468.383 Exemptions. - Florida Statutes

468.383 Exemptions.

This act does not apply to the following:

   (1) Auctions conducted by the owner, or the owner’s attorney, of any part of the property being offered, unless the owner acquired the goods to resell.

   (2) Auctions conducted under a judicial or an administrative order, or sales required by law to be at auction.

   (3) Auctions conducted by a charitable, civic, or religious organization, or for such organization by a person who receives no compensation.

   (4) Auctions of livestock if conducted by a person who specializes in the sale of livestock and the auction is conducted under the supervision of a livestock trade association, a governmental agency, or an owner of the livestock. The act does not apply to the auction of agricultural products as defined in s. 618.01(1) or the equipment or tools used to produce or market such products, if the auction is conducted at a farm or ranch where the products are produced or where the equipment and tools are used or at an auction facility that sells primarily agricultural products.

   (5) Auctions conducted by a trustee pursuant to a power of sale contained in a deed of trust on real property.

   (6) Auctions of collateral, sales conducted to enforce carriers’ or warehousemen’s liens, sales of the contents of self-contained storage units, bulk sales, sales of goods by a presenting bank following dishonor of a documentary draft, resales of rightfully rejected goods, or resales conducted pursuant to law, if the auction is conducted by the owner or agent of the lien on or interest in such goods.

   (7) Auctions conducted as a part of the sale of real property by a real estate broker, as defined in s. 475.01(1)(a).

   (8) Auctions of motor vehicles among motor vehicle dealers if conducted by an auctioneer.

   (9) Auctions conducted by a person enrolled in a class at an approved school of auctioneering, for the purpose of training and receiving instruction, under the direct supervision of an auctioneer who is also an instructor in the school and who further assumes full and complete responsibility for the activities of the student.

History. ss. 3, 14, ch. 86-119; s. 1, ch. 87-210; s. 67, ch. 90-321; s. 62, ch. 91-137; s. 11, ch. 91-156; s. 2, ch. 91-207; s. 4, ch. 91-429; s. 199, ch. 94-119; s. 5, ch. 97-42; s. 298, ch. 97-103.