update the disciplinary guidelines for violations and penalties relating to auctioneers.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 455.2273(1) FS.
LAW IMPLEMENTED: 455.2273(1) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony Spivey, Executive Director, Board of Auctioneers, 1940 North Monroe Street, Tallahassee, Florida 32399-0754

THE FULL TEXT OF THE PROPOSED RULE IS:

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) through (n) No change.

(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 nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction:

1.  FIRST OFFENSE

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

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

2. SECOND OFFENSE:

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

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

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

(2) No change.

Rulemaking 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,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Auctioneers
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Auctioneers
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 28, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2012