One2GlobalCorp; The Notice of Petition for Declaratory Statement was published in Volume 40 No. 31, of the February 2, 2014, Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on March 7, 2014. ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Auctioneers

NOTICE OF DISPOSITION

The Board of Auctioneers hereby gives notice of the issuance of an Order regarding the Petition for Declaratory Statement for One2GlobalCorp, filed on January 31, 2014. The Notice of Petition for Declaratory Statement was published in Vol. 40, No. 31, of the February 2, 2014, Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on March 7, 2014. The petition was seeking the Board’s interpretation of Chapter 48.382(1), (8), Section 468.383(8), and Section 468.385(2), Florida Statutes, and whether providing services by the Petitioner both together and separate, for the remarketing of a Canadian technological company’s proprietary software and technology for the Franchised motor vehicle dealers, that is run in Canada, only through the internet and with servers in Canada, where the franchised dealer will execute a direct selling contract with the buyer, receive payment from the buyer and deliver the vehicle to the buyer, classified as an auction for the Petitioner both together or separate, for these services.

The Board’s Order, filed on July 3, 2014, Based on the facts set forth in the Petition and the sworn testimony provided by the Board and being otherwise advised in the premises, the Board responds to this Petition in the negative. The Board solely addresses the question propounded by the Petitioner. The Board’s conclusion is based solely on the Board’s application of the narrow factual circumstances outlined in the Petition to the pertinent statutory provisions set forth in the Petition. The Petitioner soliciting (directly or through and Overseas Company) Franchised Dealer’s subscription and use of LAG’s software interface for selling new and used cars to the public over the internet would not be the conduct of “Auction business” requiring licensure and would not be otherwise violative of Section 438.385(2), (8), Section 468.383(8), and Section 468.385(2), Florida Statutes.

The petition submitted is applicable to one person rather than to all licensees similarly situated and is appropriate for determination by means of a declaratory statement.

A copy of the Board's Order may be obtained by contacting: Daniel Biggins, Executive Director, Board of Auctioneers, 1940 North Monroe Street, Tallahassee, Florida 32399-0790 or at [e-mail].