Fla. Admin. Code R. 61G2-7.030
VIOLATION | PENALTY RANGE | |
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. | |
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.