The proposed amendment adds language to paragraph (4) for clarification purposes, in accordance with s. 468.383(7), F.S. A JAPC letter was received on October 23, 2023.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Auctioneers

RULE NO.:RULE TITLE:

61G2-5.005Definitions Applying to Exemptions

PURPOSE AND EFFECT: The proposed amendment adds language to paragraph (4) for clarification purposes, in accordance with s. 468.383(7), F.S. A JAPC letter was received on October 23, 2023.

SUMMARY: The proposed amendment adds language to paragraph (4) for clarification purposes, in accordance with s. 468.383(7), F.S. A JAPC letter was received on October 23, 2023.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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: 468.384(2) FS.

LAW IMPLEMENTED: 468.383 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: Stacey Buccieri, Executive Director, Auctioneers’ Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-0771.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G2-5.005 Definitions Applying to Exemptions.

For the purpose of exemption from the requirements of Chapter 468, Part VI, F.S., the following definitions apply:

(1) through (3) No Change.

(4) The phrase “auctions conducted as part of the sale of real property by a real estate broker” means that any property so auctioned is included in the bids and sale price of the real property.

(5) No Change.

Rulemaking Authority 468.384(2) FS. Law Implemented 468.383 FS. History–New 5-6-87, Formerly 21BB-5.005, Amended 10-12-93, ____________.

 

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: January 17, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 27, 2024