Auctioneers – Declaratory Statements

A declaratory statement is the sole means for obtaining a binding interpretation or opinion from the Board of Auctioneers (BOA) concerning the applicability of statutory provisions, rules or orders over which the BOA has authority (Chapters 455 and 468, Part VIII, Florida Statutes, and Chapter 61G2, Florida Administrative Code).

A petition for a declaratory statement may only be used to resolve questions or doubts as to how the statutes, rules or orders may apply to the petitioner’s particular circumstances. A declaratory statement is not the appropriate means for determining the conduct of another person or for obtaining a policy statement of general applicability from the BOA.

Section 120.565, Florida Statutes, and 28.105, Florida Administrative Code, set forth the requirements for filing a petition for declaratory statement from the BOA. Below is a list of previously issued declaratory statements dating back to 1992, indexed by year and by subject. Please note that some of the statements have since been affected by new statute amendments and rule changes so refer to the Statute/Rule cited to verify the information is still applicable. Please note the petitions which have been denied by the Board are not included.

List of Declaratory Statements