468.388  Conduct of an auction.--

(1)  Prior to conducting an auction in this state, an auctioneer or auction business shall execute a written agreement with the owner, or the agent of the owner, of any property to be offered for sale, stating:

(a)  The name and address of the owner of the property;

(b)  The name and address of the person employing the auctioneer or auction business, if different from the owner; and

(c)  The terms or conditions upon which the auctioneer or auction business will receive the property for sale and remit the sales proceeds to the owner.

(2)  The auctioneer or auction business shall give the owner one copy of the agreement and shall keep one copy for 2 years after the date of the auction.

(3)  A written agreement shall not be required if:

(a)  The auction is to be conducted at an auction house or similar place where the public regularly offers property for sale;

(b)  There has been no prior negotiation between the owner or the owner's agent and the auctioneer or auction business involving terms or conditions pertaining to the property being offered for sale; and

(c)  The total estimated value of the property is $500 or less. If the actual sale price of the property exceeds $550, the written agreement required by subsection (1) shall be executed after the sale.

(4)  Each auctioneer or auction business shall maintain a record book of all sales for which a written agreement is required. The record book shall be open to inspection by the board at reasonable times.

(5)  Each auctioneer or auction business shall prominently display his or her license, or make it otherwise available for inspection, at each auction in which he or she participates.

(6)  All advertising by an auctioneer or auction business shall include the name and Florida license number of such auctioneer and auction business. The term "advertising" shall not include articles of clothing, directional signs, or other promotional novelty items.