Fla. Admin. Code R. 61G2-7.030

Current through Reg. 50, No. 222; November 13, 2024

Section 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:

VIOLATION	PENALTY RANGE
VIOLATION	FIRST OFFENSE	SECOND AND SUBSEQUENT OFFENSES
(a) Violation of any law relating to trade or commerce of this state or of the state in which an auction is conducted. (Ref: 468.389(1)(a), F.S.)	An administrative fine of up to $1,000 and the successful completion of the licensure exam.	An administrative fine of $1,000 and/or license suspension or revocation.
(b) Misrepresentation of property for sale at auction or making false promises concerning the use, value, or condition of such property by an auctioneer or auction business or by anyone acting as an agent of or with the consent of the auctioneer or auction business. (Ref: 468.389(1)(b), F.S.)	Administrative fine up to $1,000, a reprimand and probation and/or license suspension.	Administrative fine of $1,000 and/or license suspension or revocation.
(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. (Ref: 468.389(1)(c), F.S.)	Administrative fine of $250 to $1,000, a reprimand, and/or license suspension.	Administrative fine of $1,000, probation, successful completion of the licensure examination, and/or license suspension or 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. (Ref: 468.389(1)(c), F.S.)	An administrative fine of $500 to $1,000, probation, and/or license suspension or revocation.	Administrative fine of $1,000 and/or license suspension or revocation.
(e) False, deceptive, misleading, or untruthful advertising. (Ref: 468.389(1)(d), F.S.)	An administrative fine of $250 to $1,000 and/or probation.	Administrative fine of $1,000 and/or license suspension or revocation.
(f) Conduct in connection with a sales transaction which demonstrates bad faith or dishonesty. (Ref: 468.389(1)(e), F.S.)	An administrative fine of $1,000 and/or license suspension followed by probation.	An administrative fine of $1,000 and/or license suspension or license revocation.
(g) Using or permitting the use of false bidders, cappers, or shills. (Ref: 468.389(1)(f), F.S.)	An administrative fine of $1,000 and/or license suspension followed by probation.	An administrative fine of $1,000 and/or license suspension followed by probation or license revocation.
(h) Making any material false statement on a license application. (Ref: 468.389(1)(g), F.S.)	Denial or revocation of license and/or an administrative fine of $1,000.
(i) Commingling money or property of another person with his or her own. (Ref: 468.389(1)(h), F.S.)	An administrative fine of up to $1,000 and a reprimand.	Administrative fine of $1,000, successful completion of the licensure examination and/or license suspension or 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. (Ref: 468.389(1)(i), F.S.)	An administrative fine of $1,000, probation, and/or license suspension or revocation.
(k) Violating a statute or administrative rule regulating practice under Chapter 468, Part VI, F.S. (Ref: 468.389(1)(j), F.S.)	An administrative fine of $1,000, probation, license suspension, and/or license revocation based on the severity of the underlying offense.
(l) Violating any lawfully issued order of the Board or Department previously entered in a disciplinary hearing. (Ref: 468.389(1)(j), F.S.)	An administrative fine of $1,000 and/or license suspension or revocation.
(m) Having a license to practice a comparable profession revoked, suspended, or otherwise acted against by another state, territory, or country. (Ref: 468.389(1)(k), F.S.)	The penalty shall be commensurate with the penalty invoked by the other jurisdiction or a penalty consistent with these guidelines for the underlying offense committed in the other jurisdiction.
(n) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice or the ability to practice the profession of auctioneering. (Ref: 468.389(1)(l), F.S.)	An administrative fine of $1,000 and/or license suspension or revocation.

(2) Based upon consideration of aggravating or mitigating factors, present in an individual case, the Board may deviate from the penalties recommended in subsection (1), above. The Board shall consider as aggravating or mitigating factors the following:

(a) The severity of the offense;

(b) The danger to the public;

(c) The number of repetitions of offenses;

(d) The length of time since the violation;

(e) The number of times the licensee has been previously disciplined by the Board;

(f) The length of time licensee has practiced;

(g) The actual damage, physical or otherwise, caused by the violation;

(h) The deterrent effect of the penalty imposed;

(i) The effect of the penalty upon the licensee's livelihood;

(j) Any effort of rehabilitation by the licensee;

(k) The actual knowledge of the licensee pertaining to the violation;

(l) Attempts by the licensee to correct or stop the violation or refusal by the licensee to correct or stop the violation;

(m) Related violations against the licensee in another state including findings of guilt or innocence, penalties imposed and penalties served;

(n) Actual negligence of the licensee pertaining to any violation;

(o) Penalties imposed for related offenses under subsection (1), above.

(3) Penalties imposed by the Board pursuant to subsection (1), above, may be imposed in combination or individually, and are as follows:

(a) Refusal to certify to the Department an application for licensure.

(b) Revocation or suspension of a license.

(c) Imposition of an administrative fine not to exceed $1,000 for each count or separate offense.

(d) Requirement of bonding in amounts not to exceed $100,000 for auctioneers and $300,000 for auction businesses.

(e) Issuance of a reprimand.

(f) Placement of the licensee on probation for a period of time and subject to such conditions as the Board may specify, including requiring the auctioneer to successfully complete the licensure examination.

Fla. Admin. Code Ann. R. 61G2-7.030

Rulemaking Authority 455.2273(1), 455.273(2), 468.384(2) FS. Law Implemented 455.227, 455.2273(1), (2), (3), 468.389 FS.

New 12-6-87, Formerly 21BB-1.030, 21BB-7.030, Amended 8-29-93, 12-23-12, Amended by Florida Register Volume 45, Number 024, February 5, 2019 effective 2/20/2019, Amended by Florida Register Volume 46, Number 224, November 17, 2020 effective 12/3/2020, Amended by Florida Register Volume 50, Number 090, May 7, 2024 effective 5/23/2024.

New 12-6-87, Formerly 21BB-1.030, 21BB-7.030, Amended 8-29-93, 12-23-12, 2-20-19, 12-3-20.