MEETING OF THE FLORIDA BOARD OF AUCTIONEERS 1300 EXECUTIVE CENTER DR. TALLAHASSEE, FL 32301 850.325.1103 FRIDAY, SEPTEMBER 28, 2018, 9:00 A.M. EDT UNAPPROVED The Board of Auctioneers meeting was called to order by Chairman Donald Shearer at 9:10 a.m. ROLL CALL Members Present: Donald Shearer, Chair H. Fred Dietrich III, Vice-Chair Ransom Reed Hartman Pamela Kiser-Burch Matthew Varble Staff Present: Krista Woodard, Executive Director Anne Ahrendt, Government Analyst Crystal Stephens, Chief Attorney, Professions Ellen Carlos, Prosecuting Attorney Rob Milne, Board Counsel Doreen Mannino, Court Reporter, For the Record Court Reporting REVIEW AND APPROVAL Minutes from May 11, 2018 Mr. Dietrich made a motion to approve the minutes. Ms. Kiser-Burch seconded the motion. Motion carried. Ratification List of Licensees (May 1, 2018 through September 9, 2018) Mrs. Woodard presented the Ratification List May 1, 2018 through September 9, 2018. Licensed Auctioneer Apprentice AE 513 AMERO, ALAN ROBERT SARASOTA FL AE 514 BUNN, DAVID ANDREW VENICE FL AE 516 HARNED, KEVIN GUYETTE LOUISVILLE KY AE 515 TEDALDI, ANTHONY CHARLES KEY BISCAYNE FL Florida Board of Auctioneers Page 1 of 7
Mrs. Woodard presented the candidates for licensure. Mr. Hartman made a motion that the licenses be ratified. The motion was seconded by Mr. Dietrich and the motion carried. Auctioneer Licensed by Examination AU 4951 ALEXANDER, CHRISTINE SARASOTA FL AU 4965 LOZADA, MATT TAMPA FL AU 4964 RENKERT, BRETT CARLETON PALM CITY FL AU 4953 ROSIER, WILLIAM RICHARD JR MELBOURNE FL Mrs. Woodard presented the candidates for licensure. Mr. Hartman made a motion that the licenses be ratified. The motion was seconded by Mr. Dietrich and the motion carried. Auctioneer Licensed by Endorsement AU 4954 BARNES, LOUIS SCOTT VESTAVIA HILLS AL AU 4948 BOWERS, SCOTT H ELGIN IL AU 4945 BROOKE, BRUCE ALAN BOARDMAN OH AU 4944 CHAMBERS, MICHAEL JOHN ATKINSON NH AU 4947 DEAN, WESLEY DONALD DOTHAN AL AU 4955 GARBER, JEFFREY T LINCOLN MO AU 4958 HILLEY, ANDREW LLOYD LEWISVILLE TX AU 4959 KLISIEWICZ, RICHARD JOHN III EAST AURORA NY AU 4957 LILLY, WILLIAM BRANCH JR ROCKINGHAM NC AU 4956 MASSEY, ZACHARY SCOTT STARKVILLE MS AU 4952 THEORIN, CARL JOHN MERRILL WI Mrs. Woodard presented the candidates for licensure. Mr. Hartman made a motion that the licenses be ratified. The motion was seconded by Mr. Dietrich and the motion carried. Auctioneer License from Null and Void AU 1886 WHEAT, VERNON WAYNE COLLEGE STATION TX Mrs. Woodard presented the candidate for licensure. Mr. Hartman made a motion that the license be ratified. The motion was seconded by Ms. Kiser-Burch and the motion carried. Licensed by Auctioneer Business AB 3740 ALLURE FINE ARTS LLC CUTLER BAY FL AB 3731 BARRETT JACKSON AUCTION COMPANY LLC SCOTTSDALE AZ AB 3733 BUILDERS AUCTION COMPANY INC HOUSTON TX AB 3727 C-DIESEL TOWING & TRUCKING, INC LAUDERHILL FL AB 3735 D R S SMALL LIVESTOCK AUCTION LLC JASPER FL AB 3729 DANGELCO DWIGHT ANGEL COMPANIES MIDWAY FL AB 3738 DIXON AUCTTION GROUP LLC HOMESTEAD ``````` FL AB 3718 EQUIP ENTERPRISES, LLC. SANFORD FL AB 3719 FLEMING & COMPANY AUCTIONEERS, LLC JACKSONVILLE FL AB 3728 FLORIDA TIMBERLANDS REALTY, INC. GAINESVILLE FL AB 3724 INTER JEWELRY, INC AVENTURA FL AB 3723 LA CASA DE LAS ARGOLLAS JOYERIA INC 1 MIAMI FL AB 3741 LIONHEART AUCTION GROUP LLC HOLLYWOOD FL AB 3734 MANHEIM REMARKETING, INC. OCOEE FL AB 3732 MARKET AUCTIONS, INC. LAKE WORTH FL AB 3736 MJ AUCTION GALLERY, LLC MIAMI FL AB 3722 RAGAN AUCTION COMPANY ARCADIA FL AB 3725 RBFINEARTS L.L.C TAVARES FL AB 3720 REDLINE MOTORGROUP INC JACKSONVILLE FL AB 3737 RLT FINE ART LLC SUNNY ISLES BEACH FL AB 3721 SHETLER AUCTIONS LLC MOUNTAIN GROVE MO AB 3739 VAN GEARY AUCTION GALLERIES INC STUART FL AB 3730 WINDSOR STERLING, INC. LUTZ FL Florida Board of Auctioneers Page 2 of 7
Mrs. Woodard presented the candidates for Licensure. Mr. Hartman made a motion that the licenses be ratified. The motion was seconded by Mr. Varble and the motion carried. DISCIPLINARY CASES -Crystal Stephens, Chief Attorney, Professions and Ellen Carlos, Prosecuting Attorney Petitioner s Motion for an Informal Hearing (2015-003701) DBPR v. Phillip S. Devereux (AU 4468). Mr. Hartman made a motion to accept the material facts and proceed with an informal hearing. The motion was seconded by Mr. Dietrich and the motion carried. A motion was made to accept the allegations of fact and the conclusions of law by Mr. Dietrich and seconded by Mr. Hartman. The motion carried. A motion was made by Mr. Hartman that the respondent pay an administrative fine of $1,500, and costs of $294.79. Motion was seconded by Ms. Kiser-Burch and the motion carried. Stipulation Settlement (2017-010595, 2017-018369 &2017-040318) DBPR v. Adam Levinsohn (AU 4059). A motion was made by Mr. Varble to accept the stipulation agreement of an administrative fine in the amount of $5,000.00 and costs of $962.80. Mr. Hartman seconded the motion and the motion carried. Petitioner s Motion for Waiver and Entry of Final Order (2017-041193 & 2017-041195) DBPR v. Holly Ann Martin & Elite Auction Associates, Inc. (AU 4255 & AB 3089) A motion was made by Mr. Dietrich and seconded by Mr. Hartman to accept the material facts that the respondent failed to respond to the election of rights and grant the petitioner s motion for a waiver. The motion carried. A motion was made to accept the allegations of fact and the conclusions of law in the administrative complaint by Mr. Hartman and seconded by Mr. Varble. The motion carried. A motion was made by Mr. Varble impose an administrative fine of $1,000; costs of $131.17; a five year suspension; and restitution in an amount to be determined by the Complainant s accounting. Motion was seconded by Mr. Dietrich. The motion carried. Stipulation Settlement (2017-049924) DBPR v. Nicholas McAbee (AU 4218) A motion was made by Mr. Hartman to accept the stipulation agreement of an administrative fine in the amount of $500.00 and costs of $266.66. Mr. Varble seconded the motion and the motion carried. Florida Board of Auctioneers Page 3 of 7
Stipulation Settlement (2018-009428) DBPR v. Winston Garth (AU 468). A motion was made by Mr. Hartman to accept the stipulation agreement of an administrative fine in the amount of $200.00 and costs of $272.14. Ms. Kiser-Burch seconded the motion and the motion carried. Respondent s Motion for Waiver (2018-020164) DBPR v. Mohammed Mizani (AU 697) A motion was made to accept the allegations of fact and the conclusions of law in the administrative complaint by Mr. Hartman and seconded by Mr. Dietrich. The motion carried. A motion was made by Mr. Hartman that the Respondent pay an administrative fine of $1,000 and costs of $138.06. Motion was seconded by Mr. Dietrich. The motion carried. REPORTS Prosecuting Attorney Case Load Report Ellen Carlos, Prosecuting Attorney There are a total of 13 private cases and 13 public cases in legal at this time. Board Counsel Report Robert Milne Rule 61G2-2.002, Florida Administrative Code-Examination for Licensure. Board counsel asked the Board for a motion to open the rule for development and approve the draft language as presented. A motion was made by Mr. Varble and seconded by Mr. Hartman. Motion carried. that there would be no impact and the motion was seconded by Mr. Varble. Motion carried. No violation/citation SERC statement needed. Rules 61G2-2.0035, Florida Administrative Code-Exemption from Licensure Renewal Provisions Board counsel asked the Board for a motion to open the rule and delete language deemed unnecessary by the Joint Administrative Procedures Committee. A motion was made by Ms. Kiser-Burch and seconded by Mr. Hartman. Motion carried. that there would be no impact and the motion was seconded by Mr. Dietrich. Motion carried. No minor violation/citation SERC statement needed. Florida Board of Auctioneers Page 4 of 7
Rule 61G2-3.001, Florida Administrative Code Fees This item did not appear on the agenda but was brought up by Board Counsel. Board Counsel asked for the Board to consider the first offense violation of this rule as a minor violation whereby a citation may be issued, and if the motion passes, that the Executive Director can certify the rule once it s promulgated. A motion to deem the first offense as a minor violation was made by Mr. Hartman and seconded by Mr. Dietrich. Motion carried. Rule 61G2-4.001, Florida Administrative Code Apprenticeship Training Requirements Board counsel asked the Board for a motion to open the rule for development and approve draft language as presented. A motion was made by Mr. Varble and seconded by Mr. Hartman. Motion carried. that there would be no impact and the motion was seconded by Mr. Dietrich. Motion carried. No minor violation/citation SERC statement needed. Rules 61G2-5.001, Florida Administrative Code Requirements for Conducting an Auction Board counsel asked the Board for a motion to open the rule for development and approve the draft language as presented. A motion was made by Mr. Hartman and seconded by Mr. Dietrich. Motion carried. that there would be no impact and the motion was seconded by Mr. Varble. Motion carried. No minor violation/citation statement needed. Rule 61G2-7.030, Florida Administrative Code Disciplinary Guidelines Board counsel asked the Board for a motion to open the rule open the rule for development and approve the draft language as presented. A motion was made by Mr. Hartman and seconded by Mr. Dietrich. Motion carried. that there would be no impact and the motion was seconded by Mr. Dietrich. Motion carried. Florida Board of Auctioneers Page 5 of 7
Board counsel asked the Board if a violation of the proposed rule amendment would constitute a minor violation. A motion was made by Mr. Hartman that a violation of the proposed rule would not constitute a minor violations. The motion was seconded by Mr. Dietrich and the motion carried. Rule 61G2-7.040, Florida Administrative Code Minor Violations Board counsel read the minor violations of this rule into the record. Board counsel asked the Board for a motion to open the rule open the rule for development and approve the draft language as presented. A motion was made by Mr. Hartman and seconded by Mr. Dietrich. Motion carried. Florida within one year after the implementation of the rule. Mr. Varble made the motion that there would be no impact and the motion was seconded by Mr. Dietrich. Motion carried. Board Counsel asked for the Board to consider the first offense violation of this rule as a minor violation whereby a citation may be issued, and if the motion passes, that the Executive Director can certify the rule. A motion to deem the first offense as a minor violation was made by Mr. Varble and seconded by Mr. Dietrich. Motion carried. The Auctioneer General Counsel asked to revisit Rule 61G2-7.04(3), Florida Administrative Code. (3) First time failure of an auctioneer and auction business to advertise an auction as absolute without specifying any and all items to be sold with reserve or minuimum bids as prohibited by Section 468.388(7)468.389(1)(d), F. S. Counsel noted that all other subsection in this rule specify, First time failure of an auctioneer or auction business Mr. Varble made a motion to reopen the rule. Mr. Hartman seconded it and the motion carried Mr. Varble rule to amend the language subsection (3) to reflect the word or. Subsection 3 should read First time failure of an auctioneer and or auction business to advertise an auction as absolute without specifying any and all items to be sold with reserve or minuimum bids as prohibited by Section 468.388(7)468.389(1)(d), F. S. Motion was seconded by Mr. Hartman. Motion carries. A motion was made that this change did not modify the SERC question or the minor violation votes by Mr. Hartman and seconded by Ms. Kiser-Burke. Florida Board of Auctioneers Page 6 of 7
Rule 61G2-7.050, Florida Administrative Code - Citations Board counsel asked the Board for a motion to open the rule open the rule for development and approve the draft language as presented. A motion was made by Mr. Dietrich and seconded by Ms. Kiser-Burch. Motion carried. Florida within one year after the implementation of the rule. Mr. Varble made the motion that there would be no impact and the motion was seconded by Mr. Hartman. Motion carried. Executive Director s Report Krista Woodard Quarterly Financial Statements (ending March 31, 2018) Ms. Woodard presented the financial statements. The Quarterly Complaint Report (as of July 31, 2018) was presented. A motion was made by Mr. Hartman to accept the Executive Director s report and seconded by Mr. Dietrich. Motion carried. Board Member Discussion Recording Winning Bids Discussion centered on the misconception by some auctioneers that the winning bids must be recorded into a paper record as opposed to a digital record. Board counsel suggested that the Board office add an item to the Frequently Asked Question portion of the Board of Auctioneers website to indicate that both digital records or paper records were an acceptable means of recording winning bids. Mr. Hartman made a motion that was seconded by Mr. Dietrich to add the item to the Frequently Asked Questions. Motion carried. Elections Chair Mr. Dietrich nominated Mr. Shearer to continue as chair and the motion was seconded by Mr. Hartman. Motion carried Vice-Chair Mr. Dietrich nominated Mr. Hartman as vice chair and the motion was seconded by Ms. Kiser Burch. Motion carried. Public Comment none. Old Business none. New Business- Mr. Shearer asked about reciprocity fees. Board counsel responded that the suggestion was the purview of the Legislature and not a Board function. No action taken. Adjournment: A motion to adjourn was made by Mr. Dietrich and seconded by Mr. Hartman. Motion carried. The meeting was adjourned at 11:20 a.m. Florida Board of Auctioneers Page 7 of 7