Auctioneer Licenses

How does Florida regulate and authorize licenses?

Under the Florida Statutes, a “license” to regulate professions and occupations means any permit, registration, certificate, or license issued by the Department of Business and Professional Regulation (the “DBPR”). An occupational license is a privilege accorded by the state or its subdivisions to conduct a business at a particular location and is not a property right protected by substantive due process; the denial of such license does not prevent the business owner from pursuing a lawful occupation but merely stops the business from operating at a particular location. Ammons v. Okeechobee County, 710 So. 2d 641 (Fla. 4th DCA 1998).

On July 1, 2021, the Florida Legislature passed Section 163.211 into law, which prevents any county, municipality, or other political subdivision of Florida from implementing additional licensing requirements for most occupations. Therefore, a prospective applicant only needs to satisfy state statutory requirements.

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How does the licensing process work in Florida?

A prospective licensee must apply through the DBPR, which must review the application and have the discretion to reject or accept applications for new licenses and license renewals as long as the discretionary review is reasonable. See KJS v. Department of Children and Family Services, 974 So. 2d 1106 (Fla. 1st DCA 2007). On the other hand, licensees seeking renewal must file for renewal before their license expires, or they will not be allowed to engage in their occupation until the DBPR grants a separate, new license. See Legal Environmental Assistance Foundation, Inc. v. Board of County Com’rs of Brevard County, Fla., 61 F.3d 25 (11th Cir. 1995).

When the DBPR receives a license application, the agency has 90 days to examine the application, timely notify the applicant of any errors or omissions, request additional information, and, ultimately, issue a notice of intent to either grant or deny the license. The DBPR may not deny renewal without a full, open, and fair hearing for license renewals. See Wilson v. Pest Control Commission of Fla., 199 So. 2d 777 (Fla. 4th DCA 1967).

What are specific laws related to an auctioneer license in Florida?

Chapter 468 of Florida Statutes regulates auctioneers. Under this chapter, an auctioneer is “any person . . . who holds a valid Florida auctioneer license.” An auction business is “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.”

The Florida Legislature created the Florida Board of Auctioneers, which oversees the administration of statutes and regulations pertaining to auctioneers.

What are the application and retention requirements for an auctioneer license?

Application Requirements:

Education: N/A
Training: An applicant must have held an apprentice license and served as an apprentice for one year or more or have completed a course of study, consisting of not less than 80 classroom hours of instruction, that meets standards adopted by the Board of Auctioneers.
Professional Examination: Yes, applicants must pass a written examination approved by the Board of Auctioneers, which tests their general knowledge of the laws of Florida relating to provisions of the Uniform Commercial Code that are relevant to auctions, the laws of agency, and the requirements of Chapter 468 of the Florida Statutes.
Additional Required Examinations: N/A
Cost of Licensure: $200
Reciprocity or Endorsement: An applicant may seek licensure by endorsement if the applicant 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 Florida.

Retention Requirements:

Renewal Period: Two years
Cost of Renewal: $150
Continuing Education Requirement: N/A

To determine whether you meet the requirements for an auctioneer license, please contact our office to set up your initial consultation.

What conduct are grounds for disciplinary action for an auctioneer licensee?

Most of the grounds for disciplinary action against a licensee are listed in Section 468.389, Florida Statutes, including the following

A violation of any law relating to trade or commerce of this state or of the state in which an auction is conducted.
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.
False, deceptive, misleading, or untruthful advertising.
Any conduct in connection with a sales transaction which demonstrates bad faith or dishonesty.
Using or permitting the use of false bidders, cappers, or shills.
Making any material false statement on a license application.

Can the DBPR’s license decision be appealed?

Yes, an adverse license decision made by the DBPR is appealable. The authority for appealing such decisions comes from the Florida Administrative Procedure Act (APA), Chapter 120 of the Florida Statutes. Specifically, the right to appeal derives from Florida Statutes §120.569 and §120.57. The APA establishes the framework for challenging agency actions, such as licensing decisions, through administrative hearings and judicial review.

If an applicant or licensee receives an adverse decision from the DBPR, they may request an administrative hearing to challenge it. The request for a hearing must be submitted within the timeframe specified in the agency’s notice, which is generally 15 days from the date of the notice, as provided in Section 120.569(2)(a), Florida Statutes.

The administrative hearing process commences with submitting a petition for a hearing to the agency. The petition must comply with the requirements outlined in Rule 28-106.201, Florida Administrative Code. If the petitioner qualifies for an administrative hearing, the case is referred to the Division of Administrative Hearings (DOAH) and assigned to an administrative law judge (ALJ).

The ALJ conducts the hearing, like a trial, with both parties presenting evidence and testimony. After the hearing, the ALJ issues a recommended order, which includes findings of fact, conclusions of law, and a recommendation for a final decision. The DBPR then reviews the recommended order and issues a final order, either adopting, modifying, or rejecting the ALJ’s recommendations.

Suppose the petitioner is unsatisfied with the DBPR’s final order. In that case, they can seek judicial review by filing a notice of appeal with the appropriate District Court of Appeal, as provided in Section 120.68, Florida Statutes. The court reviews the case to determine if the agency’s decision follows from competent, substantial evidence and complies with the law.

Have more questions about a professional licensing-related situation?

Crucially, this overview of auctioneer licenses does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.