Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G2 - Board of Auctioneers › Chapter 61G2-7 - DISCIPLINE › Section 61G2-7.030 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(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
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.