The proposed amendment will update the text of the existing rule.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Auctioneers

RULE NO.:RULE TITLE:

61G2-7.030Disciplinary Guidelines

PURPOSE AND EFFECT: The proposed amendment will update the text of the existing rule.

SUMMARY: Update text.

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),455.273(2),468.384(2), FS.

LAW IMPLEMENTED: 455.227, 455.2273(1), (2), (3), 468.389, 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: Krista Woodard, Executive Director, Board of Auctioneers, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, [phone] or by electronic mail – [e-mail].

 

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 (b) No change. 

(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) through (f) No change

(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) No change.

(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) through (o) No change. 

(2) through (3) No change. 

Rulemaking Authority 455.2273(1), 455.273(2), 468.384(2) FS. Law Implemented 455.227, 455.2273(1), (2), (3), 468.389 FS. History–New 12-6-87, Formerly 21BB-1.030, 21BB-7.030, Amended 8-29-93, 12-23-12,                 .

 

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, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 14, 2018