Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Auctioneers
RULE NO: RULE TITLE
61G2-3.002: Application Fees
61G2-3.003: Examination Fees
61G2-3.004: Initial Licensure Fees
61G2-3.0041: Unlicensed Activities, Fees, Disposition
61G2-3.005: Renewal Fees
61G2-3.006: Reactivation Fee
61G2-3.007: Examination Review Fee
61G2-3.008: Duplicate License Fee
61G2-3.010: Auctioneer Recovery Fund Surcharge
61G2-3.011: Change of Status Fee
61G2-3.012: Delinquent Fee
PURPOSE AND EFFECT: The Board proposes the repeal of the separate fees rules for Chapter 61G2-3, F.A.C., as they are incorporated under one new rule.
SUMMARY: The rules repeal for the separate fees rule will allow the rules to be incorporated under one rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 455.2281, 455.271, 468.384(2), 468.386(1), 468.393(1) FS.
LAW IMPLEMENTED: 455.217(2), 455.2171, 455.219(6), 455.2281, 455.271, 468.385(2), (4), (6), (7), (11), 468.386(1), 468.387, as amended by S. 7, Ch. 87-210, Laws of Florida, 468.393(1) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony Spivey, Executive Director, Board of Auctioneers, 1940 North Monroe Street, Tallahassee, Florida 32399-0762

THE FULL TEXT OF THE PROPOSED RULE IS:

61G2-3.002 Application Fees.

The application fee for those applying for an auctioneer license through examination is $50; for an auctioneer license by endorsement or reciprocity $75; for an apprentice license $50; and for an auction business license $50.

Specific Authority 468.386(1) FS. Law Implemented 468.385, 468.387 FS., as amended by s. 7, Ch. 87-210, Laws of Florida. History–New 5-4-87, Amended 10-19-87, Formerly 21BB-3.002, Repealed_________.

 

61G2-3.003 Examination Fees.

(1) When the examination is not conducted by a professional testing service pursuant to Section 455.2171, Florida Statutes, $250.00 payable to the Department. When the examination is conducted by a professional testing service pursuant to Section 455.2171, Florida Statutes, $241.00 payable to the Department plus $9.00 payable to the testing service.

(2) When the re-examination is not conducted by a professional testing service pursuant to Section 455.2171, Florida Statutes, $250.00 payable to the Department. When the re-examination is conducted by a professional testing service pursuant to Section 455.2171, Florida Statutes, $241.00 payable to the Department plus $9.00 payable to the testing service.

Specific Authority 468.386(1) FS. Law Implemented 455.2171, 468.385(4) FS. History–New 5-4-87, Amended 9-13-88, Formerly 21BB-3.003, Amended 5-3-99, 4-26-04, Repealed_________.

 

61G2-3.004 Initial Licensure Fees.

The initial licensure fee for an auctioneer is $150; an apprentice $150; and for an auction business $150. However, persons or businesses granted initial licenses in the second year of the biennium shall pay one-half of the initial license fees.

Specific Authority 468.386(1) FS. Law Implemented 468.385(2), (6), (7) FS. History–New 5-4-87, Amended 5-7-90, Formerly 21BB-3.004, Amended 5-21-96, Repealed_________.

 

61G2-3.0041 Unlicensed Activities, Fees, Disposition.

Each licensee shall pay, in addition to all other fees, a special fee of $5.00 upon each initial license, and renewal thereof, to fund efforts to combat the unlicensed practice of auctioneering.

Specific Authority 455.2281, 468.384(2) FS. Law Implemented 455.2281 FS. History–New 4-17-94, Repealed_________.

 

61G2-3.005 Renewal Fees.

The fee for biennial renewal of an auctioneer’s license is $150; an apprentice license $150; an auction business license $150; and an inactive auctioneer license is $150.

Specific Authority 468.386(1) FS. Law Implemented 468.385(11) FS. History–New 5-4-87, Formerly 21BB-3.005, Amended 10-15-95, 5-21-96, Repealed_________.

 

61G2-3.006 Reactivation Fee.

The fee for reactivating is $50.

Specific Authority 468.384(2), 468.386(1) FS. Law Implemented 468.386(1) FS. History–New 10-19-87, Formerly 21BB-3.006. Amended 1-6-98, Repealed_________.

 

61G2-3.007 Examination Review Fee.

The fee for review of an applicant’s auctioneer examination questions, answers, paper, grades, and grading key, or any portion thereof is $50.

Specific Authority 468.386(1) FS. Law Implemented 455.217(2) FS. History–New 5-7-90, Formerly 21BB-3.007, Repealed_________.

 

61G2-3.008 Duplicate License Fee.

The fee for a duplicate copy of a previously issued license shall be $25.

Specific Authority 468.384(2), 468.386(1) FS. Law Implemented 455.219(6), 468.386(1) FS. History–New 12-3-90, Formerly 21BB-3.008, Amended 1-6-98, Repealed_________.

 

61G2-3.010 Auctioneer Recovery Fund Surcharge.

At the time of licensure or renewal of either an active or inactive status, under Section 468.385, 468.3851 or 468.3852, Florida Statutes, each licensee shall pay, a surcharge fee of $100 which shall be deposited into the Auctioneer Recovery Fund.

Specific Authority 468.386(1), 468.393(1), 468.384(2) FS. Law Implemented 468.393(1) FS. History–New 1-28-92, Formerly 21BB-3.010, Amended 9-25-95, 1-6-98, Repealed_________.

 

61G2-3.011 Change of Status Fee.

The change of status fee is $50.00.

Specific Authority 468.384(2), 468.386(1), 455.271 FS. Law Implemented 455.271 FS. History–New 8-14-95, Amended 1-6-98, Repealed_________.

 

61G2-3.012 Delinquent Fee.

A delinquent status licensee shall pay a delinquency fee of $100.00, when the licensee applies for active or inactive status.

Specific Authority 455.271 FS. Law Implemented 455.271 FS. History–New 9-25-95, Repealed_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Auctioneers
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Auctioneers
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 4, 2007