Act now to STOP!
Call to action
(by Chad & Angela Johnson)
Fellow Auctioneers! There is a bill in the Senate, SB 802, and a companion bill in the House, that deregulates the auction industry. This bill is Sponsored by Senator Passidomo of Naples, and was filed on February 8. SB 802 passed the Regulated Industries Committee on Wednesday March 8. Three FAA Board members attended the hearing and spoke in opposition. SB 802 will be heard in the Judiciary Committee, and possibly the Rules Committee in the coming weeks.
The House companion bill 7047, was filed on March 8, following the Senate Regulated Industries Committee meeting and will be heard at the House of Representatives Government Operations and Technology Subcommittee in the upcoming weeks as well. If approved here, HB 7047 will be heard before the Commerce Committee. This bill is sponsored by Representative Halsey Beshears of Monticello.
There is a 2nd related bill in the Senate, SB 1396. This bill is sponsored by Senator Jeff Brandes of St. Petersburg. This bill completely excludes the Auction Industry. This bill was filed on March 15, and will be heard at the Regulated Industries Committee, followed by Judiciary and possibly the Rules Committee. This is an excellent alternative to SB 802.
The FAA Board of Directors is closely monitoring these proceedings, but it will require work from the full membership to defeat it, or at least limit its impact on the auction industry in Florida. We will send post updates and other information as needed.
Florida Senate Bill 802 / Florida House Bill 7047 Impact Auctioneers
To review the bills visit the Senate page at www.flsenate.gov and enter 802 or 1396 as the bill number. The same procedure can be followed for the House of Representatives at www.myfloridahouse.gov enter 7047 as the bill number. Each page has a link to your legislator.
We will need calls and emails sent to perspective committee members as the bill moves through the Senate and House. Each Legislator has an office in Tallahassee and a local office in their district. Call both offices and email the legislator and his aide(s). Voicemail and conversations with the aides are beneficial as well.
Encourage friends, family, auction clients and customers to weigh in our behalf as well.
Below are talking points and an email template, include your own personal information and your own comments if you’d like. There are sample templates shown further in this document as well as contact information for the Senate and House Committee members.
Sb 802 And Hb 7047 Opposition Talking Points
- Your Name, your business name
- City and County of residence and business
- Years in the Auction profession
- Auction License Law was designed and adopted to protect the public, provide scope of competencies for the profession and provide a recourse for citizens wronged by poor practice. I am opposed to SB 802 as it relates to Auctioneers and the auction profession.
- The bill requires rules for Auctioneers but doesn’t provide insurance that those rules are understood
- Must maintain a Fiduciary relationship with the Client/Seller The general public may not know and understand the true definition of Fiduciary
- Must maintain Escrow and cannot Co-Mingle funds
- Absolute Auctions and Reserve Auction understanding, advertising and execution
- The bill removes the Florida Board of Auctioneers as a means for citizens to seek recourse in event of wrongful conduct, unscrupulous activity, and fraudulent activity
- DBPR through the Florida Board of Auctioneers provides citizens an economical and effective means of recourse without burdening the courts and without the personal expense, time and risk involved in civil court
- Recovery Fund provides a financial remedy to recoup monies lost in fraudulent activity
- DBPR Auction Board hears complaints, can levy fines against Auctioneers for illegal activity, Revoke or suspend licenses of unscrupulous Auctioneers
- The bill removes requirements for education, ethic review, and proof of necessary competencies
- This Bill would allow a convicted felon to take possession of personal property, collections, life savings and treasured possessions etc., liquidate them, and collect monies without citizen knowledge of individual’s past
- This Bill removes requirement that Auctioneers understand contracts, execution of Fiduciary Relationship
- This Bill would eliminate Florida Auctioneers from participating in Reciprocity with 19 other states, adversely impacting Florida Auctioneers competing for business in other states
EMAIL TEMPLATE For Auctioneers: use this letter template and send immediately!
Florida Senate Bill 802/House Bill 7047
Hello, I am ————, and I am from——————-. I am opposed to Senate Bill 802 and House Bill 7047 due to the complete deregulation of the Auction Industry and its license requirements. The Auctioneer has full fiduciary responsibility, including undivided loyalty, with no undisclosed conflicts of interest. The Auctioneer often takes possession of equipment, estates, collections, personal property, and more and is charged with liquidating those assets in a manner in which they receive optimum exposure for price discovery. The Auctioneer is also required to maintain inventories, provide accounting of assets, keep and manage an Escrow account, and pay clients in a timely manner. They are prohibited from commingling funds of Escrow and required to disperse accrued interest when earned.
There is a great deal more to the Auction Profession than just the excitement of the chant, and rhythmic calling of bids. I ask for your support in defeating Senate Bill 802 and House Bill 7047, or at minimum, amending the bill to exclude Auctioneers, Auction Licensure, and Board of Auctioneers from this bill. Senate Bill 1396 is an excellent alternative to Senate Bill 802 and I would appreciate your consideration of this bill as an option.
I would be happy to visit further with you, to answer any questions that may help you make a more informed decision when this bill is discussed in committee.
Thank you for your consideration.
Name, address, email and phone
EMAIL or VOICEMAIL Script for Clients, Customers, Family or Friends:
Hi, I am ———— from ——– County. I am calling about Senate Bill 802 or House Bill 7047. I am opposed to these Bills and the effects it would have on the auction profession. I regularly attend auctions or I have purchased personal property at auctions or I have sold personal property or real estate at auction. I believe there is a need for regulation and education of auctioneers in Florida. Thank you for your time.
Committee Contact Info:
Below are the lists of Committees that Senate Bill 802 must be approved by to make it to the Senate floor. Please reach out to each of these committee members as well as your own Legislators. Also, Senator Brandes has a similar bill, SB 1396, which currently EXCLUDES the auction industry. During correspondence with all legislators, it is certainly acceptable to mention Senate Bill 1396 as an alternative to SB 802.
Right click on each name should provide the link to their Senate page. The names in blue serve on multiple committees that will here SB 802.
Florida Senate Bill 802 Impact Auctioneers and Consumers!
Chair: D. 7 Senator Travis Hutson (R)
Vice Ch.: D. 14 Senator Dorothy L. Hukill (R)
Chair: D. 27 Senator Lizbeth Benacquisto (R)
Vice Ch: D. 33 Senator Perry E. Thurston, Jr. (D)
- 32 Senator Lauren Frances Book (D)
- 5 Senator Rob Bradley (R)
- D.24 Senator Jeff Brandes (R)
- 35 Senator Oscar Braynon II (D)
- 39 Senator Anitere Flores (R)
- 21 Senator Bill Galvano (R)
- 16 Senator Jack Latvala (R)
- 20 Senator Tom Lee (R)
- 3 Senator Bill Montford (D)
- 10 Senator Wilton Simpson (R)
- 28 Senator Kathleen Passidomo (R) Introduced SB 802
Chair: Ingoglia, Blaise [R]
Vice Ch: Combee, Neil [R]
Dem Ranking Member: Cortes, John [D]
Altman, Thad [R]
Antone, Bruce [D]
Avila, Bryan [R]
Davis, Tracie [D]
DuBose, Bobby B. [D]
Eagle, Dane [R]
Grant, James “J.W.” [R]
Hahnfeldt, Don [R]
Peters, Kathleen M. [R]
Plasencia, Rene “Coach P” [R]
Raulerson, Daniel D. “Dan” [R]
Shaw, Sean [D]
Florida House Bill 4707…Impacts Auctioneers. Act now to STOP!
Chair: Diaz, Jose Felix [R]
Vice Ch: Avila, Bryan [R]
Dem Ranking Member: Jenne, Evan [D]
Ausley, Loranne [D]
Berman, Lori [D]
Beshears, Halsey [R] Introduced HB 7047
Boyd, Jim [R]
Burgess, Jr., Daniel Wright “Danny” [R]
Duran, Nicholas X. [D]
Eagle, Dane [R]
Edwards, Katie A. [D]
Eisnaugle, Eric [R]
Geller, Joseph [D]
Goodson, Tom [R]
Grant, James “J.W.” [R]
Gruters, Joe [R]
Hager, Bill [R]
Ingoglia, Blaise [R]
Killebrew, Sam H. [R]
La Rosa, Mike [R]
McGhee, Kionne L. [D]
Miller, Mike [R]
Moskowitz, Jared Evan [D]
Payne, Bobby [R]
Peters, Kathleen M. [R]
Roth, Rick [R]
Shaw, Sean [D]
Stark, Richard [D]
Toledo, Jackie [R]
Trumbull, Jay [R]
- Myers Jackson, President
- Sara Rose Bytnar, President Elect
- Craig Fleming, Vice President
- Chad Johnson, Treasurer
- Rick Eberhart, Director
- Davis Dybass, Director
- Frank Trunzo, Director
- Alan Frenkel, Director
- Don Cotton, Director
- Robert Almovadar, Director
- Chris Dudley, Past President
- Michael Garner, Past President
- Rose White, Past President
- Cliff Shuler, Past President
- Marty Higgenbotham, Past President
- Benny Fisher, Past President
- Jim Gall, Past President
- Walt Driggers, Past President
- Chris Fisher, Past President