reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part V - Respiratory Therapy (Ss. 468.35-468.369) › 468.354 - Board of Respiratory Care; organization; function.

468.354 Board of Respiratory Care; organization; function.—
(1) There is created within the department, the Board of Respiratory Care, composed of seven members appointed by the Governor and confirmed by the Senate.
(2) The board shall include:
(a) A registered respiratory therapist.
(b) A certified respiratory therapist.
(c) A respiratory care professional from each of the following areas:
1. Respiratory care education.
2. Respiratory care management and supervision.
3. Homecare/subacute.
(d) Two consumer members, who are residents of this state and have never been licensed as health care practitioners.
Each respiratory care professional on the board must have been actively engaged in the delivery of respiratory care services in this state for at least 4 consecutive years prior to appointment.
(3)(a) Except as provided in paragraph (b), the term of office for each board member shall be 4 years. No member shall serve for more than two consecutive terms. Any time there is a vacancy to be filled, all professional organizations dealing with respiratory therapy incorporated within the state as not for profit which register their interest shall recommend at least twice as many persons to fill the vacancy as the number of vacancies to be filled, and the Governor may appoint from the submitted list, in his or her discretion, any of those persons so recommended. The Governor shall, insofar as possible, appoint persons from different geographical areas.
(b) To achieve staggering of terms, within 120 days after July 1, 1999, the Governor shall appoint the board members as follows:
1. Two members shall be appointed for terms of 2 years.
2. Two members shall be appointed for terms of 3 years.
3. Three members shall be appointed for terms of 4 years.
(c) All provisions of chapter 456, relating to boards apply to this part.
(4)(a) The board shall annually elect from among its members a chair and vice chair.
(b) The board shall meet at least twice a year and shall hold additional meetings as are deemed necessary. Four members of the council constitute a quorum.
(c) Unless otherwise provided by law, a board member shall be compensated $50 for each day he or she attends an official board meeting and for each day he or she participates in any other board business. A board member shall also be entitled to reimbursement for expenses pursuant to s. 112.061. Travel out of the state shall require the prior approval of the State Surgeon General.
(5) The board may recommend to the department a code of ethics for those persons licensed pursuant to this part.
History.—ss. 1, 2, 3, ch. 84-252; s. 3, ch. 86-60; s. 3, ch. 87-553; ss. 4, 5, ch. 91-429; s. 25, ch. 95-146; s. 292, ch. 97-103; s. 131, ch. 97-264; s. 57, ch. 99-5; s. 178, ch. 99-397; s. 11, ch. 2000-159; s. 142, ch. 2000-160; s. 80, ch. 2001-62; s. 93, ch. 2008-6.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part V - Respiratory Therapy (Ss. 468.35-468.369) › 468.355 - Licensure requirements.

468.355 Licensure requirements.—To be eligible for licensure by the board, an applicant must be an active “certified respiratory therapist” or an active “registered respiratory therapist” as designated by the National Board for Respiratory Care, or its successor.
History.—ss. 1, 3, ch. 84-252; s. 4, ch. 86-60; s. 4, ch. 91-429; s. 132, ch. 97-264; s. 179, ch. 99-397; s. 110, ch. 2001-277; s. 2, ch. 2004-299.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part V - Respiratory Therapy (Ss. 468.35-468.369) › 468.358 - Licensure by endorsement.

468.358 Licensure by endorsement.—
(1) Licensure as a certified respiratory therapist shall be granted by endorsement to an individual who holds the “Certified Respiratory Therapist” credential issued by the National Board for Respiratory Care or an equivalent credential acceptable to the board. Licensure by this mechanism requires verification by oath and submission of evidence satisfactory to the board that such credential is held.
(2) Licensure as a registered respiratory therapist shall be granted by endorsement to an individual who holds the “Registered Respiratory Therapist” credential issued by the National Board for Respiratory Care or an equivalent credential acceptable to the board. Licensure by this mechanism requires verification by oath and submission of evidence satisfactory to the board that such credential is held.
(3) An individual who has been granted licensure, certification, registration, or other authority, by whatever name known, to deliver respiratory care services in another state or country may petition the board for consideration for licensure in this state and, upon verification by oath and submission of evidence of licensure, certification, registration, or other authority acceptable to the board, may be granted licensure by endorsement.
(4) Licensure shall not be granted by endorsement as provided in this section without the submission of a proper application and the payment of the requisite fees therefor.
History.—ss. 1, 3, ch. 84-252; s. 6, ch. 86-60; s. 4, ch. 91-429; s. 135, ch. 97-264; s. 112, ch. 2001-277.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part V - Respiratory Therapy (Ss. 468.35-468.369) › 468.359 - Assumption of title and use of abbreviations.

468.359 Assumption of title and use of abbreviations.—
(1) Only persons who are licensed pursuant to this part as respiratory care practitioners have the right to use the title “Respiratory Care Practitioner” and the abbreviation “RCP.”
(2) Only persons who are licensed pursuant to this part as registered respiratory therapists have the right to use the title “Registered Respiratory Therapist” and the abbreviation “RRT” when delivering services pursuant to this part.
(3) Only persons who are licensed pursuant to this part as certified respiratory therapists have the right to use the title “Certified Respiratory Therapist” and the abbreviation “CRT” when delivering services pursuant to this part.
(4) No person in this state shall deliver respiratory care services; advertise as, or assume the title of, respiratory care practitioner, certified respiratory therapist, or registered respiratory therapist; or use the abbreviation “RCP,” “CRT,” or “RRT” that would lead the public to believe that such person is licensed pursuant to this part unless such person is so licensed; or take any other action that would lead the public to believe that such person is licensed pursuant to this part unless such person is so licensed.
History.—ss. 1, 3, ch. 84-252; s. 7, ch. 86-60; s. 4, ch. 91-429; s. 136, ch. 97-264; s. 113, ch. 2001-277.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part V - Respiratory Therapy (Ss. 468.35-468.369) › 468.36 - Current address.

468.36 Current address.—Every licensee shall file with the department the licensee’s current residence address as defined by board rule.
History.—ss. 1, 3, ch. 84-252; s. 4, ch. 91-429; s. 293, ch. 97-103; s. 137, ch. 97-264.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part V - Respiratory Therapy (Ss. 468.35-468.369) › 468.361 - Renewal of licensure; continuing education.

468.361 Renewal of licensure; continuing education.—
(1) The department shall provide by rule a method for the biennial renewal of licensure at fees set by the board.
(2) The board shall prescribe by rule continuing education requirements, not to exceed 24 hours biennially, as a condition for renewal of licensure. The program criteria with respect thereto shall be approved by the board.
(3) The board shall approve continuing education courses which may be accepted in meeting the requirements of this part. Providers of such courses shall also be approved by the board.
(4) The board may make exceptions from the requirements of this section in emergency or hardship cases.
History.—ss. 1, 3, ch. 84-252; s. 4, ch. 91-429; s. 197, ch. 94-119; s. 138, ch. 97-264.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part V - Respiratory Therapy (Ss. 468.35-468.369) › 468.363 - Reactivation of licensure; continuing education.

468.363 Reactivation of licensure; continuing education.—The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license may not exceed 12 classroom hours for each year the license was inactive.
History.—ss. 1, 3, ch. 84-252; s. 4, ch. 91-429; s. 198, ch. 94-119; s. 139, ch. 97-264.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part V - Respiratory Therapy (Ss. 468.35-468.369) › 468.364 - Fees; establishment; disposition.

468.364 Fees; establishment; disposition.—
(1) The board shall establish by rule fees for the following purposes:
(a) Application, a fee not to exceed $50.
(b) Initial licensure, a fee not to exceed $200.
(c) Renewal of licensure, a fee not to exceed $200 biennially.
(d) Renewal of inactive licensure, a fee not to exceed $50.
(e) Reactivation, a fee not to exceed $50.
(2) The fees established pursuant to subsection (1) shall be based upon the actual costs incurred by the department in carrying out its responsibilities under this part.
(3) All moneys collected by the department under this part shall be deposited as required by s. 456.025.
History.—ss. 1, 3, ch. 84-252; s. 5, ch. 87-553; s. 18, ch. 88-205; s. 4, ch. 91-429; s. 140, ch. 97-264; s. 84, ch. 98-166; s. 181, ch. 99-397; s. 143, ch. 2000-160.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part V - Respiratory Therapy (Ss. 468.35-468.369) › 468.366 - Penalties for violations.

468.366 Penalties for violations.—
(1) It is a violation of law for any person, including any firm, association, or corporation, to:
(a) Sell or fraudulently obtain, attempt to obtain, or furnish to any person a diploma, license, or record, or aid or abet in the sale, procurement, or attempted procurement thereof.
(b) Deliver respiratory care services, as defined by this part or by rule of the board, under cover of any diploma, license, or record that was illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation.
(c) Deliver respiratory care services, as defined by this part or by rule of the board, unless such person is duly licensed to do so under the provisions of this part or unless such person is exempted pursuant to s. 468.368.
(d) Use, in connection with his or her name, any designation tending to imply that he or she is a respiratory care practitioner or a respiratory therapist, duly licensed under the provisions of this part, unless he or she is so licensed.
(e) Advertise an educational program as meeting the requirements of this part, or conduct an educational program for the preparation of respiratory care practitioners or respiratory therapists, unless such program has been approved by the board.
(f) Knowingly employ unlicensed persons in the delivery of respiratory care services, unless exempted by this part.
(g) Knowingly conceal information relative to any violation of this part.
(2) Any violation of this section is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—ss. 1, 3, ch. 84-252; s. 9, ch. 86-60; s. 4, ch. 91-429; s. 296, ch. 97-103; s. 142, ch. 97-264; s. 58, ch. 2000-318.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part V - Respiratory Therapy (Ss. 468.35-468.369) › 468.367 - Injunctive relief.

468.367 Injunctive relief.—The department may, in its discretion, in lieu of or in addition to any remedy set forth in this part, file a proceeding in the name of the state seeking issuance of a restraining order, an injunction, or a writ of mandamus against any person who is or has been violating any of the provisions of this part or the lawful rules, orders, or subpoenas of the department or board.
History.—ss. 1, 3, ch. 84-252; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part V - Respiratory Therapy (Ss. 468.35-468.369) › 468.368 - Exemptions.

468.368 Exemptions.—This part may not be construed to prevent or restrict the practice, service, or activities of:
(1) Any person licensed in this state by any other law from engaging in the profession or occupation for which he or she is licensed.
(2) Any legally qualified person in the state or another state or territory who is employed by the United States Government or any agency thereof while such person is discharging his or her official duties.
(3) A friend or family member who is providing respiratory care services to an ill person and who does not represent himself or herself to be a respiratory care practitioner or respiratory therapist.
(4) An individual providing respiratory care services in an emergency who does not represent himself or herself as a respiratory care practitioner or respiratory therapist.
(5) Any individual employed to deliver, assemble, set up, or test equipment for use in a home, upon the order of a physician licensed pursuant to chapter 458 or chapter 459. This subsection does not, however, authorize the practice of respiratory care without a license.
(6) Any individual certified or registered as a pulmonary function technologist who is credentialed by the National Board for Respiratory Care for performing cardiopulmonary diagnostic studies.
(7) Any student who is enrolled in an accredited respiratory care program approved by the board, while performing respiratory care as an integral part of a required course.
(8) The delivery of incidental respiratory care to noninstitutionalized persons by surrogate family members who do not represent themselves as registered or certified respiratory care therapists.
(9) Any individual credentialed by the Underseas Hyperbaric Society in hyperbaric medicine or its equivalent as determined by the board, while performing related duties. This subsection does not, however, authorize the practice of respiratory care without a license.
History.—ss. 1, 3, ch. 84-252; s. 10, ch. 86-60; s. 6, ch. 87-553; s. 4, ch. 91-429; s. 297, ch. 97-103; s. 143, ch. 97-264; s. 3, ch. 2004-299.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part V - Respiratory Therapy (Ss. 468.35-468.369) › 468.369 - Payment or reimbursement by hospitals of costs of compliance with part.

468.369 Payment or reimbursement by hospitals of costs of compliance with part.—A hospital shall not be required to pay for or reimburse any person for the costs of compliance with any of the requirements of this part, including costs of continuing education.
History.—ss. 1, 3, ch. 84-252; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VI - Auctioneers (Ss. 468.381-468.399) › 468.381 - Purpose.

468.381 Purpose.—The Legislature finds that unqualified auctioneers and apprentices and unreliable auction businesses present a significant threat to the public. It is the intent of the Legislature to protect the public by creating a board to regulate auctioneers, apprentices, and auction businesses and by requiring a license to operate.
History.—ss. 1, 14, ch. 86-119; s. 62, ch. 91-137; s. 11, ch. 91-156; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VI - Auctioneers (Ss. 468.381-468.399) › 468.382 - Definitions.

468.382 Definitions.—As used in this act, the term:
(1) “Auction business” means a sole proprietorship, partnership, or corporation which in the regular course of business arranges, manages, sponsors, advertises, promotes, or carries out auctions, employs auctioneers to conduct auctions in its facilities, or uses or allows the use of its facilities for auctions.
(2) “Auctioneer” means any person licensed pursuant to this part who holds a valid Florida auctioneer license.
(3) “Apprentice” means any person who is being trained as an auctioneer by a licensed auctioneer.
(4) “Board” means the Florida Board of Auctioneers.
(5) “Department” means the Department of Business and Professional Regulation.
(6) “Livestock” means any animal included in the definition of “livestock” by s. 585.01 or s. 588.13.
(7) “Agricultural product” means the natural products from a farm, nursery, grove, orchard, vineyard, garden, or apiary, including livestock, tobacco, and vegetables and includes those agricultural products as defined in chapter 618.
(8) “Absolute auction” means an auction that requires no minimum opening bid that limits the sale other than to the highest bidder.
History.—ss. 2, 14, ch. 86-119; s. 66, ch. 90-321; s. 62, ch. 91-137; s. 11, ch. 91-156; s. 1, ch. 91-207; s. 4, ch. 91-429; s. 5, ch. 92-206; s. 3, ch. 92-291; s. 136, ch. 94-218; s. 10, ch. 2000-356.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VI - Auctioneers (Ss. 468.381-468.399) › 468.383 - Exemptions.

468.383 Exemptions.—This act does not apply to the following:
(1) Auctions conducted by the owner, or the owner’s attorney, of any part of the property being offered, unless the owner acquired the goods to resell.
(2) Auctions conducted under a judicial or an administrative order, or sales required by law to be at auction.
(3) Auctions conducted by a charitable, civic, or religious organization, or for such organization by a person who receives no compensation.
(4) Auctions of livestock if conducted by a person who specializes in the sale of livestock and the auction is conducted under the supervision of a livestock trade association, a governmental agency, or an owner of the livestock. The act does not apply to the auction of agricultural products as defined in s. 618.01(1) or the equipment or tools used to produce or market such products, if the auction is conducted at a farm or ranch where the products are produced or where the equipment and tools are used or at an auction facility that sells primarily agricultural products.
(5) Auctions conducted by a trustee pursuant to a power of sale contained in a deed of trust on real property.
(6) Auctions of collateral, sales conducted to enforce carriers’ or warehousemen’s liens, sales of the contents of self-contained storage units, bulk sales, sales of goods by a presenting bank following dishonor of a documentary draft, resales of rightfully rejected goods, or resales conducted pursuant to law, if the auction is conducted by the owner or agent of the lien on or interest in such goods.
(7) Auctions conducted as a part of the sale of real property by a real estate broker, as defined in s. 475.01(1)(a).
(8) Auctions of motor vehicles among motor vehicle dealers if conducted by an auctioneer.
(9) Auctions conducted by a person enrolled in a class at an approved school of auctioneering, for the purpose of training and receiving instruction, under the direct supervision of an auctioneer who is also an instructor in the school and who further assumes full and complete responsibility for the activities of the student.
History.—ss. 3, 14, ch. 86-119; s. 1, ch. 87-210; s. 67, ch. 90-321; s. 62, ch. 91-137; s. 11, ch. 91-156; s. 2, ch. 91-207; s. 4, ch. 91-429; s. 199, ch. 94-119; s. 5, ch. 97-42; s. 298, ch. 97-103.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VII - Talent Agencies (Ss. 468.401-468.415) › 468.404 - License; fees; renewals.

468.404 License; fees; renewals.—
(1) The department shall establish biennial fees for initial licensing, renewal of license, and reinstatement of license, none of which fees shall exceed $400. The department may establish a delinquency fee of no more than $50. The fees shall be adequate to proportionately fund the expenses of the department which are allocated to the regulation of talent agencies and shall be based on the department’s estimate of the revenue required to administer this part.
(2) If one or more individuals on the basis of whose qualifications a talent agency license has been obtained cease to be connected with the agency for any reason, the agency business may be carried on for a temporary period, not to exceed 90 days, under such terms and conditions as the department provides by rule for the orderly closing of the business or the replacement and qualifying of a new owner or operator. The licensee’s good standing under this part shall be contingent upon the department’s approval of any such new owner or operator.
(3) No license shall be valid to protect any business transacted under any name other than that designated in the license, unless consent is first obtained from the department, unless written consent of the surety or sureties on the original bond required by s. 468.408 is filed with the department, and unless the license is returned to the department for the recording thereon of such changes. A charge of $25 shall be made by the department for the recording of authorization for each change of name or change of location.
(4) No license issued under this part shall be assignable.
History.—ss. 4, 15, ch. 86-292; s. 3, ch. 87-325; s. 63, ch. 91-137; s. 13, ch. 91-156; s. 4, ch. 91-429; s. 23, ch. 94-119; s. 50, ch. 2003-399; s. 40, ch. 2004-269; s. 14, ch. 2006-2; s. 42, ch. 2015-4.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VII - Talent Agencies (Ss. 468.401-468.415) › 468.405 - Qualification for talent agency license.

468.405 Qualification for talent agency license.—
(1) Each person designated in an application under this part as an owner or operator shall be of good moral character as determined by the department.
(2) In addition to the foregoing qualification, each application shall show whether or not the agency, any person, or any owner of the agency is financially interested in any other business of like nature and, if so, shall specify such interest or interests.
History.—ss. 5, 15, ch. 86-292; s. 63, ch. 91-137; s. 13, ch. 91-156; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VII - Talent Agencies (Ss. 468.401-468.415) › 468.406 - Fees to be charged by talent agencies; rates; display.

468.406 Fees to be charged by talent agencies; rates; display.—
(1) Each applicant for a license shall file with the application an itemized schedule of maximum fees, charges, and commissions which it intends to charge and collect for its services. This schedule may thereafter be raised only by filing with the department an amended or supplemental schedule at least 30 days before the change is to become effective. The schedule shall be posted in a conspicuous place in each place of business of the agency and shall be printed in not less than a 30-point boldfaced type, except that an agency that uses written contracts containing maximum fee schedules need not post such schedules.
(2) All money collected by a talent agency from an employer for the benefit of an artist shall be paid to the artist, less the talent agency’s fee, within 5 business days after the receipt of such money by the talent agency. No talent agency is required to pay money to an artist until the talent agency receives payment from the employer or buyer.
History.—ss. 6, 15, ch. 86-292; s. 63, ch. 91-137; s. 13, ch. 91-156; s. 4, ch. 91-429; s. 24, ch. 94-119.