reglab/housing_qa huggingface dataset:
FL Stat § 468.384 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.384 - Florida Board of Auctioneers.

468.384 Florida Board of Auctioneers.—(1) There is created in the department the Florida Board of Auctioneers. The board shall be composed of five members appointed by the Governor and confirmed by the Senate, two of whom shall have been actively and principally engaged as auctioneers for a period of not less than 5 years preceding their appointment, one of whom shall be a principal of an auction company, and two of whom shall be laypersons. Members shall serve for terms of 4 years.(2) The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this act conferring duties upon it.(3) The board shall receive and act upon applications for auctioneer, apprentice, and auction business licenses and shall have the power to issue, suspend, and revoke such licenses and to take such other action as is necessary to carry out the provisions of this act.History.—ss. 4, 11, 14, ch. 86-119; s. 62, ch. 91-137; s. 11, ch. 91-156; s. 4, ch. 91-429; s. 47, ch. 92-149; s. 137, ch. 94-218; s. 134, ch. 98-200.
FL Stat § 468.385 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.385 - Licenses required; qualifications; examination.

468.385 Licenses required; qualifications; examination.—(1) The department shall license any applicant who the board certifies is qualified to practice auctioneering.(2) No person shall auction or offer to auction any property in this state unless he or she is licensed by the department or is exempt from licensure under this act.(3) No person shall be licensed as an auctioneer or apprentice if he or she:(a) Is under 18 years of age; or(b) Has committed any act or offense in this state or any other jurisdiction which would constitute a basis for disciplinary action under s. 468.389.(4) Any person seeking a license as an auctioneer must pass a written examination approved by the board which tests his or her general knowledge of the laws of this state relating to provisions of the Uniform Commercial Code that are relevant to auctions, the laws of agency, and the provisions of this act.(5) Each apprentice application and license shall name a licensed auctioneer who has agreed to serve as the supervisor of the apprentice. No apprentice may conduct, or contract to conduct, an auction without the express approval of his or her supervisor. The supervisor shall regularly review the apprentice’s records, which are required by the board to be maintained, to determine if such records are accurate and current.(6) No person shall be licensed as an auctioneer unless he or she:(a) Has held an apprentice license and has served as an apprentice for 1 year or more, or has completed a course of study, consisting of not less than 80 classroom hours of instruction, that meets standards adopted by the board;(b) Has passed the required examination; and(c) Is approved by the board.(7)(a) Any auction that is subject to the provisions of this part must be conducted by an auctioneer who has an active license or an apprentice who has an active apprentice auctioneer license and who has received prior written sponsor consent.(b) No business shall auction or offer to auction any property in this state unless it is licensed as an auction business by the board or is exempt from licensure under this act. Each application for licensure shall include the names of the owner and the business, the business mailing address and location, and any other information which the board may require. The owner of an auction business shall report to the board within 30 days of any change in this required information.(8) A license issued by the department to an auctioneer, apprentice, or auction business is not transferable.History.—ss. 5, 14, ch. 86-119; s. 3, ch. 87-210; s. 62, ch. 91-137; s. 11, ch. 91-156; ss. 3, 16, ch. 91-207; s. 4, ch. 91-429; s. 17, ch. 94-119; s. 138, ch. 94-218; s. 11, ch. 97-94; s. 299, ch. 97-103; ss. 11, 15, ch. 2000-356.
FL Stat § 468.3851 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.3851 - Renewal of license.

468.3851 Renewal of license.—(1) The department shall renew a license upon receipt of the renewal application and fee.(2) The department shall adopt a procedure for the biennial renewal of licenses.History.—ss. 4, 9, ch. 87-210; ss. 62, 65, ch. 91-137; ss. 11, 12, ch. 91-156; s. 4, ch. 91-429; s. 200, ch. 94-119; s. 40, ch. 2015-4.
FL Stat § 468.3852 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.3852 - Reactivation of license; fee.

468.3852 Reactivation of license; fee.—The board shall prescribe a fee not to exceed $250 for the reactivation of an inactive license. The fee shall be in addition to the current biennial renewal fee.History.—ss. 5, 9, ch. 87-210; s. 41, ch. 89-162; ss. 62, 65, ch. 91-137; ss. 11, 12, ch. 91-156; s. 4, ch. 91-429; s. 201, ch. 94-119; s. 41, ch. 2015-4.
FL Stat § 468.3855 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.3855 - Apprenticeship training requirements.

468.3855 Apprenticeship training requirements.—(1) An auctioneer may not sponsor more than three apprentices at one time. Any auctioneer who serves as a sponsor must have held an active, valid license for 3 consecutive years preceding the date on which that auctioneer is named as sponsor of the apprentice.(2) Any auctioneer who undertakes the sponsorship of an apprentice shall ensure that the apprentice receives training as required by board rule.(3) An apprentice must actively participate in auction sales as required by board rule, and a record of each auction for which participation credit is claimed must be made as required by board rule.(4) Apprentices are prohibited from conducting any auction without the prior express written consent of the sponsor. The apprentice’s sponsor must be present at the auction site at any time the apprentice is actively participating in the conduct of the auction. If the apprentice’s sponsor cannot attend a particular auction, the sponsor may appoint a qualified auctioneer who meets the requirements of board rule to attend the auction in his or her place. Prior written consent must be given by the apprentice’s sponsor for each substitution.(5) Each apprentice and sponsor shall file reports as required by board rule.(6) A sponsor may not authorize an apprentice to conduct an auction or act as principal auctioneer unless the sponsor has determined that the apprentice has received adequate training to do so.(7) The sponsor shall be responsible for any acts or omissions of the apprentice which constitute a violation of law in relation to the conduct of an auction.(8) All apprentice applications shall be valid for a period of 6 months after board approval. Any applicant who fails to complete the licensure process within that time shall be required to make application as a new applicant.(9) Any licensed apprentice who wishes to change the sponsor under whom he or she is licensed must submit a new application and application fee. However, a new license fee shall not be required and credit shall be awarded for training received or any period of apprenticeship served under the previous sponsor.(10) Credit for training received or any period of apprenticeship served shall not be allowed unless it occurred under the supervision of the sponsor under whose supervision the apprentice is licensed.History.—s. 12, ch. 2000-356.
FL Stat § 468.386 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.386 - Fees; local licensing requirements.

468.386 Fees; local licensing requirements.—(1) The board by rule may establish application, examination, licensure, renewal, and other reasonable and necessary fees, based upon the department’s estimate of the costs to the board in administering this act.(2) An auctioneer shall obtain a local occupational license, if required, in the jurisdiction in which his or her permanent business or branch office is located. However, no local government or local agency may charge any other fee for the practice of auctioneering or require any auctioneer’s license in addition to the license required by this part.History.—ss. 6, 14, ch. 86-119; s. 6, ch. 87-210; s. 62, ch. 91-137; s. 11, ch. 91-156; s. 4, ch. 91-429; s. 300, ch. 97-103.
FL Stat § 468.387 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.387 - Licensing of nonresidents; endorsement; reciprocity.

468.387 Licensing of nonresidents; endorsement; reciprocity.—The department shall issue a license by endorsement to practice auctioneering to an applicant who, upon applying to the department and remitting the required fee, set by the board, demonstrates to the board that he or she satisfies the requirements of s. 468.385(3) and holds a valid license to practice auctioneering in another state, provided that the requirements for licensure in that state are substantially equivalent to or more stringent than those existing in this state. The endorsement and reciprocity provisions of this section shall apply to auctioneers only and not to professions or occupations regulated by other statutes.History.—ss. 7, 14, ch. 86-119; s. 7, ch. 87-210; s. 62, ch. 91-137; s. 11, ch. 91-156; ss. 4, 16, ch. 91-207; s. 4, ch. 91-429; s. 18, ch. 94-119; s. 11, ch. 97-94; s. 301, ch. 97-103.
FL Stat § 468.391 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.391 - Penalty.

468.391 Penalty.—Any auctioneer, apprentice, or auction business or any owner or manager thereof, or, in the case of corporate ownership, any substantial stockholder of the corporation owning the auction business, who operates without an active license or violates s. 468.389(1)(c), (e), (f), (h), or (i) commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.History.—ss. 12, 14, ch. 86-119; s. 62, ch. 91-137; s. 11, ch. 91-156; s. 7, ch. 91-207; s. 4, ch. 91-429; s. 15, ch. 2000-356; s. 4, ch. 2012-61.
FL Stat § 468.392 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.392 - Auctioneer Recovery Fund.

468.392 Auctioneer Recovery Fund.—There is created the Auctioneer Recovery Fund as a separate account in the Professional Regulation Trust Fund. The fund shall be administered by the Florida Board of Auctioneers.(1) The Chief Financial Officer shall invest the money not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited to the credit of the Auctioneer Recovery Fund and shall be available for the same purposes as other moneys deposited in the Auctioneer Recovery Fund.(2) All payments and disbursements from the Auctioneer Recovery Fund shall be made by the Chief Financial Officer upon a voucher signed by the Secretary of Business and Professional Regulation or the secretary’s designee.(3) If at any time the moneys in the Auctioneer Recovery Fund are insufficient to satisfy any valid claim or portion thereof, the board shall satisfy such unpaid claim or portion thereof as soon as a sufficient amount has been deposited in or transferred to the fund. When there is more than one unsatisfied claim outstanding, such claims shall be paid in the order in which the claims were made.(4) Upon the payment of any amount from the Auctioneer Recovery Fund in settlement of a claim in satisfaction of a judgment against an auctioneer or auction business as described in s. 468.395, the license of such auctioneer or auction business shall be automatically suspended until the licensee has complied with s. 468.398. A discharge of bankruptcy shall not relieve a person from the penalties and disabilities provided in this section.(5) Moneys in the fund at the end of a fiscal year shall be retained in the fund and shall accrue for the benefit of auctioneers and auction businesses. When the fund exceeds the amount as set forth in s. 468.393(2), all surcharges shall be suspended until such time as the fund is reduced below the amount as set forth in s. 468.393(3).History.—ss. 8, 17, ch. 91-207; s. 4, ch. 91-429; s. 139, ch. 94-218; s. 16, ch. 2000-356; s. 502, ch. 2003-261; s. 54, ch. 2005-152.
FL Stat § 468.393 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.393 - Surcharge to license fee; assessments.

468.393 Surcharge to license fee; assessments.—(1) At the time of licensure under s. 468.385, s. 468.3851, or s. 468.3852, each licensee shall pay, in addition to an application and license fee, a surcharge in an amount to be determined by the board, not to exceed $300, which shall be deposited in the Auctioneer Recovery Fund.(2) If the total amount in the Auctioneer Recovery Fund, including principal and interest, exceeds $500,000 at the end of the state fiscal year after the payment of all claims and expenses, the amount in excess of $500,000 shall remain in the fund for benefit of the licensees in tolling the surcharge until such time as the surcharge shall need replenishing.(3) After October 1, 1995, if the total amount in the Auctioneer Recovery Fund, including principal and interest, is less than $200,000 at the end of the fiscal year after the payment of all claims and expenses, the board shall assess, in addition to any other fees under s. 468.3852, a surcharge against a licensee at the time of initial licensure or at the time of license renewal, according to the following formula in order to maintain the fund at $500,000:(a) Determine the amount remaining in the fund at the end of the state fiscal year after all expenses and claims have been paid.(b) Subtract the amount determined under paragraph (a) from $500,000.(c) Determine the number of initial licenses and license renewals in the fiscal year that precedes the current fiscal year.(d) Divide the amount determined under paragraph (b) by the number determined under paragraph (c).(4) The board shall assess the surcharge described in subsection (3) against each licensee who receives an initial license or receives a renewal license during the fiscal year that follows the year in which the amount remaining in the fund was less than $200,000.History.—ss. 9, 17, ch. 91-207; s. 4, ch. 91-429; s. 130, ch. 92-149.
FL Stat § 468.394 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.394 - Interest credited; payment of expenses.

468.394 Interest credited; payment of expenses.—Any interest earned or investment of money in the Auctioneer Recovery Fund shall be credited at least semiannually to the fund. No money may be appropriated from the General Revenue Fund for payment of any expenses incurred under this part, and none of these expenses may be charged against the state.History.—ss. 10, 17, ch. 91-207; s. 4, ch. 91-429.
FL Stat § 468.396 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.396 - Claims against a single licensee in excess of dollar limitation; joinder of claims, payment; insufficient funds.

468.396 Claims against a single licensee in excess of dollar limitation; joinder of claims, payment; insufficient funds.—(1) If the payment in full of two or more pending valid claims that have been filed by aggrieved persons against a single licensee would exceed the $50,000 limit as set forth in s. 468.395, the $50,000 shall be distributed among the aggrieved persons in the ratio that their respective claims bear to the aggregate of all valid claims or in any other manner that a court of record may determine to be equitable. Such money shall be distributed among the persons entitled to share in it without regard to the order of priority in which their respective judgments have been obtained or their claims have been filed.(2) Upon petition of the board, the court may require all claimants and prospective claimants against one licensee to be joined in one action, to the end that the respective rights of all the claimants to the board may be equitably adjudicated and settled.(3) On June 30 and December 31 of each year, the board shall identify each claim that the court orders to be paid during the 6-month period that ended on that day. The board shall pay the part of each claim that is so identified within 15 days after the end of the 6-month period in which the claim is ordered paid. However, if the balance in the fund is insufficient to pay the full payable amount of each claim that is ordered to be paid during a 6-month period, the board shall pay a prorated portion of each claim that is ordered to be paid during the period. Any part of the payable amount of a claim left unpaid due to the prorating of payments under this subsection shall be paid, subject to the $50,000 limit described in s. 468.395, before the payment of claims ordered to be paid during the following 6 months.History.—ss. 12, 17, ch. 91-207; s. 4, ch. 91-429.
FL Stat § 468.397 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.397 - Payment of claim.

468.397 Payment of claim.—Upon a final order of the court directing that payment be made out of the Auctioneer Recovery Fund, the board shall, subject to the provisions of this part, make the payment out of the Auctioneer Recovery Fund as provided in s. 468.395.History.—ss. 13, 17, ch. 91-207; s. 4, ch. 91-429; s. 18, ch. 2000-356.
FL Stat § 468.398 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.398 - Suspension of judgment debtor’s license; repayment by licensee; interest.

468.398 Suspension of judgment debtor’s license; repayment by licensee; interest.—If the board is required to make any payment from the Auctioneer Recovery Fund in settlement of a claim or toward the satisfaction of a judgment under this part, the board shall suspend the judgment debtor’s license. The licensee is not eligible to be licensed again as either an auctioneer or auction business until the licensee has repaid in full the amount paid from the Auctioneer Recovery Fund, with interest at the current applicable rate.History.—ss. 14, 17, ch. 91-207; s. 4, ch. 91-429.
FL Stat § 468.399 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VI - Auctioneers (Ss. 468.381-468.399)|468.399 - Expenditure of excess funds.

468.399 Expenditure of excess funds.—Subject to the approval of the board with the concurrence of the department, the board may expend excess moneys from the Auctioneer Recovery Fund to fund publications that provide:(1) Information concerning the board’s activities and administrative rulings.(2) Distribution of laws, rules, and educational information concerning the practice of auctioneering.History.—ss. 15, 17, ch. 91-207; s. 4, ch. 91-429.
FL Stat § 468.401 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 468 - Miscellaneous Professions and Occupations|Part VII - Talent Agencies (Ss. 468.401-468.415)|468.401 - Regulation of talent agencies; definitions.

468.401 Regulation of talent agencies; definitions.—As used in this part or any rule adopted pursuant hereto:(1) “Talent agency” means any person who, for compensation, engages in the occupation or business of procuring or attempting to procure engagements for an artist.(2) “Owner” means any partner in a partnership, member of a firm, or principal officer or officers of a corporation, whose partnership, firm, or corporation owns a talent agency, or any individual who is the sole owner of a talent agency.(3) “Compensation” means any one or more of the following:(a) Any money or other valuable consideration paid or promised to be paid for services rendered by any person conducting the business of a talent agency under this part;(b) Any money received by any person in excess of that which has been paid out by such person for transportation, transfer of baggage, or board and lodging for any applicant for employment; or(c) The difference between the amount of money received by any person who furnishes employees, performers, or entertainers for circus, vaudeville, theatrical, or other entertainments, exhibitions, engagements, or performances and the amount paid by him or her to such employee, performer, or entertainer.(4) “Engagement” means any employment or placement of an artist, where the artist performs in his or her artistic capacity. However, the term “engagement” shall not apply to procuring opera, music, theater, or dance engagements for any organization defined in s. 501(c)(3) of the Internal Revenue Code or any nonprofit Florida arts organization that has received a grant from the Division of Arts and Culture of the Department of State or has participated in the state touring program of the Division of Arts and Culture.(5) “Department” means the Department of Business and Professional Regulation.(6) “Operator” means the person who is or who will be in actual charge of a talent agency.(7) “Buyer” or “employer” means a person, company, partnership, or corporation that uses the services of a talent agency to provide artists.(8) “Artist” means a person performing on the professional stage or in the production of television, radio, or motion pictures; a musician or group of musicians; or a model.(9) “Person” means any individual, company, society, firm, partnership, association, corporation, manager, or any agent or employee of any of the foregoing.(10) “License” means a license issued by the Department of Business and Professional Regulation to carry on the business of a talent agency under this part.(11) “Licensee” means a talent agency which holds a valid unrevoked and unforfeited license issued under this part.History.—ss. 1, 15, ch. 86-292; s. 1, ch. 87-325; s. 1, ch. 88-44; s. 1, ch. 89-66; s. 1, ch. 90-202; s. 63, ch. 91-137; s. 13, ch. 91-156; s. 4, ch. 91-429; s. 20, ch. 94-119; s. 140, ch. 94-218; s. 305, ch. 97-103; s. 20, ch. 2021-71.