The Board proposes to repeal the rules after a comprehensive rule review in accordance with executive orders. Fla. Exec. Order No. 11-211 (Oct. 19, 2011), superseding Fla. Exec. Order No. 11-72 (Apr. 8, 2011), superseding Fla. Exec. Order No. 11-01 (...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Auctioneers

RULE NO.: RULE TITLE:
61G2-5.003: Client Funds and Sale Proceeds
61G2-5.004: Advertising

PURPOSE AND EFFECT: The Board proposes to repeal the rules after a comprehensive rule review in accordance with executive orders. Fla. Exec. Order No. 11-211 (Oct. 19, 2011), superseding Fla. Exec. Order No. 11-72 (Apr. 8, 2011), superseding Fla. Exec. Order No. 11-01 (Jan. 4, 2011).

SUMMARY: Both rules are duplicative of existing statutes and unnecessary. §§ 468.388 (10), (11), Fla. Stat. (2011).

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST:

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 Cost (SERC) was not necessary and that these rule amendments will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time. The Board has determined that this will not have an adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule.

Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 468.384(2) FS.
LAW IMPLEMENTED: 468.388(6), 468.389(1)(c), (d), (e), (h), (j) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

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:

61G2-5.003 Client Funds and Sale Proceeds.

Rulemaking Specific Authority 468.384(2) FS. Law Implemented 468.389(1)(c), (e), (h) FS. History–New 5-6-87, Formerly 21BB-5.003, Amended 10-12-93, 10-2-95, Repealed________.

 

61G2-5.004 Advertising.

Rulemaking Specific Authority 468.384(2) FS. Law Implemented 468.388(6), 468.389(1)(d), (j) FS. History–New 10-19-87, Formerly 21BB-5.004, Amended 10-12-93, 4-9-01, Repealed________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Auctioneers

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Auctioneers

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 30, 2011